CEMETERIES AMENDMENT BILL 1999 Second Reading Speech

Northern Territory Second Reading Speeches

CEMETERIES AMENDMENT BILL 1999

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Mr Speaker, I move that the bill be now read a second time.

The purpose of this bill is to allow a general right of exhumation in the Territory, subject of course to certain conditions.

Currently in the Territory, only the Coroner may authorise an exhumation if it is necessary for the investigation of a death. In all other circumstances, the exhumation of human remains in the Territory for the purpose of reinterment is illegal at common law and may constitute an offence against the Criminal Code and the Cemeteries Regulations.

There are valid reasons why people may wish to exhume the remains of their loved ones. Over the past year, the Department of Local Government has received requests, particularly from Aboriginal people, seeking relocation of a deceased’s remains to their homeland. Families may also wish deceased persons to be reinterred alongside other family members. There are, however, clear public policy reasons why the exhumation of human remains must be subject to appropriate government controls.

This bill will allow certain people, including the deceased’s next-of-kin or an executor of the deceased’s estate, to apply to the Minister for Local Government for his or her consent to exhume remains in the Territory and remove those remains from the Territory or to another place in the Territory. In order for an application to be successful, the applicant must satisfy the minister in respect of a number of matters including the following:

· that no next-of-kin of the deceased person has reasonable objections to the proposal;

· that all reasonable steps have been taken to notify the next-of-kin of the proposed action in time for them to make any objections known;

· that the Chief Health Officer has given his or her written approval to the exhumation and removal of the remains;

· that the applicant has the necessary authority to bury, cremate or otherwise dispose of the remains at the intended site; and

· that the applicant has arranged appropriate means of transporting the remains to the intended site.

Ultimately, however, consent to a proposed exhumation remains at the discretion of the minister.

The bill provides that the minister may prescribe fees in relation to an application for exhumation. This is to cover the administrative costs to the department in relation to the processing of applications, although the minister has the discretion to waive these fees if appropriate.

The applicant is to be responsible for any expenses reasonably incurred by the Territory on his or her behalf in connection with an exhumation or application. The applicant must also bear the cost of the actual exhumation, transportation and disposal of the remains once consent is obtained.

It will be an offence to carry out an exhumation except in accordance with the provisions contained in the bill or another Territory Act or to fail to comply with a condition imposed on the exhumation or removal of the remains by the minister. It will also be an offence to provide false information to the minister in relation to an application.

It is acknowledged that the exhumation of human remains may have significant public health implications. Consequently, in addition to requiring the approval of the chief health officer in each case, the bill provides the minister must have regard to any guidelines issued by the chief health officer in relation to the exhumation, removal and disposal of the human remains.

The reinterment of human remains in the Territory will continue to be governed by the existing laws. In general, these laws prohibit burial other than in a designated cemetery except with the written consent of the minister. The introduction of a general right of exhumation will bring the Territory now in line with the rest of Australia. All other states and the ACT have a general right of exhumation with the consent of a nominated government representative. The proposed amendments will provide a workable mechanism for dealing with general requests for exhumations, whilst ensuring that the necessary public health and other safeguards are met.

I commend the bill to honourable members.

Debate adjourned.

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