{"id":"cremation-regulations-1954","name":"Cremation Regulations 1954","slug":"cremation-regulations-1954","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174415,"registerId":"wa-cremation-regulations-1954-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cremation Regulations 1954","content":"![Crest]()Western Australia\n\nCremation Act 1929\n\nCremation Regulations 1954\n\nWestern Australia\n\nCremation Regulations 1954\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: nearest surviving relative 1\n\nPart I — Application for licence to use and conduct a crematorium\n\n4. Application for licence 2\n\n5. Form of licence 2\n\n6. Compliance certificate 2\n\n7. Form of certificate 3\n\nPart II — Maintenance and inspection of crematoria\n\n8. Crematoria to be maintained 4\n\n9. Inspection 4\n\n10. Notice requiring work to be carried out 4\n\nPart III — Application for permit to cremate\n\n11. Form of permit application 6\n\n12. Other requirements for permit 6\n\nPart IV — The medical referee\n\n13. Referee to be medical practitioner 7\n\n14. Conditions for medical referee 7\n\nPart V — Cremation elsewhere than in a crematorium\n\n15. Cremation elsewhere for religious reasons 9\n\n16. Cremation in cemetery 9\n\n17. Permission required for cremation elsewhere 9\n\nPart VI — Miscellaneous\n\n18. Register of cremation to be kept 10\n\n19. Inspection of register 10\n\n20. Notice of cremation to be given 10\n\n20A. Post mortem certificate 10\n\nSchedule 1 — Forms\n\nSchedule 2 — Fees\n\nNotes\n\nCompilation table 36\n\nOther notes 38\n\nDefined terms\n\n  \n\nCremation Act 1929\n\nCremation Regulations 1954\n\n##### 1. Citation\n\nThese regulations may be cited as the *Cremation Regulations 1954*.\n\n##### 2. Commencement\n\nThese regulations shall come into operation on 6 September 1954.\n\n##### 3. Term used: nearest surviving relative\n\nIn these regulations —\n\nnearest surviving relative in relation to a deceased person, means the first person who is available from the following persons in the order of priority listed —\n\n(a) a person who, immediately before the death, was living as —\n\n(i) the spouse of the person; or\n\n(ii) a de facto partner of the person, and who is of or over the age of 18 years;\n\n(b) a person who, immediately before the death, was the spouse of the person;\n\n(c) a son or daughter, who is of or over the age of 18 years, of the person;\n\n(d) a parent of the person;\n\n(e) a brother or sister, who is of or over the age of 18 years, of the person.\n\n[Regulation 3 inserted: Gazette 24 Sep 2002 p. 4767.]\n\n## Part I — Application for licence to use and conduct a crematorium\n\n##### 4. Application for licence\n\n(1) Every application under section 4(1) of the Act for a licence to use and conduct a crematorium shall be made in writing and shall be made in accordance with Schedule 1 Form 1. It shall be signed by the chairman of the body making the application, and shall be accompanied by statutory declaration or other evidence as required by section 4(2) of the Act, and the fee prescribed in Schedule 2 item 1.\n\n(2) The application shall be submitted to the Chief Health Officer who shall ensure that it is in order before forwarding it to the Governor.\n\n(3) If the licence is not granted the fee shall be returned to the applicant.\n\n[Regulation 4 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249; 2 Jul 2019 p. 2646 and 2647.]\n\n##### 5. Form of licence\n\nEvery licence granted shall be in accordance with Schedule 1 Form 2 or Form 3 as the case may require.\n\n[Regulation 5 amended: Gazette 2 Jul 2019 p. 2646.]\n\n##### 6. Compliance certificate\n\n(1) Where in respect of a licence to use and conduct a crematorium a certificate by the Chief Health Officer pursuant to section 4(3) of the Act is necessary before the licence is valid and effective, application for a certificate shall be made in writing by the licensee named in the licence, in accordance with Schedule 1 Form 4, and shall be accompanied by the inspection and certificate fee prescribed in Schedule 2 item 2.\n\n(2) Upon receipt of an application under this regulation together with the prescribed fees, the Chief Health Officer shall cause an inspection to be made of the premises and apparatus referred to in the licence in order to satisfy himself that the certificate applied for may be properly given.\n\n(3) If after such inspection the Chief Health Officer is not satisfied that a certificate can properly be given he shall refuse to give the certificate, and shall refund the fee to the licensee.\n\n[Regulation 6 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249; 2 Jul 2019 p. 2646 and 2647.]\n\n##### 7. Form of certificate\n\nWhere the Chief Health Officer gives a certificate pursuant to an application made in accordance with regulation 6, the certificate shall be in accordance with Schedule 1 Form 5.\n\n[Regulation 7 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50; 2 Jul 2019 p. 2646.]\n\n## Part II — Maintenance and inspection of crematoria\n\n##### 8. Crematoria to be maintained\n\nEvery crematorium and the fittings, works and apparatus used in connection therewith shall at all times be —\n\n(a) maintained in good condition, repair and working order;\n\n(b) kept in a clean, sanitary and orderly condition;\n\n(c) provided with a number of attendants sufficient for the compliance with the requirements of paragraphs (a) and (b) to the satisfaction of the Chief Health Officer.\n\n[Regulation 8 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]\n\n##### 9. Inspection\n\n(1) The licensee of every crematorium shall at any time and from time to time permit the crematorium and the register to be inspected by the Chief Health Officer or any persons authorised in writing by him, or any Inspector of Police.\n\n(2) Any person authorised by the Chief Health Officer and any Inspector of Police who makes an inspection of a crematorium shall forthwith report to the Chief Health Officer any breach of these regulations which is observed by him.\n\n[Regulation 9 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]\n\n##### 10. Notice requiring work to be carried out\n\nOn receipt of a report that these regulations are not being complied with at any crematorium, the Chief Health Officer may give written notice thereof to the licensee of the crematorium. The notice may specify the works to be carried out and fix a time within which the works shall be completed. The licensee shall comply with any such notice.\n\n[Regulation 10 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]\n\n## Part III — Application for permit to cremate\n\n##### 11. Form of permit application\n\nEvery application for a permit to cremate shall be made in accordance with Schedule 1 Form 6.\n\n[Regulation 11 amended: Gazette 2 Jul 2019 p. 2646.]\n\n##### 12. Other requirements for permit\n\nEvery application to cremate made in accordance with regulation 11 shall be accompanied by the fee prescribed in Schedule 2 item 3 and a certificate in accordance with —\n\n(a) Schedule 1 Form 7, completed by a medical practitioner; or\n\n(b) Schedule 1 Form 8, completed by the Coroner; or\n\n(c) the *Coroners Regulations 1997* Schedule 1 Form 4, completed by the Coroner.\n\n[Regulation 12 inserted: Gazette 29 Jun 2012 p. 2944-5; amended: Gazette 2 Jul 2019 p. 2646 and 2647.]\n\n## Part IV — The medical referee\n\n##### 13. Referee to be medical practitioner\n\nNo medical practitioner shall be appointed as a medical referee unless he has engaged in the practice of medicine for not less than 5 years.