Burial and Cremation (Handling of Human Remains) Regulations 2005

Burial and Cremation (Handling of Human Remains) Regulations 2005

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Burial and Cremation Act 2002 .

6 June 2005

W. J. E. COX

Governor

By His Excellency's Command,

J. G. COX

Minister Assisting the Premier on Local Government

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Burial and Cremation (Handling of Human Remains) Regulations 2005 .

2.   Commencement

These regulations take effect on 1 July 2005.

3.   Interpretation

In these regulations –

Act means the Burial and Cremation Act 2002 ;

authorised officer means authorised officer as defined in section 51(1) of the Act;

bodily discharges includes blood, gas and bodily waste;

coffin means a box, case or other receptacle designed for, and into which, human remains are placed for storage, movement, cremation or interment;

container means a container, bag or other receptacle into which human remains are placed for storage or movement;

coroner means coroner as defined in the Coroners Act 1995 ;

deceased person means human remains;

declaration of life extinct means a declaration of life extinct referred to in regulation 10 ;

Director of Local Government means the person appointed as Director of Local Government under section 334 of the Local Government Act 1993 ;

Director of Public Health means the person appointed as Director of Public Health under section 6 of the Public Health Act 1997 ;

employee means a person who is employed in a prescribed business;

identification tag means an identification tag referred to in Part 5 ;

manager means a person who, whether alone or with others, manages, operates or is in day-to-day control of a prescribed business;

medical certificate means a certificate certifying the cause of death given under section 35(3) of the Births, Deaths and Marriages Registration Act 1999 ;

medical practitioner means registered medical practitioner as defined in the Medical Practitioners Registration Act 1996 ;

nurse means nurse as defined in the Nursing Act 1995 ;

officer of the Ambulance Service means officer of the Ambulance Service as defined in the Ambulance Service Act 1982 ;

paramedic means paramedic as defined in the Ambulance Service (Fees) Regulations 2001 ;

Registrar of Births, Deaths and Marriages means Registrar as defined in the Births, Deaths and Marriages Registration Act 1999 ;

reportable death means reportable death as defined in the Coroners Act 1995 ;

responsible person means –

(a) a nurse; or

(b) a paramedic; or

(c) an officer of the Ambulance Service qualified to at least Ambulance Officer level; or

(d) any other person who, in the opinion of a medical practitioner, has the knowledge and skills necessary to determine if –

(i) the person who has been notified as dead is in fact dead; and

(ii) the death is a reportable death;

tray means a tray or table on which human remains are placed before being placed in a coffin.

PART 2 - Directions

4.   Directions

(1)  If the Director of Local Government, having consulted with the Director of Public Health, considers it in the interests of public health or public safety he or she, by notice in writing given to a person, may direct that the person is to take any action specified in the notice relating to –

(a) the handling, transportation and storage of human remains; or

(b) the conduct of a prescribed business.

(2)  A person must comply with a notice issued under subregulation (1) .

Penalty:  Fine not exceeding 20 penalty units.

(3)  If the Director of Public Health considers it in the interests of public health or public safety he or she, by notice in writing given to a manager, may direct that the manager is to take any action specified in the notice relating to –

(a) appropriate hygiene practices; and

(b) the appropriate handling and disposal of –

(i) medical instruments; and

(ii) infectious material; and

(iii) any other article or thing which may be contaminated; and

(c) the use of aseptic techniques.

(4)  A manager must comply with a notice issued under subregulation (3) .

Penalty:  Fine not exceeding 20 penalty units.

PART 3 - Notification of death

5.   Notification of death

(1)  If a person reasonably believes that another person has died he or she is to notify any of the following persons of that death as soon as is practicable:

(a) a police officer;

(b) a medical practitioner;

(c) a nurse;

(d) an officer of the Ambulance Service;

(e) a paramedic.

(2)  A police officer, nurse, officer of the Ambulance Service or paramedic who is notified of a death under subregulation (1) is to notify a medical practitioner of that death as soon as is practicable.

6.   Action to be taken by medical practitioner after notification of death

(1)  A medical practitioner who receives notification of a death under regulation 5(1)(b) or regulation 5(2) is to take one of the following actions within 8 hours after receiving that notification:

(a) attend the place of death;

(b) arrange for another medical practitioner to attend the place of death;

(c) arrange for a responsible person to attend the place of death.

(2)  A medical practitioner is not to make an arrangement for a responsible person to attend a place of death under subregulation (1)(c) unless the responsible person is capable of carrying out, and willing to carry out, that arrangement.

