nearest 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 —
(a) a person who, immediately before the death, was living as —
(i) the spouse of the person; or
(ii) a de facto partner of the person, and who is of or over the age of 18 years;
(b) a person who, immediately before the death, was the spouse of the person;
(c) a son or daughter, who is of or over the age of 18 years, of the person;
(d) a parent of the person;
(e) a brother or sister, who is of or over the age of 18 years, of the person.
[Regulation 3 inserted: Gazette 24 Sep 2002 p. 4767.]
Part I — Application for licence to use and conduct a crematorium
4. Application for licence
(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.
(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.
(3) If the licence is not granted the fee shall be returned to the applicant.
[Regulation 4 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249; 2 Jul 2019 p. 2646 and 2647.]
5. Form of licence
Every licence granted shall be in accordance with Schedule 1 Form 2 or Form 3 as the case may require.
[Regulation 5 amended: Gazette 2 Jul 2019 p. 2646.]
6. Compliance certificate
(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.
(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.
(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.
[Regulation 6 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249; 2 Jul 2019 p. 2646 and 2647.]
7. Form of certificate
Where 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.
[Regulation 7 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50; 2 Jul 2019 p. 2646.]
Part II — Maintenance and inspection of crematoria
8. Crematoria to be maintained
Every crematorium and the fittings, works and apparatus used in connection therewith shall at all times be —
(a) maintained in good condition, repair and working order;
(b) kept in a clean, sanitary and orderly condition;
(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.
[Regulation 8 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]
9. Inspection
(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.
(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.
[Regulation 9 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]
10. Notice requiring work to be carried out
On 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.
[Regulation 10 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50.]
Part III — Application for permit to cremate
11. Form of permit application
Every application for a permit to cremate shall be made in accordance with Schedule 1 Form 6.
[Regulation 11 amended: Gazette 2 Jul 2019 p. 2646.]
12. Other requirements for permit
Every 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 —
(a) Schedule 1 Form 7, completed by a medical practitioner; or
(b) Schedule 1 Form 8, completed by the Coroner; or
(c) the Coroners Regulations 1997 Schedule 1 Form 4, completed by the Coroner.
[Regulation 12 inserted: Gazette 29 Jun 2012 p. 2944-5; amended: Gazette 2 Jul 2019 p. 2646 and 2647.]
Part IV — The medical referee
13. Referee to be medical practitioner
No medical practitioner shall be appointed as a medical referee unless he has engaged in the practice of medicine for not less than 5 years.
14. Conditions for medical referee
In performing his duties, the medical referee shall comply with the following conditions: —
(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.
(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.
(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.
(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.
(5) Every permit to cremate shall be in accordance with Schedule 1 Form 9.
(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.
(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.
(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.
[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.]
Part V — Cremation elsewhere than in a crematorium
15. Cremation elsewhere for religious reasons
If 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.
[Regulation 15 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 247.]
16. Cremation in cemetery
When 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.
17. Permission required for cremation elsewhere
No 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.
[Regulation 17 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 247 and 249‑50; 19 Sep 2017 p. 4884.]
Part VI — Miscellaneous
18. Register of cremation to be kept
Every 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.
[Regulation 18 amended: Gazette 2 Jul 2019 p. 2646.]
19. Inspection of register
The register of cremations shall be open to inspection by any person during ordinary business hours of the licensee, on payment of 10 cents.
[Regulation 19 amended: Act No. 113 of 1965 s. 8(1).]
20. Notice of cremation to be given
The 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.
[Regulation 20 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249‑50; 2 Jul 2019 p. 2646.]
20A. Post mortem certificate
A certificate of a medical practitioner who has conducted a post mortem examination may be in accordance with Schedule 1 Form 13.
[Regulation 20A inserted: Gazette 17 Dec 1954 p. 2252; amended: Gazette 2 Jul 2019 p. 2646.]
Schedule 1 — Forms
[r. 4(1), 5, 6(1), 7, 11, 12(a) and (b), 14(5), 18, 20 and 20A]
[Heading inserted: Gazette 2 Jul 2019 p. 2645.]
Form 1
Western Australia
Cremation Act 1929
APPLICATION FOR A LICENCE TO USE AND CONDUCT A CREMATORIUM
Regulation 4
To His Excellency the Governor of Western Australia:
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.
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: —
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.
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.
Dated the ....................................... day of ..........................................................., 20.........
[Form 1 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 247‑8.]
Form 2
Western Australia
Cremation Act 1929
Regulation 5
LICENCE TO USE AND CONDUCT A SPECIFIED CREMATORIUM
Whereas 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.