\n\n##### 14. Conditions for medical referee\n\nIn performing his duties, the medical referee shall comply with the following conditions: —\n\n(1) Before permitting any cremation he shall ensure that all documents are completed in accordance with the provisions of the Act and that there is nothing in the Act to debar him from issuing a permit, and in particular is satisfied that all of the requirements of sections 8, 8A and 8B of the Act have been complied with.\n\n(2) A medical referee shall provide reasonable facilities, for persons wishing to make application to cremate, between the hours of 9 a.m. and 5 p.m. Mondays to Fridays, inclusive, and between the hours of 9 a.m. and noon on Saturdays, unless prevented by urgent circumstances. He shall, when available, deal with any urgent application at other times, in which case he shall be entitled to receive the higher prescribed fee.\n\n(3) Forthwith after issuing a permit to cremate, the medical referee shall forward a copy of the permit marked with the permit number and date to the Chief Health Officer.\n\n(4) If the medical referee refuses to give a permit to cremate he shall give notice of his decision to the applicant and shall advise him of his right to apply to the State Administrative Tribunal for a review of the decision. He need not advise the applicant of his reasons for refusing to give the permit, but shall forthwith notify the Chief Health Officer of his decision, and the reasons therefor.\n\n(5) Every permit to cremate shall be in accordance with Schedule 1 Form 9.\n\n(6) In the case of the body of a person who has died in Australia but in any place outside the State of Western Australia, the medical referee may accept, in lieu of the forms prescribed, documents which substantially contain the information required to be supplied, and signed by persons having the status of medical practitioner or coroner, as the case may be, in the place where the person died.\n\n(7) The medical referee shall carefully preserve all documents received by him in the discharge of his duties, and shall deliver to the Chief Health Officer once per year any documents over 2 years old.\n\n(8) If any medical referee is to be absent from his usual address for more than 24 hours at one time, he shall notify the Chief Health Officer of the fact.\n\n[Regulation 14 amended: Gazette 29 Jun 1984 p. 1781; 30 Dec 2004 p. 6933; 10 Jan 2017 p. 249‑50; 2 Jul 2019 p. 2646.]\n\n## Part V — Cremation elsewhere than in a crematorium\n\n##### 15. Cremation elsewhere for religious reasons\n\nIf application is made in accordance with Part III for the cremation of a deceased person of Asiatic race who belonged to a religious denomination, the tenets of which require the burning of the body elsewhere than in a crematorium, the medical referee may give his consent if the place at which the cremation is to take place, and the arrangements for the cremation are approved by the Chief Health Officer. Approval may be subject to such conditions as the Chief Health Officer deems necessary.\n\n[Regulation 15 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 247.]\n\n##### 16. Cremation in cemetery\n\nWhen such a cremation is carried out in a cemetery the person responsible for the arrangements shall comply with any directions, which may be given by the cemetery authority.\n\n##### 17. Permission required for cremation elsewhere\n\nNo cremation shall be permitted elsewhere than at a crematorium except where permission is granted under this Part or, unless the Chief Health Officer issues a direction pursuant to the powers vested in him under the *Health (Miscellaneous Provisions) Act 1911* or the *Public Health Act 2016*.\n\n[Regulation 17 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 247 and 249‑50; 19 Sep 2017 p. 4884.]\n\n## Part VI — Miscellaneous\n\n##### 18. Register of cremation to be kept\n\nEvery licensee of a crematorium shall keep a register of cremations in accordance with Schedule 1 Form 11, and shall enter therein all particulars for which the form provides. The entries shall be made in relation to every cremation carried out in the crematorium, and shall be made immediately after the cremation, except in the case of those entries referring to the disposal of ashes.\n\n[Regulation 18 amended: Gazette 2 Jul 2019 p. 2646.]\n\n##### 19. Inspection of register\n\nThe register of cremations shall be open to inspection by any person during ordinary business hours of the licensee, on payment of 10 cents.\n\n[Regulation 19 amended: Act No. 113 of 1965 s. 8(1).]\n\n##### 20. Notice of cremation to be given\n\nThe licensee of a crematorium shall, within 24 hours after a cremation is carried out, give notice thereof to the Chief Health Officer and the Registrar General, in accordance with Schedule 1 Form 12.\n\n[Regulation 20 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50; 2 Jul 2019 p. 2646.]\n\n##### 20A. Post mortem certificate\n\nA certificate of a medical practitioner who has conducted a post mortem examination may be in accordance with Schedule 1 Form 13.\n\n[Regulation 20A inserted: Gazette 17 Dec 1954 p. 2252; amended: Gazette 2 Jul 2019 p. 2646.]\n\nSchedule 1 — Forms\n\n[r. 4(1), 5, 6(1), 7, 11, 12(a) and (b), 14(5), 18, 20 and 20A]\n\n[Heading inserted: Gazette 2 Jul 2019 p. 2645.]\n\n**Form 1**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**APPLICATION FOR A LICENCE TO USE AND CONDUCT A CREMATORIUM**\n\nRegulation 4\n\nTo His Excellency the Governor of Western Australia:\n\n1. The trustees and the controlling authority of the ......................................... Cemetery, being a public cemetery appointed under the *Cemeteries Act 1897* 1 (or the ................................................. being an association incorporated under the *Associations Incorporation Act 1895* 2, established and constituted in connection with the cremation of dead human bodies, and holding a certificate under the hand of the Chief Health Officer that the association is an association to which the provisions of section 4 of the Act may reasonably be extended), hereby apply for a licence to use and conduct a crematorium under and in accordance with the provisions of the Act, at and in the cemetery at the site next mentioned.\n\n2. The buildings to be used as the crematorium have been erected upon (or will be erected upon) that portion of the area of the said cemetery which has been defined and set apart by the trustees of the cemetery as a site for the crematorium, namely: —\n\n.............................................................................................................................................\n\n.............................................................................................................................................\n\nand shown on the attached plan.\n\n3. This application is accompanied by the statutory declaration of ................ ..................................................................., of .................................................................., in the State of Western Australia, ............................................................... as required by section 4(2) of the Act, and by the sum of ...................................... the fee for the licence hereby applied for.\n\n4. The applicant undertakes that within one year from the date on which the licence is granted they (or it) will obtain the certificate of the Chief Health Officer required by section 4(3) of the Act.\n\nDated the ....................................... day of ..........................................................., 20.........\n\nFor and on behalf of the applicant,\n\n...................................................................\n\nChairman.\n\n[Form 1 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 247‑8.]