Public Health Regulation 2022
106Cremation permits for dead persons other than stillborn children
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106 Cremation permits for dead persons other than stillborn children
106 Cremation permits for dead persons other than stillborn children
(1) A medical referee may issue a cremation permit for the body of a dead person who is not a stillborn child in the approved form if the medical referee receives—
(a) an application for cremation of the body of a dead person who is not a stillborn child, and
(b) a death certificate for the dead person.
(2) However, a medical referee must not issue a cremation permit for the body of a dead person if—
(a) the death of the person is examinable under the Coroners Act 2009 by a coroner, or
(b) the proposed cremation would be contrary to a written direction left by the dead person, or
(c) the medical referee is not satisfied that the identity of the body has been correctly disclosed in the application for cremation, or
(d) the medical referee is not satisfied that the cause of death has been correctly identified in the death certificate, or
(e) the application for cremation or the death certificate appears to the medical referee to be otherwise incorrect or incomplete, or
(f) the same medical referee issued the death certificate, or
(g) the medical referee has administered professional care or treatment to the dead person at any time in the 6 months preceding death, or
(h) the medical referee is the spouse, de facto partner, parent, grandparent, aunt, uncle, child or sibling of the dead person.
Maximum penalty—20 penalty units.
(3) A medical referee may conduct an external examination of the body before issuing a cremation permit if the medical referee considers it necessary.
(4) A medical referee who issues a cremation permit for the body of a dead person must include in the permit any written direction left by the dead person about the particular method of cremation that was or was not to be used.
Maximum penalty—20 penalty units.
(5) A person who is not a medical referee must not issue a permit required under this Division to be issued by a medical referee.