Dated at Perth in the State of Western Australia this .............................................. day of ...................................................., 20...........
[Form 2 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248.]
Form 3
Western Australia
Cremation Act 1929
LICENCE TO USE AND CONDUCT A SPECIFIED CREMATORIUM
Regulation 5
Whereas 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.
Dated at Perth in the State of Western Australia, this ............................................. day of ................................................... 20.............
[Form 3 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248.]
Form 4
Western Australia
Cremation Act 1929
APPLICATION FOR CERTIFICATE OF CHIEF HEALTH OFFICER TO GIVE EFFECT TO A LICENCE GRANTED TO USE AND CONDUCT A CREMATORIUM
Regulation 6
To the Chief Health Officer.
The 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.
The sum of ........................................... being the prescribed fee accompanies this application.
Dated this ................................ day of .........................................., 20........
[Form 4 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248.]
Form 5
Western Australia
Cremation Act 1929
CERTIFICATE OF THE CHIEF HEALTH OFFICER GIVING EFFECT TO A LICENCE TO USE AND CONDUCT A CREMATORIUM
Regulation 7
Whereas 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.
Dated the ................................ day of ..............................................., 20...............
........................................................
Chief Health Officer
[Form 5 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 248‑9.]
Form 6
Application for Permit to CremateCremation Act 1929Form 6
Applicant Name
Address
Deceased Name
Address
Date of birth / / Male/Female/Unspecified
Marital status
Occupation
(“Nearest surviving relative” is explained at the end of this form.)* Nearest surviving relative* (if known) Name Relationship
Usual doctor Name Address
Doctor(s) who attended deceased during his or her last illness Name Address
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
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
Coroner Has the Coroner conducted an investigation or inquest into the deceased’s death?
🞏 Yes 🞏 No 🞏 Unsure
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
Details of death Date / /20 Time a.m./p.m.
Place where deceased died🞏 Home Address 🞏 Hospital Address 🞏 Other Address
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
Do you have any reason to suppose that an examination of the deceased’s remains may be desirable?🞏 No🞏 Yes. Give details
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
Signature of applicant SignatureDate / /20
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]
Medical referee(For office use only) Permit No.
Date / /20
Medical Referee
Signature
Name
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.
[Form 6 inserted: Gazette 4 Apr 2008 p. 1300‑2; amended: Gazette 8 Feb 2013 p. 866; 9 Feb 2016 p. 371.]
Form 7
Certificate of Medical PractitionerCremation Act 1929Form 7
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.
Deceased Name
Address
Date of birth / / Age
Marital status Male/Female/Unspecified
Occupation
Doctor Name
Address
Are you a spouse, de facto partner or relative of the deceased? No Yes. Nature of relationship _________________________
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 _________________________________
Were you the deceased’s usual doctor? No Yes
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 _________________________________________________ _________________________________________________
Did you attend the deceased during his or her last illness? No Yes Since what date? / /20
Did any other doctor(s) attend the deceased during his or her last illness? No Yes. Give names __________________________________
Last illness Brief clinical history of last illness including diagnoses and events leading to death._______________________________________________________________________________________________________________________________________________________________
Details of death Date / /20 Time a.m./p.m.
Place where the deceased died — Home Address ___________________________________________ Hospital ___________________________________________ Address ___________________________________________ Other _____________________________________________ Address ___________________________________________
Were you present when the deceased died? Yes No. When did you last see the deceased alive?Date / /20 Time a.m./p.m.
Did you examine the deceased’s body after death? No Yes. Give details _________________________________
Do you have any reason to suppose that a further examination of the deceased’s remains may be desirable? No Yes. Give details _________________________________
Cause of death Was a post mortem performed? No Yes. Give details of results _________________________ _________________________________________________
( 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 _________________________________________________
*Direct cause of death_____________________________________________________
*Antecedent causes of death (if any)_____________________________________________________
*Conditions contributing to or accelerating death (if any)_____________________________________________________
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
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 _________________________________
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)
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 YesInfusion for liver cancer or metastases*● Yttrium‑90 or Rhenium‑188 during the 2 weeks prior to death No YesTherapy for thyroid cancer, endocrine tumours, or non‑Hodgkin’s lymphoma*● Iodine‑131 (injection or oral) during the week prior to death No Yes*
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.
Are you aware of anything else that could render cremation unsafe? No Yes Give details __________________________________
Certification of medical practitionerI certify that the information set out above is true and correct and that I have not omitted any relevant information.
Signature
Date / /20
[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.]
