Burial and Cremation Act 2022

(1) The manager of a facility may approve the disposal of human remains of a deceased person at the facility (a disposal approval).

(2) A person may apply to the manager of a facility for a disposal approval by submitting the following:

(c) confirmation of the notification of, or confirmation of reasonable attempts to notify the decision maker for the deceased person;

(d) any objections, known to the applicant, from the decision maker for the deceased person;

(i) a notice under section 34(1) of the Births, Deaths and Marriages Registration Act 1996;

(ii) a certificate signed by 2 medical practitioners stating that the death is not a reportable death under section 12 of the Coroners Act 1993; or

(i) a certificate under section 12(3) of the Births, Deaths and Marriages Registration Act 1996;

(ii) a certificate signed by 2 medical practitioners stating that the death is not a reportable death under section 12 of the Coroners Act 1993; or

(c) a certificate issued by the coroner or the coroner's clerk under section 17(1) of the Coroners Act 1993; or

(d) a certificate issued by the Registrar under section 44(1)(a) of the Births, Deaths and Marriages Registration Act 1996 certifying the registration of the death of the deceased person.

Note for subsection (3)

Sections 185 and 186 include other provisions relevant to an approval.

(4) Despite subsection (2), the manager of a facility may not apply for an approval under subsection (2) to dispose of human remains in that facility.

(5) The manager may request a document mentioned in subsection (3)(a) from a provider if the document is not submitted under subsection (2).

(6) If the manager requests a document under subsection (5), the provider must provide a copy of the document to the manager unless the provider does not have access to the document.

(7) If the manager of a facility knows there is an objection from the decision maker for the deceased person under subsection (2)(d) or section 144(1), the manager of the facility must not approve the disposal of the human remains of the deceased person unless the decision maker withdraws, in writing, the decision maker's objection.

(9) If the manager of a facility refuses to give a disposal approval, the manager must give the applicant a decision notice.

Note for subsection (9)

The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the requirements of the person who makes a reviewable decision after the person has made a reviewable decision under this Act.