Queensland Consolidated Acts

CREMATIONS ACT 2003 - SECT 6

6 Getting permission to cremate

(1) The following persons may apply for a permission to cremate the human remains of a deceased person—

(a) a close relative of the deceased person, either personally or through an agent;

Example of an agent—

a funeral director

(b) a personal representative of the deceased person, either personally or through an agent;

Note—

Under the Acts Interpretation Act 1954 , schedule 1 , a
"personal representative" of a deceased person is the executor or administrator of the deceased person’s estate.

(c) if no-one mentioned in paragraph (a) or (b) applies for a permission to cremate—another adult, either personally or through an agent, who has a satisfactory explanation as to why those persons did not apply and why the adult is applying.

(2) The application must be made in the approved form.

(3) The way that an application may be sent to the coroner or independent doctor includes by fax or other electronic means.

(4) If the application is made to an independent doctor, the application must be accompanied by—

(a) a copy of the cause of death certificate, and unless subsection (5) applies, a cremation risk certificate, issued for the deceased person; or

(b) a certificate that—

(i) authorises the release of the body; and

(ii) is given by a person who appears to the independent doctor, after appropriate inquiry, to be a coroner, or to hold a position equivalent to a coroner, at the place where the death happened.

(5) For subsection (4) (a) , the application need not be accompanied by a cremation risk certificate if—

(a) the cause of death certificate is not a Queensland cause of death certificate; and

(b) a cremation risk certificate has not been issued for the deceased person.

(6) A coroner may issue a permission to cremate, in the approved form, only if—

(a) the coroner or another coroner has authorised the release of the body; and

(b) the coroner receives confirmation from the doctor who performed the autopsy that the doctor is reasonably satisfied the human remains do not pose a cremation risk.

(7) Human remains pose a
"cremation risk" if the remains contain something that, if cremated, might expose someone to the risk of death, injury or illness.

Example of something that might expose someone to risk of death, injury or illness—

a cardiac pacemaker or radioactive implant

(8) An independent doctor may issue a permission to cremate, in the approved form, only if the doctor, after examining the human remains and making any necessary inquiries, is reasonably satisfied—

(a) the human remains do not pose a cremation risk; and

(b) the deceased person’s death is not a reportable death under the Coroners Act 2003 .

Penalty—

Maximum penalty—80 penalty units.

(9) The way that a permission to cremate may be sent to the applicant, or a person nominated by the applicant on the application, includes by fax or other electronic means.