(3)  Another medical practitioner with whom an arrangement is made under subregulation (1)(b) is to attend the place of death within 8 hours after notification is received under regulation 5 .

(4)  A responsible person with whom an arrangement is made under subregulation (1)(c) is to attend the place of death within 8 hours after notification is received under regulation 5 .

7.   Action to be taken by medical practitioner after attending place of death

(1)  A medical practitioner who attends a place of death under regulation 6(1)(a) or (b) is to –

(a) issue a medical certificate if satisfied that –

(i) the person who has been notified as dead is in fact dead; and

(ii) the death is not a reportable death; and

(iii) an identification tag is attached to the human remains in accordance with regulation 13 ; or

(b) issue a declaration of life extinct if satisfied that –

(i) the person who has been notified as dead is in fact dead; and

(ii) an identification tag is attached to the human remains in accordance with regulation 13 ; or

(c) notify a police officer or a coroner of the death, if the medical practitioner believes that the death –

(i) is a reportable death; or

(ii) may not have been due to natural causes.

(2)  On issuing a declaration of life extinct under subregulation (1)(b) , a medical practitioner is to –

(a) issue a medical certificate, if satisfied that the death is not a reportable death; or

(b) specify in the declaration of life extinct the name of another medical practitioner who has agreed to issue a medical certificate.

8.   Action to be taken by medical practitioner after receipt of duplicate copy of declaration of life extinct

After receiving a duplicate copy of a declaration of life extinct under regulation 10(3)(b) , a medical practitioner is to issue a medical certificate.

9.   Action to be taken by responsible person after attending place of death

(1)  A responsible person who attends a place of death under regulation 6(1)(c) is to –

(a) issue a declaration of life extinct if he or she is satisfied that –

(i) the person who has been notified as dead is in fact dead; and

(ii) an identification tag is attached to the human remains in accordance with regulation 13 ; or

(b) notify a police officer or a coroner of the death, if the responsible person believes that the death –

(i) is a reportable death; or

(ii) may not have been due to natural causes.

(2)  A responsible person who issues a declaration of life extinct under subregulation (1) is to specify in that declaration –

(a) the name of the medical practitioner who, in accordance with regulation 6(1)(c) , arranged for that responsible person to attend the place of death; and

(b) the name of the medical practitioner who is to issue a medical certificate.

PART 4 - Declaration of life extinct

10.   Form of declaration of life extinct

(1)  A declaration of life extinct is to be in a form determined by the Director of Local Government and is to contain any information that, in the interests of public health or public safety, he or she considers appropriate.

(2)  The declaration of life extinct is to be issued in triplicate.

(3)  The person completing the declaration of life extinct is to, as soon as is practicable –

(a) hand the original copy of the declaration to the person who apparently has custody of the human remains; and

(b) forward the duplicate copy of the declaration to the medical practitioner named in the declaration as the medical practitioner who is to issue a medical certificate; and

(c) forward the triplicate copy of the declaration to the Registrar of Births, Deaths and Marriages.

(4)  A person must not complete a declaration of life extinct if that person –

(a) is knowingly related to the deceased person; or

(b) has had any recent fiduciary relationship with the deceased person; or

(c) has any pecuniary interest in the estate of the deceased person.

Penalty:  Fine not exceeding 20 penalty units.

PART 5 - Identification of human remains

11.   Form of identification tag

An identification tag is to be in a form approved by the Director of Local Government.

12.   Information to be recorded on identification tag

A medical practitioner or responsible person is to ensure that the following information is written on an identification tag if the identity of the deceased person is known to that medical practitioner or that responsible person or if that medical practitioner or that responsible person is otherwise able to confirm the identity of the deceased person:

(a) the full name of the deceased person;

(b) the location of the deceased person at the time the information referred to in paragraph (a) is being written on the identification tag.

13.   Attachment of identification tag

A person is to securely attach an identification tag to –

(a) the left arm of the deceased person; or

(b) if compliance with paragraph (a) is not practicable, the right arm of the deceased person; or

(c) if compliance with paragraphs (a) and (b) is not practicable, the left leg of the deceased person; or

(d) if compliance with paragraphs (a) , (b) and (c) is not practicable, the right leg of the deceased person; or

(e) if compliance with paragraphs (a) , (b) , (c) and (d) is not practicable, any other part of the deceased person.

14.   Removal and replacement of identification tag

(1)  Subject to subregulation (2) , a medical practitioner, a responsible person or a manager may remove and replace an identification tag if –

(a) it is damaged, soiled or contaminated; or

(b) a coroner considers it appropriate.