\n\n**Form 2**\n\nWestern Australia\n\n*Cremation Act 1929*\n\nRegulation 5\n\n**LICENCE TO USE AND CONDUCT A SPECIFIED CREMATORIUM**\n\nWhereas by an application bearing the date ................................................, day of ..............................., 20........, .............................................................................................. ............................................................................................................................................. ............................................................................................................................................. being the trustees duly appointed under the provisions of the *Cemeteries Act 1897* 1, as the Trustees and controlling body of the ........................................................... Cemetery, a public cemetery duly proclaimed under the provisions of the *Cemeteries Act 1897* 1, applied to His Excellency the Governor in Council for a licence under the provisions of the *Cremation Act 1929*, to the trustees and controlling body of the said ........................ ................................... Cemetery, upon a site thereon, as defined in the said application, and whereas the applicants have satisfied His Excellency the Governor in accordance with the provisions of section 4 of the *Cremation Act 1929*, that the said trustees or controlling body of the said ..................................... Cemetery have sufficient authority to use the proposed site in the said cemetery for the purpose of a crematorium, that the crematorium not yet being established the Chief Health Officer has approved of the plans and specifications of the proposed building, fittings, works and apparatus to be built and used for the purposes of the said crematorium, and that in all other respects the requirements of section 4 of the *Cremation Act 1929*, have been duly complied with: Now, therefore, His Excellency the Governor, acting with the advice and consent of the Executive Council, and in exercise of the powers conferred by section 4 of the *Cremation Act 1929*, doth by these presents grant to the trustees and controlling body for the time being and from time to time of the ......................................... Cemetery, but subject as hereinafter provided, a licence to use and conduct a crematorium within the said ....................................... Cemetery, upon the site therein defined in the aforementioned application, to be established in accordance with the plans and specifications of the proposed building, fittings, works, and apparatus which have been approved by the Chief Health Officer as aforesaid: Provided that the licence hereby granted shall be held and the said crematorium shall be used and conducted under and subject to the provisions of the *Cremation Act 1929*, and that the licence hereby granted shall not have any validity or effect unless and until the Chief Health Officer shall certify within one year of the granting of this licence that the buildings, fittings, works, and apparatus have been erected and installed in accordance with the plans and specifications which have been approved by him as aforesaid and that the regulations have been complied with.\n\nDated at Perth in the State of Western Australia this .............................................. day of ...................................................., 20...........\n\nBy His Excellency’s Command,\n\n....................................................................\n\nMinister.\n\n[Form 2 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248.]\n\n**Form 3**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**LICENCE TO USE AND CONDUCT A SPECIFIED CREMATORIUM**\n\nRegulation 5\n\nWhereas by an application bearing the date ................................................. day of .................................................., 20..........., ........................................................................ ............................................................................................................................................. an association duly incorporated under the provisions of the *Associations Incorporation Act 1895* 2, for the purpose of conducting a crematorium holding a certificate under the hand of the Chief Health Officer that the association aforesaid is an association to which the provisions of section 4 may reasonably be extended, applied to His Excellency the Governor in Council for a licence under the provisions of the *Cremation Act 1929*, for the said association to use and conduct a crematorium within the boundaries of land, not being part of a public cemetery, being the whole (or portion) of ........................... lot/location .......................... comprised in Certificate of Title Volume ........................, folio .........................., held by the said association for the purpose aforesaid (or within the ............................ cemetery, a public cemetery duly proclaimed under the provisions of the *Cemeteries Act 1897* 1) upon a site thereon as defined in the said application; and whereas the said applicants have satisfied His Excellency the Governor, in accordance with section 4 of the *Cremation Act 1929*, that the association has sufficient authority to use the proposed site as aforesaid for the purpose of a crematorium, that the crematorium has not yet been established, the Chief Health Officer has approved of the plans and specifications of the proposed building, fittings, works and apparatus to be built and used for the purposes of crematorium, and that in all other respects the requirements of section 4 of the *Cremation Act 1929*, have been duly complied with: Now, therefore, His Excellency the Governor, in exercise of the powers conferred by section 4 of the *Cremation Act 1929*, doth by these presents grant to the said association, but subject as hereinafter provided, a licence to use and conduct a crematorium within the boundaries of the land (or cemetery) as aforesaid, upon the site therein as defined in the application, to be established in accordance with the plans and specifications of the proposed building fittings, works, and apparatus, which have been approved by the Chief Health Officer as aforesaid: Provided that the licence hereby granted shall be held and the crematorium shall be used and conducted under and subject to the provisions of the *Cremation Act 1929*, and that the licence hereby granted shall not have any validity or effect unless and until the Chief Health Officer shall certify, within one year of the date on which the licence is granted, that the necessary buildings, fittings, works and apparatus have been erected and installed in accordance with the plans and specifications which have been approved by him, and that the regulations have been complied with.\n\nDated at Perth in the State of Western Australia, this ............................................. day of ................................................... 20.............\n\nBy His Excellency’s Command.\n\n....................................................................\n\nMinister for Health.\n\n[Form 3 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248.]\n\n**Form 4**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**APPLICATION FOR CERTIFICATE OF CHIEF HEALTH OFFICER TO GIVE EFFECT TO A LICENCE GRANTED TO USE AND CONDUCT A CREMATORIUM**\n\nRegulation 6\n\nTo the Chief Health Officer.\n\nThe trustees and controlling authority of the ........................................... cemetery (or the .............................................) being the licensees named in the licence to use and conduct a crematorium on a site in the said cemetery, granted under the provisions of the *Cremation Act 1929*, to the licensee on ............................................ hereby apply for your certificate as required by section 4(3) of the Act, that the necessary buildings, fittings, works and apparatus for the said crematorium have been erected and installed in accordance with the approved plans and specifications and that the relative regulations have been complied with.\n\nThe sum of ........................................... being the prescribed fee accompanies this application.\n\nDated this ................................ day of .........................................., 20........\n\nFor and on behalf of the applicant.\n\n..............................................................\n\nChairman.\n\n[Form 4 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248.]\n\n**Form 5**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**CERTIFICATE OF THE CHIEF HEALTH OFFICER GIVING EFFECT TO A LICENCE TO USE AND CONDUCT A CREMATORIUM**\n\nRegulation 7\n\nWhereas a licence to use and conduct a crematorium upon a site defined and set aside for the purpose within the ........................................................ cemetery was on the ............................................... granted under the provisions of the *Cremation Act 1929*, to ......................................................................................................................................... and whereas it is provided that the licence shall not have any validity or effect unless and until the Chief Health Officer shall certify within one year from the granting of the licence that the necessary buildings, fittings, works and apparatus have been erected and installed in accordance with the approved plans and specifications, and that the relative regulations have been complied with: Now, therefore, I ..................................................................................... Chief Health Officer do hereby certify that the buildings, fittings, works and apparatus have been duly erected and installed, in accordance with the approved plans and specifications, at the site mentioned in the licence, and that the relative regulations have been complied with.\n\nDated the ................................ day of ..............................................., 20...............\n\n........................................................  \nChief Health Officer\n\n[Form 5 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248‑9.]\n\n**Form 6**\n\n- **Application for Permit to Cremate** *Cremation Act 1929*Form 6\n- **Applicant** Name\n- Address\n- **Deceased** Name\n- Address\n- Date of birth / / Male/Female/Unspecified\n- Marital status\n- Occupation\n- *(*“Nearest surviving relative” is explained at the end of this form.)* Nearest surviving relative* (if known) Name Relationship\n- Usual doctor Name Address\n- Doctor(s) who attended deceased during his or her last illness Name Address\n- **Instructions from deceased** Did the deceased leave any written directions about how his or her remains were to be dealt with? 🞏 No🞏 Yes. Give details\n- **Objections** Do you know of anyone who objects to the deceased’s remains being cremated? 🞏 No🞏 Yes. Give detail of that person: Name Relationship to deceased Address\n- **Coroner** Has the Coroner conducted an investigation or inquest into the deceased’s death?\n🞏 Yes 🞏 No 🞏 Unsure\n- **Applicant’s relationship to deceased***(*“Nearest surviving relative” is explained at the end of this form.)* 🞏 Administrator of the deceased🞏 Nearest surviving relative* of the deceased🞏 Other\n- **Details of death** Date / /20 Time a.m./p.m.\n- Place where deceased died🞏 Home Address 🞏 Hospital Address 🞏 Other Address\n- Do you know, or have reason to suspect, that the deceased’s death was directly or indirectly due to any of the following? (*tick if yes*)🞏 violence🞏 poison🞏 privation or neglect🞏 medical procedure🞏 drowning🞏 suffocation🞏 burns\n- Do you have any reason to suppose that an examination of the deceased’s remains may be desirable?🞏 No🞏 Yes. Give details\n- **Other applications** Have you, or anyone else that you know of, previously applied for a permit to cremate the deceased’s remains? 🞏 No🞏 Yes. Give details of previous application Made by Date _______/_______/20 _____ Medical Referee to whom it was made\n________________________________________\n- **Signature of applicant** SignatureDate / /20\n- **Statutory declaration***(This section not to be completed by administrator)* I, *[name, address and occupation of person making the declaration]*sincerely declare as follows — That I make this application instead of an administrator because *[give reasons]*This declaration is true and I know that it is an offence to make a declaration knowing that it is false in a material particular.This declaration is made under the *Oaths, Affidavits and Statutory Declarations Act 2005* at *[place]* on *[date]* by*[Signature of person making the declaration]* in the presence of*[Signature of witness authorised under the Oaths, Affidavits and Statutory Declarations Act 2005]**[Name of authorised witness and qualification as such a witness]*\n- **Medical referee** *(For office use only)* Permit No.\n- Date / /20\n- Medical Referee\n- Signature\n- Name\n- The **nearest surviving relative** of a deceased person, is the first person who is available from the following persons in the order of priority listed — (a) a person who, immediately before the death, was living as — (i) the spouse of the deceased; or (ii) a de facto partner of the deceased and who is at least 18 years of age;(b) a person who, immediately before the death, was the spouse of the deceased;(c) a son or daughter of the deceased who is at least 18 years of age;(d) a parent of the deceased;(e) a brother or sister of the deceased who is at least 18 years of age.\n\n\n[Form 6 inserted: Gazette 4 Apr 2008 p. 1300‑2; amended: Gazette 8 Feb 2013 p. 866; 9 Feb 2016 p. 371.]\n\n**Form 7**\n\n- **Certificate of Medical Practitioner** *Cremation Act 1929*Form 7\n- Certificate to be completed by doctor who attended deceased prior to death.Add additional pages if more space is required.Attach copies of all relevant laboratory reports, results, certificates etc.\n- **Deceased** Name\n- Address\n- Date of birth / / Age\n- Marital status Male/Female/Unspecified\n- Occupation\n- **Doctor** Name\n- Address\n- Are you a spouse, de facto partner or relative of the deceased? No Yes. Nature of relationship _________________________\n- As far as you are aware, do you have a pecuniary interest in the deceased’s estate or any other pecuniary interest in the deceased’s death? No Yes. Give details _________________________________\n- Were you the deceased’s usual doctor? No Yes\n- **Recent care of deceased** During the 4 weeks prior to death did the deceased receive medical or nursing care? No Yes. Where was the deceased cared for? Hospital _______________________________ Nursing home _______________________________ Home _______________________________ Other _______________________________If cared for at home or other place, who provided care? Professional health care providers Relatives, friends, others Give names and relationship to the deceased _________________________________________________ _________________________________________________\n- Did you attend the deceased during his or her last illness? No Yes Since what date? / /20\n- Did any other doctor(s) attend the deceased during his or her last illness? No Yes. Give names __________________________________\n- **Last illness** Brief clinical history of last illness including diagnoses and events leading to death._______________________________________________________________________________________________________________________________________________________________\n- **Details of death** Date / /20 Time a.m./p.m.