Burial and Cremation Act 2022

(1) Before making a decision under section 78(2), the CEO must invite the following people to provide comments in relation to the request for information under section 78:

(a) if the deceased person is buried in a burial ground – the representative for the burial ground;

(b) if the deceased person is buried in an undeclared area or a suspended cemetery – the interest holder of the undeclared area or suspended cemetery.

(b) specify a reasonable period of time that the comments need to be provided to the CEO.

(3) The CEO must take into account any comments received from the representative for a burial ground or the interest holder before making a decision under section 78(2).

(4) Despite subsection (1), the CEO does not need to make an invitation under subsection (1) if the CEO reasonably believes that a decision under section 78(2) needs to be made before an invitation under subsection (1) can be made.

(5) In deciding whether a person or an organisation has an adequate reason for wanting a copy or summary of information in the register for the entry of a deceased person under section 78(2), the CEO must have regard to the following:

(b) the sensitivity of the information, including culturally sensitive information;

(d) the need to protect the deceased person about whom the information is sought from unjustified intrusion of the deceased person's privacy;