(2)  A medical practitioner, a responsible person or a manager must not remove and replace an identification tag unless –

(a) a witness is present during the removal of the identification tag and its replacement with a new identification tag; and

(b) the new identification tag has written on it –

(i) the identical words written on the original identification tag or, in the absence of sufficient legible words on the original identification tag, the particulars contained in the medical certificate or the declaration of life extinct; and

(ii) the name of the person who removed the original identification tag and the date of its replacement; and

(c) the new identification tag is attached to the human remains before the original identification tag is removed.

(3)  A person must not remove an identification tag that is attached to human remains except in accordance with these regulations.

Penalty:  Fine not exceeding 5 penalty units.

PART 6 - Handling, Movement, Transportation and storage of human remains

15.   Handling of human remains

A person who handles, moves, transports or stores human remains must do so –

(a) in a way so as not to be injurious to public health or public safety; and

(b) in a respectful and dignified manner.

Penalty:  Fine not exceeding 10 penalty units.

16.   Movement of human remains within place or premises

A person must not move human remains within any place or premises before a medical certificate or a declaration of life extinct has been issued in respect of those human remains, unless –

(a) the human remains are causing a risk to public health or public safety; or

(b) the moving is to preserve the security or the dignity of the human remains.

Penalty:  Fine not exceeding 5 penalty units.

17.   Transportation of human remains to prescribed business

(1)  If a manager is informed that human remains are ready to be transported to a prescribed business, that manager is to arrange that transportation –

(a) within 8 hours after receiving that information; or

(b) as soon as practicable.

(2)  Subregulation (1) does not apply if human remains are being stored in accordance with regulation 20 .

18.   Transportation of human remains for cremation or interment

(1)  A person must not transport human remains to any place or premises to prepare those remains for cremation or interment unless a medical certificate or a declaration of life extinct has been issued in accordance with these regulations.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Subregulation (1) does not apply if the death of a person is, or may be, the subject of an investigation under Part 5 of the Coroners Act 1995 .

19.   Vehicle used for transportation of human remains

(1)  A person who is transporting human remains to any place or premises must place the human remains in a coffin, container or tray that is capable of preventing the escape of any bodily discharges, contaminants or infectious materials.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A manager must ensure that any vehicle used to transport human remains is of a standard sufficient to maintain the dignity of the human remains and has either –

(a) a compartment in which the coffin, container or tray is placed which –

(i) is physically separate from the driving and passenger section of the vehicle; and

(ii) has sufficient facilities for securing the coffin, container or tray; and

(iii) is capable of being easily cleaned and disinfected; or

(b) a coffin, container or tray in which the human remains are placed –

(i) so as to not allow any bodily discharges, contaminants or infectious materials to escape into the vehicle; and

(ii) that is secured as far as practicable within that vehicle.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A manager must ensure that any vehicle used to transport human remains is kept in a clean and disinfected state.

Penalty:  Fine not exceeding 10 penalty units.

20.   Storage of human remains

(1)  If human remains are to be placed into storage, the person responsible for that storage must first place the human remains in a coffin, container or tray capable of –

(a) ensuring that the escape of bodily discharges, contaminants or infectious materials is prevented or confined to that coffin, container or tray; and

(b) protecting any person who comes into contact with the coffin, container or tray from bodily discharges, contaminants or infectious materials.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person responsible for the storage of human remains must ensure that the human remains, or the storage facility in which the human remains are placed, is brought to, and maintained at, a temperature not exceeding 5°C as soon as practicable after the custody of the human remains becomes that person's responsibility.

Penalty:  Fine not exceeding 5 penalty units.

PART 7 - Cleaning and disinfection of premises and vehicles

21.   Manager to ensure premises are cleaned and disinfected

(1)  A manager must ensure that any place, premises or equipment contaminated with bodily discharges, contaminants or infectious materials is cleaned and disinfected as soon as practicable after the contamination occurs.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A manager must ensure that appropriate cleaning equipment and materials are –

(a) readily available to clean and disinfect any spillage of bodily discharges, contaminants or infectious materials; and

(b) stored in a place made known to all employees.

Penalty:  Fine not exceeding 10 penalty units.

22.   Manager to ensure protective clothing and cleaning equipment are made available in vehicles

A manager must ensure that the following are available in any vehicle used to transport human remains:

(a) suitable quantities of protective clothing for employees;

(b) adequate materials and equipment to clean and disinfect any spillage of bodily discharges, contaminants or infectious materials.

