Cremation Amendment Regulations 2002 (WA)

4766 GOVERNMENT GAZETTE, WA 24 September 2002

11E301*

Cremation Act 1929

Cremation Amendment Regulations 2002

The amendments in these regulations are to the Cremation
Regulations 1954*.

[* Reprinted 1 December 2000.]

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Cremation Amendment
Regulations 2002.

2.            Commencement

These regulations come into operation on the same day as Part 6
of the Acts Amendment (Lesbian and Gay Law Reform)
Act 2002 comes into operation.

3.            The regulations amended

24 September 2002 GOVERNMENT GAZETTE, WA 4767

4.            Regulation 3 inserted

After regulation 2 the following regulation is inserted -

3.            Interpretation

In these regulations -
"nearest surviving relative" in relation to a deceased

person, means the first person who is available
from the following persons in the order of priority
listed—

(a) a person who, immediately before the death,

was living as -

(i)     the spouse of the person; or

(ii)     a de facto partner of the person, and who is of or over the age of 18 years;

(b) a person who, immediately before the death,

was the spouse of the person;

(c) a son or daughter, who is of or over the age

of 18 years, of the person;

(d) a parent of the person;

(e) a brother or sister, who is of or over the age

of 18 years, of the person.

5.            Forms 6 and 7 amended

(1)	The amendments in this regulation are to Appendix "A".
(2)	Form 6 is amended as follows:

(a) by deleting "Next of kin" and inserting instead -

Nearest surviving relative* ";

(b)

in Item (1) by deleting "relative" and inserting " relatives

(c)

in Item (2) by deleting "relative" in both places where it " relatives ";

(d)	by deleting Item (4);
(e)	by inserting at the end of Part I of the Form -

"

*nearest surviving relative" in relation to a deceased
person, means the first person who is available from
the following persons in the order of priority listed -

(a) a person who, immediately before the death, was

living as -
(i) the spouse of the person; or

4768 GOVERNMENT GAZETTE, WA 24 September 2002

(ii) a de facto partner of the person, and who is

of or over the age of 18 years;

(b)	a person who, immediately before the death, was the spouse of the person;
(c)	a son or daughter, who is of or over the age of 18 years, of the person;
(d)	a parent of the person;
(e)	a brother or sister, who is of or over the age of 18 years, of the person.

(3) Form 7 is amended in item 3 by deleting "relative to" and

inserting instead

44

spouse, de facto partner or relative of ".

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.