84CVariation or forced surrender of right of interment where indictable offence or coronial finding of responsibility

84C Variation or forced surrender of right of interment where indictable offence or coronial finding of responsibility

(1) This section applies if an application has been made under section 84B(1) for—

(a) the variation of a right of interment held by another person; or

(b) the forced surrender of a right of interment held by another person to the cemetery trust that granted it.

(2) The Secretary may decide to vary the holder's right of interment, or force the surrender of the holder's right of interment to the cemetery trust that granted it, if—

(a) the holder is a relevant offender or a relative or associate of a relevant offender (whether the relevant offender is alive or deceased); and

(b) the Secretary is satisfied, having regard to the matters specified in sections 84D(2) and (4), that—

(i) due to the commission of the indictable offence of which the relevant offender has been convicted, the exercise of the right of interment by the holder would cause significant harm, pain or suffering to an affected person; and

(ii) it is appropriate to vary or force the surrender of the holder's right of interment.

(3) The Secretary may decide to vary the holder's right of interment, or force the surrender of the holder's right of interment to the cemetery trust that granted it, if—

(a) the holder is a relative or associate of a responsible person in relation to another person's death; and

(b) the Secretary is satisfied, having regard to the matters specified in 84D(3) and (4), that—

(i) due to the responsible person's role in the other person's death, the exercise of the right of interment by the holder would cause significant harm, pain or suffering to an affected person; and

(ii) the Secretary is satisfied it is appropriate to vary or force the surrender of the holder's right of interment.

Section 84 deals with the effect of the decision if the person is not the sole holder.

(4) The Secretary may decide to force the surrender of a right of interment under subsection (2) or (3) only if the Secretary is satisfied that it would not be possible to vary the right of interment in a way that would adequately prevent that further significant harm, pain or suffering to an affected person.

(5) The Secretary may decide to force the surrender of a right of interment under this subsection, without being satisfied as mentioned in subsection (2)(b) or (3)(b), if—

(a) the Secretary previously varied the right of interment under subsection (2) or (3); and

(b) after giving the holder of the right of interment a reasonable opportunity to comment, the Secretary is satisfied that the holder of the right of interment has failed to comply with the right of interment as varied, including by contravening a condition.