Penalty:  Fine not exceeding 10 penalty units.

23.   Manager to provide protective clothing to employees

A manager must ensure that all employees who may come into contact with human remains or who may work in close proximity to human remains are provided with suitable protective clothing to protect them from contamination by bodily discharges, contaminants or infectious materials.

Penalty:  Fine not exceeding 10 penalty units.

24.   Manager to provide information on infection hazards to employees

A manager must ensure that all employees are provided with –

(a) information about all infection hazards that are reasonably foreseeable as arising from, or incidental to, the prescribed business; and

(b) full written details of procedures describing safe work practices.

Penalty:  Fine not exceeding 10 penalty units.

PART 8 - Construction of Coffins

25.   Coffin construction

(1)  A person arranging for the interment or cremation of human remains must ensure that the coffin used for the interment or cremation is –

(a) impervious so as to prevent the escape of bodily discharges, contaminants or infectious materials; and

(b) of sufficiently robust construction to enable the coffin and the human remains to be disposed of in accordance with the Act.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A manager may refuse to accept a coffin for cremation if, in his or her opinion, it is made from, or contains, any material which is likely to –

(a) damage any equipment in the crematorium; or

(b) be injurious to public health or public safety.

26.   Nameplate to be attached to coffin

A person who places human remains in a coffin to be used for an interment or cremation must ensure that the coffin bears an identifying nameplate, inscription or marking stating the family name and at least one given name of the deceased person that corresponds with the names shown on the identification tag for those human remains.

Penalty:  Fine not exceeding 5 penalty units.

PART 9 - Powers of authorised officers

27.   Collection of evidence

(1)  For the purpose of determining if an offence against the Act or these regulations is being or has been committed, an authorised officer or another person assisting an authorised officer may –

(a) require any person to produce any relevant record or documents for inspection; or

(b) take extracts from, or make copies of, those records or documents; or

(c) take into any relevant premises or place any equipment or other thing reasonably necessary for the purpose of exercising a power under the Act or these regulations; or

(d) take any relevant sample for analysis; or

(e) require any person to give any reasonable assistance in the exercise of any such powers.

(2)  If an authorised officer or another person assisting an authorised officer has a reasonable belief that an offence against the Act or these regulations is being or has been committed, he or she may seize any record, document or any other thing relevant to the offence.

28.   Retention of records by authorised officer

(1)  An authorised officer may retain a record, document or other thing seized under these regulations –

(a) for the purpose of an investigation as to whether an offence against the Act or these regulations has been committed; or

(b) to enable evidence of an offence against the Act or these regulations to be secured for the purpose of a prosecution.

(2)  A person otherwise entitled to possession of a record or document retained by an authorised officer under these regulations is entitled to be provided at his or her request with a copy of that record or document certified by the authorised officer to be a true copy.

(3)  A certified copy of a record or document referred to in subregulation (2) is to be received in all courts, and is to be taken for all legal purposes, as if it were the original record or document.

29.   Obstruction of authorised officer

(1)  A person must not –

(a) impede or obstruct an authorised officer, or another person assisting an authorised officer, exercising powers or performing functions under the Act or these regulations; or

(b) provide false or misleading information to an authorised officer or to another person assisting an authorised officer.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person must not –

(a) fail to comply with a lawful request of an authorised officer or another person assisting an authorised officer; or

(b) when requested to do so, fail to produce to an authorised officer or to another person assisting an authorised officer any record, document or other thing in the person's possession or under his or her control; or

(c) fail to give any reasonable assistance to an authorised officer or another person assisting an authorised officer when requested to do so by the authorised officer or by another person assisting the authorised officer.

Penalty:  Fine not exceeding 10 penalty units.

PART 10 - Fees

30.   Fees

A medical practitioner who attends a place of death in accordance with these regulations is entitled to claim from the estate of the deceased person a fee for that attendance as if a medical certificate or a declaration of life extinct had not been issued in respect of that deceased person.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 June 2005

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations make provision in relation to –

(a) the directions that may be issued by the Director of Local Government in respect of human remains and prescribed businesses; and

(b) the notification of a death and subsequent duties arising from that notification; and

(c) the form of a declaration of life extinct; and

(d) the identification of human remains; and

(e) the handling, movement, transportation and storage of human remains; and

(f) the cleaning and disinfection of premises and vehicles; and

(g) the construction of coffins; and

(h) the powers of an authorised officer in respect of the collection of evidence; and

(i) the fee that may be charged by a medical practitioner who attends a place of death.