Cemeteries & Crematoria Association of NSW - Conferences

Categories : Legal QandA

Legal QandA

The CCANSW has obtained legal opinion on common & frequent questions members have about the Cemeteries & Crematoria Act NSW 2013. To see the answers to the questions you need to be logged into the webs site as a CCANSW member or nominated delegate.

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Legal opinion Disclaimer

The answers to questions are legal opinions obtained by the Cemeteries & Crematoria Association of New South Wales (CCANSW) from Robbins Watson Solicitors, and are subject to the following disclaimer and copyright.

Disclaimer

This publication is provided in good faith and is for general information purposes only. This publication does not constitute legal advice, and must not be relied upon. You should seek professional legal advice in relation to matters arising out of the publication. No warranty or representation regarding the reliability, quality or accuracy of any information in this publication is given by Robbins Watson or the authors of the publication.

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Animals (Questions: 2)

Authority to act (Questions: 5)

Burial on private land (Questions: 1)

Cremated remains are interments (Questions: 3)

Disputed matters (Questions: 2)

Exercising interment rights (Questions: 3)

Exhumation (Questions: 2)

Interment right holder (Questions: 6)

Intestate (Questions: 3)

Joint holders (Questions: 4)

Multiple Rights and Multiple Interments (Questions: 4)

Perpetual Rights (Questions: 1)

Public Health Act (NSW) (Questions: 0)

Relocating memorials (Questions: 1)

Renewable rights (Questions: 3)

Revoking rights (Questions: 0)

Scattering cremated remains (ashes) (Questions: 1)

Smith v Tamworth City Council (Questions: 1)

Transferring interment rights (Questions: 2)

Transferring remains (Questions: 0)

Unsafe monuments and headstones (Questions: 0)

Legal QandA

What if a person who inherited the right and would have been entitled to be registered Holder dies without becoming registered?
- Featured
- Question asked by Christine Smyth
- in Interment right holder
- 2 years ago.
- 1 answer
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1

Answer
How do I know if a person meets the requirements to have inherited the right of interment?
- Featured
- Question asked by Christine Smyth
- in Interment right holder
- 2 years ago.
- 1 answer
How do I know if a person meets the requirements to have inherited the right of interment?
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1

Answer
How can an interment right pass by Will or Intestacy?
- Featured
- Question asked by Christine Smyth
- in Intestate
- 2 years ago.
- 1 answer
How can an interment right pass by Will or Intestacy?
S

1

Answer
34: Can animals be buried or cremated with humans?
- Answered
- Question asked by Site Admin
- in Animals
- 3 years ago.
- 1 answer
Can animals be buried or cremated with humans?
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1

Answer
38: If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones?
- Answered
- Question asked by Site Admin
- in Authority to act
- 3 years ago.
- 1 answer
If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones?
S

1

Answer
32: In October 2018 at Mildura, the Victorian Magistrates Court convicted a local funeral director and fined her $10,000 for declaring that the deceased
- Question asked by Site Admin
- in Authority to act
- 3 years ago.
- 1 answer
In October 2018 at Mildura, the Victorian Magistrates Court convicted a local funeral director and fined her $10,000 for (falsely) declaring that the deceased’s family had...
S

1

Answer
29 When conflicting instructions are received, should the crematorium cremate a deceased and to whom should they give the cremated remains?
- Question asked by Site Admin
- in Authority to act
- 3 years ago.
- 1 answer
A crematorium has received an Application to Cremate and Disposition Instructions completed by the brother of the deceased. There is a signed but unwitnessed will noting the...
S

1

Answer
26 When the original interment right holder has died, who is able to request refurbishments and/or changes to existing monuments and plaques or request a marked be placed on a grave (previously unmarked)?
- Answered
- Question asked by Site Admin
- in Authority to act
- 3 years ago.
- 1 answer
When the original interment right holder has died, who is able to request refurbishments and/or changes to existing monuments and plaques or request a marked be placed on a grave...
S

1

Answer
06 Who has the most authority – the applicant for the interment, or the executor?
- Answered
- Question asked by Site Admin
- in Authority to act
- 3 years ago.
- 1 answer
Who has the most authority – the applicant for the interment, or the executor?
S

1

Answer
40: Does the Cemeteries and Crematoria Act 2013 apply to private burial sites (e.g. on a farm), as distinct from private cemetery operators?
- Answered
- Question asked by Site Admin
- in Burial on private land
- 3 years ago.
- 1 answer
Does the Cemeteries and Crematoria Act 2013 apply to private burial sites (e.g. on a farm), as distinct from private cemetery operators?
S

1

Answer
12 It has been industry custom and practice to specify limitation upon bodily remains rather than cremated remains interments in graves, vaults and mausolea. The legislation now refers to the interment of human remains.
- Answered
- Question asked by Site Admin
- in Cremated remains are interments
- 3 years ago.
- 1 answer
Does that mean if cremated remains were interred in a grave prior to the passing of the legislation, that they now count as one of the allocable interments?
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1