Form 8
Western Australia
Cremation Act 1929
CORONER’S CERTIFICATE
I 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: —
Name of deceased .............................................. Age ............... Sex ...................... Date of death ..................................Place of death .............................................................
It has been reported that the cause of death was (primary) ..................................... ............................................................................................................................................. (secondary) .........................................................................................................................
I 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.
Dated at ...................................... this .......................... day of ................. 20..........
I, ............................................................................................................., 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: —
Name 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.
This permit shall not be valid until 24 hours have elapsed from the time of death of the deceased person to whom the permit refers.
Dated this ....................................... day of .............................................., 20.........
To .............................................................., of ...................................................................
I 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.
This 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.
[Form 10 amended: Gazette 29 Jun 1984 p. 1781; 30 Dec 2004 p. 6933; 10 Jan 2017 p. 249.]
Form 11
Western Australia
Cremation Act 1929
REGISTER OF CREMATIONS
No. Name of
PersonCremated 1. Age2. Sex 1. Place oflast abode2. Placewhere deathoccurred3. Datewhen deathoccurred Date
Cremated Permit No. Name ofMinister orotherpersonofficiatingatceremony Under‑taker’sName Method of Disposal ofAshes 1. If givento relatives,to whomgiven2. Date
To the Chief Health Officer and the Registrar General:
I, ............................................... (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.
Date ................................................
[Form 12 amended: Gazette 29 Jun 1984 p. 1781; 10 Jan 2017 p. 249.]
Form 13
CERTIFICATE OF MEDICAL PRACTITIONER WHO HAS CONDUCTED A POST MORTEM EXAMINATION
(Regulation 20A)
I, ................................................................................................. 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: —
Date ................................................
No 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.
[Form 13 inserted: Gazette 17 Dec 1954 p. 2252.]
Schedule 2 — Fees
[r. 4(1), 6(1) and 12]
[Heading inserted: Gazette 2 Jul 2019 p. 2645.]
1.
For a licence to use and conduct a crematorium
$15.00
2.
For a certificate of the Chief Health Officer to validate and give effect to a licence (including inspections)
$5.00
3.
For a permit to cremate —
(a) given between 9 am and 5 pm Monday to Friday, or between 9 am and noon Saturday, excluding public holidays
$85.80
(b) given at any other time
$140.80
[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.]
dline
Notes
This 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.
Compilation table
Citation
Published
Commencement
Cremation Regulations 1954
20 Aug 1954 p. 1441‑9
6 Sep 1954 (see r. 2)
Untitled regulations
17 Dec 1954 p. 2252
17 Dec 1954
Reprint of the Cremation Regulations 1954 in Gazette 15 Sep 1959 p. 2339-50 (includes amendments listed above)
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))
Untitled regulations
16 Nov 1973 p. 4220
16 Nov 1973
Untitled regulations
28 May 1976 p. 1579
28 May 1976
Untitled regulations
24 Feb 1978 p. 560‑1
24 Feb 1978
Health Legislation Amendment Regulations 1984 r. 4
29 Jun 1984 p. 1780‑4
1 Jul 1984 (see r. 2)
Cremation Amendment Regulations 1984 3
28 Dec 1984 p. 4206
28 Dec 1984
Cremation Amendment Regulations 1994
27 May 1994 p. 2209
27 May 1994
Cremation Amendment Regulations 1996
2 Apr 1996 p. 1579‑80
2 Apr 1996
Miscellaneous Amendments Regulations 1997 r. 2
6 Jan 1998 p. 33
6 Jan 1998
Cremation Amendment Regulations 2000
30 Jun 2000 p. 3406
1 Jul 2000 (see r. 2)
Reprint of the Cremation Regulations 1954 as at 1 Dec 2000 (includes amendments listed above)
Cremation Amendment Regulations 2002
24 Sep 2002 p. 4766‑8
24 Sep 2002 4
Cremation Amendment Regulations 2004
30 Dec 2004 p. 6933
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
Cremation Amendment Regulations 2008
4 Apr 2008 p. 1299‑304
1 Jul 2008 (see r. 2)
Reprint 3: The Cremation Regulations 1954 as at 1 Aug 2008 (includes amendments listed above)
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))
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))
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))
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))
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))
Reprint 4: The Cremation Regulations 1954 as at 5 Dec 2014 (includes amendments listed above)
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))
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))
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)
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))
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)
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))
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))
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))
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))
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))
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))
Other notes
1 Repealed by the Cemeteries Act 1986.
2 Repealed by the Associations Incorporation Act 1987.
3 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.
4 The commencement date referred to in r. 2 was before the date of gazettal.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
This 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.