• Specific Year
    Any

PUBLIC HEALTH REGULATION 2012 - REG 70 Application to exhume remains

PUBLIC HEALTH REGULATION 2012 - REG 70

Application to exhume remains

70 Application to exhume remains

(1) An application for approval to exhume the remains of the body of a dead person may be made to the Secretary by--
(a) an executor of the estate of the dead person, or
(b) the nearest surviving relative of the dead person, or
(c) if there is no such executor or relative available to make the application--a person who, in the opinion of the Secretary, is a proper person in all the circumstances to make the application.
(2) An application is to be made in the approved form and is to be accompanied by--
(a) a certified copy of the death certificate relating to the dead person, and
(b) a statutory declaration as to the relationship of the applicant to the dead person and the dead person's wishes, if any, regarding the disposal of his or her body (so far as any such wishes are known to the applicant), and
(c) an application fee of $369.
(2A) Despite subclause (2), the Secretary may dispense with the requirement for an application to be accompanied by a death certificate if--
(a) the Secretary is satisfied that it is not reasonably practicable to get the death certificate in the circumstances, and
(b) the Secretary consults the State Coroner about the application.
(3) In this clause,
"death certificate" means a certificate given by a medical practitioner as to the cause of death or issued under the Births, Deaths and Marriages Registration Act 1995 .