Answer
11 Can a cemetery operator limit the number of cremated remains that may be interred within a location?
- Answered
- Question asked by Site Admin
- in Cremated remains are interments
- 3 years ago.
- 1 answer
Can a cemetery operator limit the number of cremated remains that may be interred within a location?
S

1

Answer
10 When an interment right is issued for two interments, does that include cremated remains?
- Question asked by Site Admin
- in Cremated remains are interments
- 3 years ago.
- 1 answer
When an interment right is issued for two interments, does that include cremated remains?
S

1

Answer
39: Does the Cemeteries and Crematoria Act 2013 override the Public Health Regulation 2012?
- Answered
- Question asked by Site Admin
- in Disputed matters
- 3 years ago.
- 1 answer
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1

Answer
09 If there is a lack of clarity about who holds an interment right and a dispute occurs, is the cemetery operator obliged to make a decision?
- Answered
- Question asked by Site Admin
- in Disputed matters
- 3 years ago.
- 1 answer
If there is a lack of clarity about who holds an interment right and a dispute occurs, is the cemetery operator obliged to make a decision?
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1

Answer
33: The recently deceased father of two babies authorised their cremation and interment in a wall niche. Is the mother able to relocate the babies, to be placed with their father’s cremated remains in a Rose Garden position?
- Question asked by Pierre Duparte
- in Exercising interment rights
- 3 years ago.
- 1 answer
The recently deceased father of two babies authorised their cremation and interment in a wall niche. Is the mother able to relocate the babies, to be placed with their father’s...
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1

Answer
21 If cremated remains are scattered upon a grave, has the right been exercised?
- Answered
- Question asked by Site Admin
- in Exercising interment rights
- 3 years ago.
- 1 answer
If cremated remains are scattered upon a grave, has the right been exercised?
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1

Answer
20 What constitutes exercising a right of interment?
- Answered
- Question asked by Site Admin
- in Exercising interment rights
- 3 years ago.
- 1 answer
What constitutes exercising a right of interment?
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1

Answer
24 Can a burial (site) right vacated after exhumation be resold by the cemetery operator?
- Answered
- Question asked by Site Admin
- in Exhumation
- 3 years ago.
- 1 answer
The only interment within a perpetual grave has been exhumed. The grave remained empty for 50 years after that perpetual interment right was issued. After following the...
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1

Answer
23 After an exhumation has occurred from a grave, is the holder of the interment right entitled to inter more bodily remains in that grave?
- Answered
- Question asked by Site Admin
- in Exhumation
- 3 years ago.
- 1 answer
Exhumation After an exhumation has occurred from a grave, is the holder of the interment right entitled to inter more bodily remains in that grave?
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1

Answer

Cemeteries & Crematoria Association of NSW - Conferences

Categories : Legal QandA

Legal opinion Disclaimer

Disclaimer

Legal QandA

What if a person who inherited the right and would have been entitled to be registered Holder dies without becoming registered?

How do I know if a person meets the requirements to have inherited the right of interment?

How can an interment right pass by Will or Intestacy?

34: Can animals be buried or cremated with humans?

38: If the Interment Right holder cannot be identified or contacted, can cemetery operators remove unsafe or damaged headstones?

32: In October 2018 at Mildura, the Victorian Magistrates Court convicted a local funeral director and fined her $10,000 for declaring that the deceased

29 When conflicting instructions are received, should the crematorium cremate a deceased and to whom should they give the cremated remains?

26 When the original interment right holder has died, who is able to request refurbishments and/or changes to existing monuments and plaques or request a marked be placed on a grave (previously unmarked)?

06 Who has the most authority – the applicant for the interment, or the executor?

40: Does the Cemeteries and Crematoria Act 2013 apply to private burial sites (e.g. on a farm), as distinct from private cemetery operators?

12 It has been industry custom and practice to specify limitation upon bodily remains rather than cremated remains interments in graves, vaults and mausolea. The legislation now refers to the interment of human remains.

11 Can a cemetery operator limit the number of cremated remains that may be interred within a location?

10 When an interment right is issued for two interments, does that include cremated remains?

39: Does the Cemeteries and Crematoria Act 2013 override the Public Health Regulation 2012?

09 If there is a lack of clarity about who holds an interment right and a dispute occurs, is the cemetery operator obliged to make a decision?

33: The recently deceased father of two babies authorised their cremation and interment in a wall niche. Is the mother able to relocate the babies, to be placed with their father’s cremated remains in a Rose Garden position?

21 If cremated remains are scattered upon a grave, has the right been exercised?

20 What constitutes exercising a right of interment?

24 Can a burial (site) right vacated after exhumation be resold by the cemetery operator?

23 After an exhumation has occurred from a grave, is the holder of the interment right entitled to inter more bodily remains in that grave?

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