\n- Place where the deceased died — Home Address ___________________________________________ Hospital ___________________________________________ Address ___________________________________________ Other _____________________________________________ Address ___________________________________________\n- Were you present when the deceased died? Yes No. When did you last see the deceased alive?Date / /20 Time a.m./p.m.\n- Did you examine the deceased’s body after death? No Yes. Give details _________________________________\n- Do you have any reason to suppose that a further examination of the deceased’s remains may be desirable? No Yes. Give details _________________________________\n- **Cause of death** Was a post mortem performed? No Yes. Give details of results _________________________ _________________________________________________\n- *(* If a Medical Certificate of Cause of Death is attached, answers are not required to these questions.)* *Did you sign the Medical Certificate of Cause of Death? Yes No. Name of the doctor who signed the certificate _________________________________________________\n- *Direct cause of death_____________________________________________________\n- *Antecedent causes of death (if any)_____________________________________________________\n- *Conditions contributing to or accelerating death (if any)_____________________________________________________\n- **Clinical observations** Do you know, or have reason to suspect, that the deceased’s death was directly or indirectly due to any of the following? (*tick or circle if yes*) violence poison privation or neglect medical procedure drowning suffocation burns\n- In view of the deceased’s lifestyle and health, do you have any doubts about the character of the deceased’s illness or cause of death? No Yes. Give details _________________________________\n- **Safety of cremation** At the time of death was the deceased fitted with a cardiac pacemaker, defibrillator or other battery operated implant or device? Yes No/unknown (If yes, has it been removed? Yes/No)\n- Had the deceased received any of the following radioactive treatments?*Palliation for bone metastases*● Strontium‑89 injection during the 12 months prior to death No Yes*● Radium-223 injection during the 2 months prior to death No Yes*● Samarium‑153 injection during the 3 weeks prior to death No Yes*● Rhenium‑188 injection during the week prior to death No Yes**Infusion for liver cancer or metastases*● Yttrium‑90 or Rhenium‑188 during the 2 weeks prior to death No Yes**Therapy for thyroid cancer, endocrine tumours, or non‑Hodgkin’s lymphoma*● Iodine‑131 (injection or oral) during the week prior to death No Yes*\n- *Radioactive implant (permanent) e.g. for prostate cancer*● Iodine‑125 seed implant during the 12 months prior to death No Yes** If yes — contact the Radiation Safety Officer/Physicist at the treating institution for provision of required information to the crematorium.\n- Are you aware of anything else that could render cremation unsafe? No Yes Give details __________________________________\n- **Certification of medical practitioner** **I certify that the information set out above is true and correct and that I have not omitted any relevant information.**\n- Signature\n- Date / /20\n\n\n[Form 7 inserted: Gazette 29 Jun 2012 p. 2945-9; amended: Gazette 25 Feb 2014 p. 497‑8; 21 Apr 2015 p. 1424; 9 Feb 2016 p. 371; 7 Mar 2017 p. 1525.]\n\n**Form 8**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**CORONER’S CERTIFICATE**\n\nI am informed that application is to be made for a permit to cremate in regard to the deceased person whose particulars are set out hereunder: —\n\nName of deceased .............................................. Age ............... Sex ...................... Date of death ..................................Place of death .............................................................\n\nIt has been reported that the cause of death was (primary) ..................................... ............................................................................................................................................. (secondary) .........................................................................................................................\n\nI certify that in my opinion the cause of death was as stated. I consider that no circumstance exists which can render necessary any further examination of the body, and that there is no reason why the body should not be cremated.\n\nDated at ...................................... this .......................... day of ................. 20..........\n\n....................................................................\n\nCoroner.\n\n**Form 9**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**PERMIT TO CREMATE**\n\nNo .................................\n\nI, ............................................................................................................., a medical referee appointed under section 8 of the *Cremation Act 1929*, acting pursuant to the powers and duties vested in me under the said Act and having received an application from .............................................., of ........................................., for a permit to cremate the remains of: —\n\nName of deceased ..................................................................................................., late of .................................................................................................................. (address in full), who died at .................................................................................................(place of death) on ................................................................. (date of death), hereby permit and authorise the cremation at any duly licensed crematorium in the State of Western Australia.\n\nThis permit shall not be valid until 24 hours have elapsed from the time of death of the deceased person to whom the permit refers.\n\nDated this ....................................... day of .............................................., 20.........\n\n....................................................................\n\nMedical Referee.\n\n**Form 10**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**NOTICE OF REFUSAL OF APPLICATION TO CREMATE**\n\nTo .............................................................., of ...................................................................\n\nI hereby give you notice that the application made by you for a permit to cremate the remains of .................................................................................... (name of deceased), late of .............................................................................................. (address), who died at .................................................................................................................. (place of death) on ............................................................................................. (date of death) is refused.\n\nThis refusal has been made known to the Chief Health Officer, together with the reasons therefor. You may apply to the State Administrative Tribunal for a review of the decision.\n\n....................................................................\n\nMedical Referee.\n\n[Form 10 amended: Gazette 29 Jun 1984 p. 1781; 30 Dec 2004 p. 6933; 10 Jan 2017 p. 249.]\n\n**Form 11**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**REGISTER OF CREMATIONS**\n\n- No. Name of\nPersonCremated 1. Age2. Sex 1. Place oflast abode2. Placewhere deathoccurred3. Datewhen deathoccurred Date\nCremated Permit No. Name ofMinister orotherpersonofficiatingatceremony Under‑taker’sName Method of Disposal ofAshes 1. If givento relatives,to whomgiven2. Date\n- 1. Colum‑barium2. NicheNo. ScatteredGardenplot,interred,etc.