Western Australian Current Acts Western Australian Current Acts A medical referee
shall not issue a permit for the cremation of the body of a deceased person
—
(a)
unless a certificate of cause of death has been provided under section 44 of
the Births, Deaths and Marriages Registration Act 1998 in relation to the
deceased person;
(aa)
where the deceased person died in a place outside the State, unless a
certificate of cause of death has been provided under the law of the place in
relation to the deceased person;
(b)
where the deceased person has left a written direction that his body is not to
be cremated, except where the Chief Health Officer orders the body to be
cremated, pursuant to powers conferred upon him under the Health
(Miscellaneous Provisions) Act 1911 or the Public Health Act 2016 ;
(c)
unless he is satisfied that the applicant for the permit is entitled or
authorised to make the application;
(d)
unless he is satisfied that the fact and cause of death of the deceased person
are definitely ascertained;
(e)
where the permit is in the first instance refused by him under the provisions
of section 8(5), unless and until he receives from a coroner a certificate in
the prescribed form authorising him to grant the permit;
(f)
where the coroner has signified his intention to investigate the death of the
deceased person unless and until the coroner gives a certificate in the
prescribed form authorising him to grant the permit;
(g)
where the medical practitioner who gives the certificate referred to in
paragraph (a) is —
(i)
the parent child brother or sister of the deceased person
or is the uncle aunt niece or nephew of the deceased person;
(ii)
in partnership with the medical referee;
(iii)
the medical referee to whom the application for the
permit is made.
[Section 8A inserted: No. 80 of 1953 s. 7;
amended: No. 28 of 1984 s. 13; No. 2 of 1996 s. 61; No. 40 of 1998 s. 9(a);
No. 19 of 2016 s. 123, 125 and 285(1).]