5Disturbing remains of a deceased person

5 Disturbing remains of a deceased person

5 Disturbing remains of a deceased person

(1) To ascertain whether any cultural or religious practices apply to the remains of a deceased person for the Act, section 46(3), a cemetery operator must—

(a) inspect the cemetery operator’s register to determine whether the register records any information about cultural or religious practices that apply to the remains, and

(b) if the register does not record any information about cultural or religious practices that apply to the remains—make enquiries with the deceased’s next-of-kin, and

(c) if the information is not reasonably ascertainable from the deceased’s next-of-kin—make enquiries with a cultural or religious leader in the community who is relevant to the remains, if any, including by reference to the part of the cemetery in which the interment site is located, and

Note—

Information to help identify relevant cultural or spiritual leaders for various cultural or religious groups is available on the web page relating to Cemeteries and Crematoria NSW on the Department of Industry website.

(d) if the information is not reasonably ascertainable from the cultural or religious leader—take any other steps the cemetery operator considers reasonable in the circumstances to ascertain whether any cultural or religious practices apply to the remains.

Note—

Section 15(b) requires the steps taken to ascertain information, and the information ascertained, under this section to be recorded in the cemetery operator’s register.

(2) A cemetery operator must make all reasonable efforts, including taking all the time that is reasonably necessary, in making enquiries under subsection (1).