\n\n\n**Form 12**\n\nWestern Australia\n\n*Cremation Act 1929*\n\n**CERTIFICATE OF CREMATION**\n\nRegulation 20\n\nTo the Chief Health Officer and the Registrar General:\n\nI, ............................................... (name), of ............................................ (address), in the State of Western Australia, being the .......................................... (title of position) ........................................................... (licensee), the licensee of the .................................. Crematorium, ............................... (place) do hereby certify that the body of ................... (name of person cremated), late of ..................................................................................... (address of person cremated), who died on ............................................... (date of death) was, in pursuance of Permit No. .................................................... issued by ................... (medical referee) to ............................................................... (name of permit holder), of .......................................................................................... (address of permit holder) duly cremated in the said crematorium on the ................................................................. (date) under and in accordance with the provisions of the *Cremation Act 1929*.\n\n....................................................................\n\nSignature.\n\nDate ................................................\n\n[Form 12 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249.]\n\n**Form 13**\n\n**CERTIFICATE OF MEDICAL PRACTITIONER WHO HAS CONDUCTED A POST MORTEM EXAMINATION**\n\n(Regulation 20A)\n\nI, ................................................................................................. legally qualified medical practitioner, being informed that application is about to be made for a permit to cremate the body of (name) .................................................................................................., late of (address) ............................................................................................................................., (occupation) ..................................................................................... hereby certify that on (date) ..............................................., at (place) ................................................................., I made a post mortem examination of all the vital organs of the deceased, and I am of the opinion as a result of such examination that the death of the deceased resulted from natural causes, as follows: —\n\n.............................................................................................................................................\n\n.............................................................................................................................................\n\n.............................................................................................................................................\n\n.............................................................................................................................................\n\nSignature ...................................................\n\nAddress .....................................................\n\nQualifications ............................................\n\nDate ................................................\n\nNo person who knows that under the terms of any policy of life assurance, will, settlement, or statute or otherwise howsoever he is entitled or will become entitled by reason or in consequence of the death of another person to any real or personal property shall give or sign any certificate concerning the death of such other person for any of the purposes of this Act.\n\n[Form 13 inserted: Gazette 17 Dec 1954 p. 2252.]\n\nSchedule 2 — Fees\n\n[r. 4(1), 6(1) and 12]\n\n[Heading inserted: Gazette 2 Jul 2019 p. 2645.]\n\n| 1. | For a licence to use and conduct a crematorium | $15.00 |\n| --- | --- | --- |\n| 2. | For a certificate of the Chief Health Officer to validate and give effect to a licence (including inspections) | $5.00 |\n| 3. | For a permit to cremate — |  |\n|  | (a) given between 9 am and 5 pm Monday to Friday, or between 9 am and noon Saturday, excluding public holidays | $85.80 |\n|  | (b) given at any other time | $140.80 |\n\n\n[Schedule 2 inserted: Gazette 2 Jul 2019 p. 2645‑6; amended: SL 2021/46 r. 4; SL 2023/68 r. 4; SL 2024/92 r. 4; SL 2025/81 r. 4.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Cremation Regulations 1954* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Cremation Regulations 1954* | 20 Aug 1954 p. 1441‑9 | 6 Sep 1954 (see r. 2) |\n| *Untitled regulations* | 17 Dec 1954 p. 2252 | 17 Dec 1954 |\n| **Reprint of the *Cremation Regulations 1954* in *Gazette* 15 Sep 1959 p. 2339-50**   (includes amendments listed above) | | |\n| *Decimal Currency Act 1965* assented to  21 Dec 1965 | | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));   s. 4‑9: 14 Feb 1966 (see s. 2(2)) |\n| *Untitled regulations* | 16 Nov 1973 p. 4220 | 16 Nov 1973 |\n| *Untitled regulations* | 28 May 1976 p. 1579 | 28 May 1976 |\n| *Untitled regulations* | 24 Feb 1978 p. 560‑1 | 24 Feb 1978 |\n| *Health Legislation Amendment Regulations 1984* r. 4 | 29 Jun 1984 p. 1780‑4 | 1 Jul 1984 (see r. 2) |\n| *Cremation Amendment Regulations 1984* 3 | 28 Dec 1984 p. 4206 | 28 Dec 1984 |\n| *Cremation Amendment Regulations 1994* | 27 May 1994 p. 2209 | 27 May 1994 |\n| *Cremation Amendment Regulations 1996* | 2 Apr 1996 p. 1579‑80 | 2 Apr 1996 |\n| *Miscellaneous Amendments Regulations 1997* r. 2 | 6 Jan 1998   p. 33 | 6 Jan 1998 |\n| *Cremation Amendment Regulations 2000* | 30 Jun 2000 p. 3406 | 1 Jul 2000 (see r. 2) |\n| **Reprint of the *Cremation Regulations 1954* as at 1 Dec 2000** (includes amendments listed above) | | |\n| *Cremation Amendment Regulations 2002* | 24 Sep 2002 p. 4766‑8 | 24 Sep 2002 4 |\n| *Cremation Amendment Regulations 2004* | 30 Dec 2004 p. 6933 | 1 Jan 2005 (see r. 2 and *Gazette* 31 Dec 2004 p. 7130) |\n| *Cremation Amendment Regulations 2008* | 4 Apr 2008 p. 1299‑304 | 1 Jul 2008 (see r. 2) |\n| **Reprint 3: The *Cremation Regulations 1954* as at 1 Aug 2008** (includes amendments listed above) | | |\n| *Cremation Amendment Regulations 2010* | 13 Apr 2010 p. 1373 | r. 1 and 2: 13 Apr 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 25 May 2010 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2012* | 29 Jun 2012 p. 2944-9 | r. 1 and 2: 29 Jun 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Jun 2012 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2013* | 8 Feb 2013 p. 865‑6 | r. 1 and 2: 8 Feb 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Feb 2013 (see r. 2(b)) |\n| *Cremation Amendment Regulations (No. 2) 2013* | 9 Apr 2013 p. 1521 | r. 1 and 2: 9 Apr 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Apr 2013 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2014* | 25 Feb 2014 p. 497‑8 | r. 1 and 2: 25 Feb 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 26 Feb 2014 (see r. 2(b)) |\n| **Reprint 4: The *Cremation Regulations 1954* as at 5 Dec 2014** (includes amendments listed above) | | |\n| *Cremation Amendment Regulations 2015* | 21 Apr 2015 p. 1424 | r. 1 and 2: 21 Apr 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 22 Apr 2015 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2016* | 9 Feb 2016 p. 371‑2 | r. 1 and 2: 9 Feb 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Feb 2016 (see r. 2(b)) |\n| *Health Regulations Amendment (Public Health) Regulations 2016* Pt.3 | 10 Jan 2017 p. 237‑308 