New South Wales Consolidated Regulations

PUBLIC HEALTH (DISPOSAL OF BODIES) REGULATION 2002 - REG 39

39 Medical referee’s cremation permit: dead persons who are not still-born children

(1) A medical referee who receives:

(a) an application for cremation of the body of a dead person made under clause 36, and

(b) a cremation certificate issued under clause 38 for the body,

may issue a cremation permit for the body in the approved form.

(2) However, a medical referee must not issue a cremation permit for the body of a dead person if:

(a) the death of the person is examinable under the Coroners Act 2009 by a coroner, or

(b) the person left a written direction that his or her body was not to be cremated or that it was to be disposed of by some other means, or

(c) the medical referee has not made an external examination of the body, or

(d) the medical referee is not satisfied that the identity of the body has been correctly disclosed in the application for cremation or in the cremation certificate, or

(e) the medical referee is not satisfied that the cause of death has been correctly disclosed in the cremation certificate, or

(f) the application for cremation or the cremation certificate appears to the medical referee to be otherwise incorrect or incomplete, or

(g) the same medical referee issued a cremation certificate in respect of the body.

(3) A medical referee who issues a cremation permit for the body of a dead person must, if the person has left a written direction that a particular method of cremation was, or was not, to be used in the disposal of his or her body, include that direction on the permit.