84DMatters to which Secretary must have regard

84D Matters to which Secretary must have regard

(1) This section specifies the matters to which the Secretary must have regard for the purposes of being satisfied as mentioned in sections 84C(2)(b) or (3)(b), as the case requires.

(2) If the holder of the right of interment concerned is a relevant offender, or a relative or associate of a relevant offender, the Secretary must have regard to the following matters—

(a) the nature, level and seriousness of the indictable offence of which the relevant offender was convicted;

(b) the opinion of any affected person of whom the Secretary is aware;

(c) the opinion of the relevant offender and, if the holder of the right of interment is a relative or associate of the relevant offender, the opinion of the relative or associate;

(d) the detriment that may be caused to the relevant offender and, if the holder of the right of interment is a relative or associate of the relevant offender, to the relative or associate, including any mitigating circumstances;

(e) the matters set out in subsection (4).

(3) If the holder of the right of interment concerned is a relative or associate of a responsible person in relation to the death of another person, the Secretary must have regard to the following—

(a) the coroner's findings as to the circumstances of the death of the other person and the nature of the responsible person's responsibility for the death of the other person;

(b) the opinion of any affected person of whom the Secretary is aware;

(c) the opinion of the relative or associate;

(d) the detriment that may be caused to the relative or associate, including any mitigating circumstances;

(e) the matters set out in subsection (4).

(4) In all cases the Secretary must have regard to the following—

(a) the proximity of plots;

(b) whether or not human remains have already been interred;

(c) the availability of alternative arrangements for the relevant offender, responsible person or relative or associate of the relevant offender or responsible person, as the case requires;

(d) prescribed matters, if any;

(e) any other matters that the Secretary considers are relevant.

S. 84E inserted by No. 16/2021 s. 5.