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Cremation Amendment Regulations 2017* | 7 Mar 2017 p. 1525‑6 | r. 1 and 2: 7 Mar 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 8 Mar 2017 (see r. 2(b)) |\n| *Health Regulations Amendment (Public Health Consequential Amendments) Regulations 2017* Pt. 3 | 19 Sep 2017 p. 4883‑5 | 20 Sep 2017 (see r. 2(b) and *Gazette* 19 Sep 2017 p. 4880) |\n| *Cremation Amendment Regulations 2018* | 6 Apr 2018 p. 1211‑12 | r. 1 and 2: 6 Apr 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 7 Apr 2018 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2019* | 2 Jul 2019 p. 2645‑7 | r. 1 and 2: 2 Jul 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Jul 2019 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2021* | SL 2021/46 7 May 2021 | r. 1 and 2: 7 May 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 8 May 2021 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2023* | SL 2023/68 16 Jun 2023 | r. 1 and 2: 16 Jun 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 17 Jun 2023 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2024* | SL 2024/92 12 Jun 2024 | r. 1 and 2: 12 Jun 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 13 Jun 2024 (see r. 2(b)) |\n| *Cremation Amendment Regulations 2025* | SL 2025/81 28 May 2025 | r. 1 and 2: 28 May 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2025 (see r. 2(b)) |\n\n\nOther notes\n\n1 Repealed by the *Cemeteries Act 1986*.\n\n2 Repealed by the *Associations Incorporation Act 1987*.\n\n3 The *Miscellaneous Regulations (Validation) Act 1985* applied to these regulations. It deems the regulations not to have ceased to have effect as a result of the failure to comply with section 42(1) of the *Interpretation Act 1984*, subject to their being laid before the Legislative Assembly. The *Interpretation Act 1984* s. 42(2) then applied as if the words “or if any regulations are not laid before both Houses of Parliament in accordance with subsection (1)” had been omitted.\n\n4 The commencement date referred to in r. 2 was before the date of gazettal.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nnearest surviving relative 3\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The URL provided returned an error page indicating the content has moved or been removed during a website upgrade."},"complexity_factors":["No legislative text was retrievable — the page returned a 404-style error message rather than actual legislation","Complexity cannot be meaningfully assessed without content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Cremation Regulations 1954* (Western Australia) is no longer available at the requested URL. The Western Australian legislation website has undergone system upgrades that have changed some page links, meaning the actual text of these regulations could not be analysed.\n\n**What we do know from the title alone:**\nThe *Cremation Regulations 1954* are subordinate legislation (rules made under a parent Act) from Western Australia that would govern the process of cremating human remains — including things like who can authorise a cremation, required paperwork, and how crematoriums must operate. They would primarily affect funeral directors, crematorium operators, medical practitioners, and families of deceased persons.\n\n**To find the current version**, visit the Western Australian legislation website (legislation.wa.gov.au) and search directly for 'Cremation Regulations 1954' using the search function."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally focused on basic licencing and paperwork for crematoria (1954), the regulations have expanded significantly into public health and safety regulation. Major scope creep includes: detailed radiation safety protocols for cancer treatments (added 2012-2017), de facto relationship recognition (2002), State Administrative Tribunal review rights (2004), and complex medical certification requirements that effectively create a secondary death investigation regime. The 'Asiatic race' religious exemption (Part V) reflects outdated racial classifications from the 1950s that would likely be unconstitutional if introduced today, though preserved as a historical provision."},"complexity_factors":["Multiple cross-references to the parent Cremation Act 1929 and other legislation (Coroners Regulations 1997, Health Acts)","13 detailed statutory forms in Schedule 1 with specific completion requirements","Hierarchical priority rules for 'nearest surviving relative' with nested conditions (de facto partners must be over 18)","Dual pathways for permits: standard medical certificate vs coronial certificate","Time-based fee differentiation (business hours vs after-hours)","Conditional validity periods (licences require Chief Health Officer certificate within 1 year)","Specific technical safety requirements regarding radioactive implants and medical devices","Historical layering: original 1954 text with amendments spanning 70+ years (2002, 2012, 2017, 2019, etc.) creating inconsistent drafting styles"],"plain_english_summary":"This is Western Australia's rulebook for cremating human remains. It sets out who can build and run a crematorium, how to get permission to cremate someone, and the paperwork required.\n\n**Who it affects:**\n- **Families** arranging funerals – they need a permit to cremate a loved one\n- **Cemetery trusts and funeral associations** – they need a government licence to operate a crematorium\n- **Doctors** – they certify causes of death and act as 'medical referees' who approve cremation permits\n- **The Chief Health Officer** – they inspect facilities and sign off on licences\n\n**What it does:**\n- **Licencing:** Anyone wanting to build or run a crematorium must apply to the Governor (via the Chief Health Officer), pay a fee ($15), and pass health inspections. The licence only becomes valid once the Chief Health Officer certifies the building meets standards.\n- **Permits to cremate:** Before a body can be cremated, a 'medical referee' (a doctor with 5+ years experience) must issue a permit. The family must fill out detailed forms (Form 6) and provide a medical certificate (Form 7) or coroner's certificate (Form 8). There's a 24-hour cooling-off period between death and cremation.\n- **Safety checks:** Doctors must check for things that could make cremation dangerous – like heart pacemakers, radioactive implants from cancer treatment, or suspicious circumstances (violence, poisoning, drowning). If the death looks suspicious, the Coroner gets involved.\n- **Record keeping:** Every cremation must be recorded in a register, and notices sent to the Chief Health Officer and Registrar General within 24 hours.\n- **Religious exceptions:** People of 'Asiatic race' whose religion requires burning bodies outside a crematorium (like traditional Hindu or Sikh funeral pyres) can get special permission, subject to health officer approval.\n- **Fees:** It costs $85.80 for a standard cremation permit during business hours, or $140.80 for urgent after-hours approvals.\n\n**Why it matters:**\nThese rules prevent murders being hidden by cremation, ensure bodies aren't cremated against family wishes, protect crematorium workers from radiation hazards, and maintain proper records for genealogy and legal purposes. The 'nearest surviving relative' rules (spouse/de facto partner first, then children over 18, then parents, then siblings) prevent family disputes about funeral arrangements."