Western Australian Current Acts Western Australian Current Acts (1) The Governor may
from time to time —
(a)
appoint for the purposes of this Act, one or more medical practitioners to be
a medical referee;
(b)
cancel an appointment so made.
(2) Where an
application in the prescribed form for a permit for the cremation of a dead
human body, is made by a person to a medical referee, if he is satisfied that
the applicant is an administrator or other duly authorised person to hold the
permit, he shall subject to the provisions of this Act, grant the permit.
(3A) An application
for a permit may be made by —
(a) an
administrator; or
(b) a
person acting with the written authority of and on behalf of the
administrator; or
(c) a
person who satisfies a medical referee that no application for a permit is to
be made by the administrator of the deceased person in respect of whom the
application is made, and who shows to the medical referee a satisfactory
reason why the application is not made by an administrator, and that he is a
proper person to make the application.
(3B) Where the
application for a permit is not made by an administrator, the person making
the application shall —
(a) make
a statutory declaration in the prescribed form setting out the grounds upon
which he claims authority to make the application; and
(b)
supply such further information with relation to the application as the
medical referee may require.
(4A) A person who
applies for a permit shall pay the prescribed fee to the medical referee
issuing the permit.
(4B) The medical
referee is entitled to retain the prescribed fee for his own use.
(5) Where it appears
to a medical referee that the death of the person in respect of whose body the
application for the permit is made, whether the cause of death is shown on the
death certificate of that person or not, is due to violence or unnatural
causes, or if there are in his opinion suspicious circumstances surrounding
the death, the medical referee shall refuse the application and report the
refusal and the reason for the refusal to the coroner residing nearest to the
place where the body is lying.
(6) Where, except as
provided in the last preceding subsection, a medical referee refuses to issue
a permit, the applicant may apply to the State Administrative Tribunal for a
review of the decision of the medical referee.
[Section 8 inserted: No. 80 of 1953 s. 6; amended:
No. 28 of 1984 s. 13; No. 55 of 2004 s. 212; No. 19 of 2010 s. 51.]