Cremation Regulations 2001 (SA)

South Australia

Cremation Regulations 2001

under the Cremation Act 2000

Contents

1            Short title

4            Interpretation

5            Forms

6            Application for cremation permit

7           Certificates as to cause of death

8            Tagging of body by doctor

9            Coffins

10          Removal and disposal of name plate etc from coffin before cremation

11          Identification of body

12          Disposal of cremated ashes

Schedule 1—Forms

Schedule 2—Application fees for cremation permits

Legislative history

1—Short title

These regulations may be cited as the Cremation Regulations 2001.

4—Interpretation

1. In these regulations—

   Act means the Cremation Act 2000;

   crematorium authority means the person in charge of a crematorium;

   funeral director means a person who carries on a business consisting of or including arranging for the cremation of the remains of a deceased;

   near relative of a deceased means—

   (a)a spouse or domestic partner of the deceased;

   (b)a child of the deceased of or over the age of 18 years;

   (c)a parent of the deceased;

   (d)a brother or sister of the deceased of or over the age of 18 years.

2. In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.

5—Forms

1. The forms set out in Schedule 1 are prescribed for the purposes of the Act.

2. A form set out in Schedule 1 must—

   (a)be used for the purposes specified in the Schedule; and

   (b)contain the information required by, and be completed in accordance with, the instructions contained in the form.

6—Application for cremation permit

An application for a cremation permit—

(a)may be made by—

(i)the executor or administrator of the deceased's estate; or

(ii)a near relative of the deceased; or

(iii)a person of or over the age of 18 years who satisfies the Registrar that he or she is, in all the circumstances, a proper person to make the application1; and

(b)must be lodged with the Registrar; and

(c)if the application is made under section 6(2) of the Act, must be accompanied by—

(i)the following information:

(A)the date and time of the deceased's death;

(B)the place of death (for example, the deceased's place of residence or the hospital, nursing home, lodgings, etc, where the deceased died);

(C)whether the applicant is—

•the executor or administrator of the deceased's estate; or

•a near relative of the deceased (specifying the relationship); or

•a person of or over the age of 18 years (specifying the reasons why the applicant is making the application);

(D)whether the deceased left written directions as to the mode of disposal of his or her remains and, if so, details of the directions;

(E)whether there has been any objection to the proposed cremation by the personal representative or a spouse, domestic partner, parent or child of the deceased;

(F)whether the applicant knows, or has reason to believe, that the death of the deceased was not due to natural causes and, if so, details of the cause of death;

(G)the name and address of the doctor who ordinarily attended the…