138Application for disposal approval

138 Application for disposal approval (1) The manager of a facility may approve the disposal of human remains of a deceased person at the facility (a disposal approval). (2) A person may apply to the manager of a facility for a disposal approval by submitting the following: (a) the following details regarding the applicant: (i) full name, address and contact details; (ii) relationship to the deceased person; (b) a disposal approval form; (c) confirmation of the notification of, or confirmation of reasonable attempts to notify the decision maker for the (d) any objections, known to the applicant, from the decision maker for the deceased person; (e) the documents specified in subsection (3). (3) An application under subsection (2) must include: (a) each of the following: (ii) a certificate signed by 2 medical practitioners stating that the death is not a reportable death under section 12 of the Coroners Act 1993; or

Burial and Cremation Act 2022 77 (b) each of the following: (i) a certificate under section 12(3) of the Births, Deaths (ii) a certificate signed by 2 medical practitioners stating that the death is not a reportable death under section 12 of the Coroners Act 1993; or (c) a certificate issued by the coroner or the coroner's clerk under section 17(1) of the Coroners Act 1993; or (d) a certificate issued by the Registrar under Registration Act 1996 certifying the registration of the death of Sections 185 and 186 include other provisions relevant to an approval. (4) Despite subsection (2), the manager of a facility may not apply for an approval under subsection (2) to dispose of human remains in that facility. (5) The manager may request a document mentioned in subsection (3)(a) from a provider if the document is not submitted under subsection (2). (6) If the manager requests a document under subsection (5), the provider must provide a copy of the document to the manager unless the provider does not have access to the document. (7) If the manager of a facility knows there is an objection from the decision maker for the deceased person under subsection (2)(d) or section 144(1), the manager of the facility must not approve the disposal of the human remains of the deceased person unless the decision maker withdraws, in writing, the decision maker's objection. (8) The manager of a facility may: (a) give a disposal approval; or (b) refuse to give a disposal approval.

Burial and Cremation Act 2022 78 (9) If the manager of a facility refuses to give a disposal approval, the manager must give the applicant a decision notice. Note for subsection (9)