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on the original statutory purpose: governing the licensing and conduct of crematoria, the permit process to cremate, public health safeguards, record‑keeping and inspection. Over time they have accumulated administrative detail — modernised forms, added safety questions (e.g. about pacemakers and radioactive treatment), and updated fees and procedural requirements — but these amendments refine implementation rather than expand the subject‑matter beyond the Act’s original remit. The principal scope (who must be licensed, who may grant permits, health and record obligations, and limited exceptions for cremation outside crematoria) is unchanged."},"complexity_factors":["13 statutory forms set out in Schedule 1 (Forms 1–13) requiring different parties to complete parts","Single defined term of substance: \"nearest surviving relative\" with ordered priorities (reg 3)","Multiple cross‑references to the Cremation Act 1929, Health (Miscellaneous Provisions) Act 1911, Public Health Act 2016 and Coroners Regulations (scattered cross‑references in regs 4, 6, 12, 15, 17)","Conditional pathways for permits (medical practitioner certificate, coroner certificate, or post‑mortem certificate) (reg 12; Forms 7–8; reg 20A)","Administrative discretion concentrated in the Chief Health Officer (inspections, approvals, conditions, certificates) (regs 4(2), 6(2), 9–10, 15–17)","Tiered fees including time‑of‑day differential for permit decisions (Schedule 2 item 3)","Record‑keeping and retention obligations for medical referees and licensees, plus public inspection with a fee (regs 14(7), 18–19)","Procedural conditions on medical referees (minimum 5 years’ practice) and duties (reg 13–14)","Historic and potentially ambiguous wording retained (e.g. reference to \"Asiatic race\" in reg 15) that may require interpretation in modern contexts","Multiple amendment notes and a long compilation history — implies the regulation has been incrementally updated rather than rewritten (Compilation table)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets out the detailed administrative rules and forms for operating crematoria and for obtaining permits to cremate under the Cremation Act 1929 (licences, certificates, permits, registers, and fees) (regs 4–7; Part III; Schedules 1–2).\n- Requires crematoria to be kept in good repair, clean and staffed with sufficient attendants; and allows inspection by the Chief Health Officer (CHO) or authorised persons and police (regs 8–10).\n- Prescribes who may apply for a permit to cremate, the paperwork required (medical certificate, coroner’s certificate or post‑mortem certificate), the waiting period and the specific forms to be used (Part III; Forms 6–9, 12, 13; regs 11–12; reg 20; reg 20A).\n- Specifies the qualifications, duties and record‑keeping obligations of the medical referee who issues cremation permits (regs 13–14; Forms 9–10).\n- Allows cremation outside a licensed crematorium only in narrowly defined circumstances (religious reasons subject to CHO approval) or by CHO direction under public health law (regs 15–17).\n- Requires licensees to keep a register of cremations and make it available for inspection (regs 18–19; Form 11), and to notify the CHO and Registrar General within 24 hours after a cremation (reg 20; Form 12).\n- Sets the fees for licences, certificates and permits, including a higher fee for after‑hours permit decisions (Schedule 2).\n\n**Who it affects**\n\n- Operators/licensees of crematoria and trustees/associations that apply for licences (regs 4–7, Forms 1–3).\n- Medical practitioners who act as medical referees or who complete medical certificates required for permits (regs 12, 13–14; Forms 7 and 13).\n- Applicants for cremation permits — typically the nearest surviving relative or an administrator (reg 3 definition; Form 6).\n- The Chief Health Officer, who inspects, approves plans, issues compliance certificates and may impose conditions or direct cremation arrangements (regs 4(2), 6, 7, 9–10, 15–17, 20).\n- Coroners and the State Administrative Tribunal (coroner certificates can substitute for medical certificates; refusals can be reviewed by the Tribunal) (reg 12; Form 8; reg 14(4)).\n- Cemetery authorities when cremations occur on cemetery land (reg 16).\n\n**Why it matters (policy purpose claimed and operational test)**\n\n- The regulations are framed to protect public health and safety, ensure proper record‑keeping and provide a clear administrative pathway for lawful cremation (see regs 8–10, 18–20, Part III, Part IV).  \n\nTesting that purpose against costs, incentives and trade‑offs:  \n- Who pays: applicants and licensees pay modest statutory fees (Schedule 2) — a $15 licence fee and small certificate fee, with permit fees materially larger ($85.80 normal hours; $140.80 after hours). These are direct costs borne by families or permit applicants and by organisations seeking licences.  \n- Bureaucratic discretion: the CHO has broad powers (inspection, approval of plans and sites, imposing conditions, authorising cremation outside crematoria) which centralises decision‑making and can affect timeliness and outcome (regs 4(2), 6(2), 9–10, 15–17).  \n- Administrative burden: operators must maintain records, permit inspections, respond to repair notices, and submit to annual or other compliance checks (regs 8–10, 14(7), 18–20). Medical referees must keep documents and forward copies to the CHO (reg 14(3), (7)). These are recurring compliance costs.  \n- Effects on private choice and substitution: the rules restrict where cremation can lawfully occur (reg 17). That channels most cremations into licensed facilities and makes exceptions only by CHO approval or for approved religious reasons (reg 15). Families seeking alternative arrangements must obtain explicit permission.  \n- Implementation risks: approvals and inspections create potential delay points (application processing, CHO inspections for certificates) which can affect timing for grieving families; the medical referee’s refusal process involves notification and potential tribunal review (reg 14(4)), introducing procedural complexity.\n- Targeting of rules: benefits (legal authorisation to operate) are concentrated for licensees who meet requirements; costs (time, paperwork, permit fees) are spread across applicants, medical practitioners and licensees.\n\n**Notable procedural and content features to watch**\n\n- A defined priority list for the person entitled to apply (nearest surviving relative) is set out and includes de facto partners, adult children and siblings in a specified order (reg 3; Form 6).  \n- The medical certificate form includes specific questions about safety issues for cremation (pacemakers, radioactive treatments), reflecting practical safety regulation (Form 7).  \n- Regulation 15 refers to cremation for \"a deceased person of Asiatic race\" for certain religious tenets; this is a historical formulation retained in the regulation text and operates as an express ground for a conditional exception (reg 15).\n- Fees include a time‑of‑day premium for permit decisions given outside normal business hours (Schedule 2 item 3).\n\n**Key behaviour changes imposed**\n\n- Operators must obtain and validate licences and CHO compliance certificates before operating (regs 4–7).  \n- Applicants must supply specific medical or coroner documentation before cremation is permitted (reg 12; Forms 7–8).  \n- Medical referees must follow procedural steps (office hours, forwarding permits to CHO, record‑keeping, notifying refusals) (reg 14).  \n- Licensees must maintain registers and notify authorities after each cremation (regs 18, 20)."}},"importantCases":[],"_links":{"self":"/api/acts/cremation-regulations-1954","history":"/api/acts/cremation-regulations-1954/history","analysis":"/api/acts/cremation-regulations-1954/analysis","conflicts":"/api/acts/cremation-regulations-1954/conflicts","importantCases":"/api/acts/cremation-regulations-1954/important-cases","documents":"/api/acts/cremation-regulations-1954/documents"}}