Untitled document

Cemeteries and Crematoria Amendment Regulations 2015

S.R. No. 115/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Prescribed information—interment of cremated human remains

6Application to Secretary for exhumation licence

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Endnotes

STATUTORY RULES 2015

S.R. No. 115/2015

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Amendment Regulations 2015

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 13 October 2015

Responsible Minister:

JILL HENNESSY
Minister for Health

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Cemeteries and Crematoria Regulations 2015—

(a)to provide for the amendments made by the Cemeteries and Crematoria (Veterans Reform) Act 2015; and

(b)to amend a prescribed form; and

(c)to make other miscellaneous amendments.

2Authorising provision

These Regulations are made under section 180 of the Cemeteries and Crematoria Act 2003.

3Commencement

These Regulations come into operation on 9 November 2015.

4Definitions

(1)In regulation 5(1) of the Cemeteries and Crematoria Regulations 2015[1], the definitions of domestic partner and spouse are revoked.

(2)In regulation 5(1) of the Cemeteries and Crematoria Regulations 2015, in the definition nearest surviving relative, in paragraph (b)(i), after "daughter" insert

", or stepson or stepdaughter,".

(3)Regulation 5(2) of the Cemeteries and Crematoria Regulations 2015 is revoked.

5Prescribed information—interment of cremated human remains

After regulation 8(c) of the Cemeteries and Crematoria Regulations 2015 insert—

"(ca)whether the deceased person is an identified veteran;".

6Application to Secretary for exhumation licence

For Part G of Form 5 in Schedule 1 of the Cemeteries and Crematoria Regulations 2015 substitute—

"Part G: Consent of nearest surviving relative/s of the deceased

Indicate below only the first listed category in which there is a nearest surviving relative of the deceased:

*spouse or domestic partner of the deceased at the time of their death

*son or daughter or stepson or stepdaughter who has attained the age of 18 years

*father or mother

*brother or sister who has attained the age of 18 years

*grandfather or grandmother

*grandson or granddaughter who has attained the age of 18 years

*uncle or aunt who has attained the age of 18 years

*nephew or niece who has attained the age of 18 years

Provide below the details and consents of all nearest surviving relatives of the deceased in the indicated first category. Attach additional pages if required.

Title:                Given Names:             Surname:

I consent to the exhumation of the remains of the deceased.

Signature:  Date:

Are there any other nearest surviving relatives of the deceased in the indicated first category whose details and consent have not been provided above?
*Yes     *No

If Yes, give details of any nearest surviving relatives in the indicated category who have not given consent and reasons why the consent of these relatives has not been obtained.

Title:                Given Names:             Surname:

Relationship to the deceased:

Reasons why the consent of this relative has not been obtained:

Declaration by applicant

I declare that:

·     all of the deceased's surviving parents, children (who have attained the age of 18 years, including stepchildren) and siblings (who have attained the age
of 18 years) have been informed of the proposed exhumation and have no objection; and

·     any parent or guardian of any minor child (including stepchild) or minor sibling of the deceased has been informed of the proposed exhumation and has no objection; and

·     I am not aware of any objection to the proposed exhumation from any other surviving relatives of the deceased, including but not limited to grandparents, grandchildren (who have attained the age of 18 years), uncles and aunts (who have attained the age of 18 years) and nephews and nieces (who have attained the age of 18 years).

Signature of applicant: _________________  Date: _____.

If you are not able to make the above declaration because a surviving relative has not been informed or has an objection, please provide a detailed explanation of the circumstances in a separate statutory declaration.".

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Endnotes

[1] Reg. 4(1): S.R. No. 59/2015.