Burial and Cremation (Handling of Deceased Persons) Regulations 2002
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 .
21 June 2002G. S. M. GREEN
Governor
By His Excellency's Command,
J. A. BACON
Premier
PART 1 - Preliminary
These regulations may be cited as the Burial and Cremation (Handling of Deceased Persons) Regulations 2002 .
These regulations take effect on the day on which the Burial and Cremation Act 2002 commences.
In these regulations –Act means the Burial and Cremation Act 2002 ;body discharges includes blood, gas and body waste;coffin means a container or receptacle designed for use in handling deceased persons;deceased person includes a part of the corpse of a human being;Director means the Director of Local Government appointed under the Local Government Act 1993 ;employee means a person who is employed in a prescribed business;manager means a person who manages 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 or an equivalent notice or certificate under a corresponding law in force in any place outside Tasmania.
PART 2 - Administration
4. Power of Director to issue directions
(1) If the Director considers it necessary or desirable in the interests of public health or public safety, he or she may, by notice in writing given to a person, issue directions requiring the person to take any action relating to the handling, transport and storage of a deceased person or the conduct of a prescribed business.(2) A person must comply with any directions issued under subregulation (1) .Penalty: Fine not exceeding 20 penalty units.
PART 3 - Identification of deceased persons
5. Identification following death
(1) The medical practitioner responsible for giving a medical certificate on the death of a person is to ensure that an identification tag is securely attached to the body as soon as possible following that death.(2) A person must not remove the identification tag from the body of a deceased person, or alter the particulars shown on the tag, except in accordance with these regulations.Penalty: Fine not exceeding 10 penalty units.
PART 4 - Coffins
(1) A person arranging for the interment or cremation of a deceased person must ensure that the coffin to be used for the interment or cremation –(a) is impervious so as to prevent the leakage of body discharges; and(b) is of sufficiently robust construction to enable the coffin and deceased person to be disposed of in accordance with the Act.Penalty: Fine not exceeding 10 penalty units.(2) Despite subregulation (1)(a) , a coffin need not be impervious if –(a) the deceased person, when placed in the coffin, is completely enclosed in a bag made of impervious material; and(b) the bag is sealed so as to prevent leakage of body discharges from the deceased person into the coffin.(3) The manager of a crematorium can 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 damage the crematorium equipment.
7. Placing deceased person in coffin
A person who places any deceased person in a coffin to be used in 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 correspond with the names shown on the identification tag referred to in regulation 5 .Penalty: Fine not exceeding 10 penalty units.
PART 5 - Handling, transport and storage of deceased person
Division 1 - Handling of deceased person
8. Handling of deceased person
(1) A person who handles, transports or stores a deceased person must act in a respectful and dignified manner in doing so.Penalty: Fine not exceeding 10 penalty units.(2) A person must not handle, transport or store a deceased person in a way that might pose any risk prejudicial to public health or public safety.Penalty: Fine not exceeding 20 penalty units.
Division 2 - Control of infection
A manager must ensure that the prescribed business is not conducted in a manner that is prejudicial to public health or public safety.Penalty: Fine not exceeding 20 penalty units.
A manager must adopt procedures, in accordance with any directions given by the Director for the handling, transport or storage of a deceased person, that include –(a) good hygiene practices; and(b) the appropriate handling and disposal of –(i) medical instruments; and(ii) any article or thing which may be contaminated; and(iii) infectious material; and(c) the use of aseptic techniques.Penalty: Fine not exceeding 20 penalty units.
(1) A manager must ensure that all employees in the prescribed business who –are provided with suitable protective garments to protect them from contamination with body discharges or any infectious material.(a) may come into contact with a deceased person; or(b) work in close proximity to a deceased person –Penalty: Fine not exceeding 20 penalty units.(2) A manager must make available to employees additional protective equipment or materials such as gloves, masks and goggles and any other protective clothing and medical wound dressings as may be required to prevent any contact of skin and mucous membrane with body discharges or any infectious material.Penalty: Fine not exceeding 20 penalty units.
(1) A manager must ensure that any place or equipment contaminated with body discharges is cleaned and disinfected as soon as practicable.Penalty: Fine not exceeding 20 penalty units.(2) A manager must ensure that appropriate cleaning equipment and agents are readily available for cleaning up body discharges or infectious materials and that the equipment and agents are stored in a place made known to all employees.Penalty: Fine not exceeding 20 penalty units.
A manager must ensure that every employee in a prescribed business is provided with –(a) information about all infection hazards that are reasonably foreseeable as arising from, or incidental to, the prescribed business; and(b) written procedures describing safe work practices.Penalty: Fine not exceeding 10 penalty units.
Division 3 - Transport of deceased person
14. Collection of deceased person
(1) A person must not collect a deceased person for transport to a place for the purpose of preparation for cremation, interment or other means of disposal until a medical certificate has been given in respect of that person and an identification tag has been attached to the deceased person.Penalty: Fine not exceeding 20 penalty units.(2) Subregulation (1) does not apply in a case where the death of a deceased person is to be subject to an investigation under Part 5 of the Coroners Act 1995 .(3) The person who arranges for the transport of any deceased person to any place where the deceased person may, by coming into contact with any other person or otherwise, pose a risk to public health or public safety must place the deceased person in a bag or container capable of preventing the escape of any body discharges from that bag or container.Penalty: Fine not exceeding 10 penalty units.
15. Vehicle used for deceased persons
(1) A vehicle used by a prescribed business to transport a deceased person is to be of a standard which is consistent with maintaining the dignity of the deceased person.(2) A vehicle used by a prescribed business to transport a deceased person is to have a compartment in which the deceased person is placed, physically separate from the driving and passenger section.(3) The compartment of the vehicle referred to in subregulation (2) is to be capable of being easily cleaned and disinfected.(4) The vehicle referred to in subregulation (2) is to have proper facilities for securing a coffin in the compartment.(5) The person in charge of a vehicle referred to in subregulation (2) is to ensure that the coffin is secured within the compartment of that vehicle before commencing the transport of the deceased person unless he or she can show that in the circumstances it is impracticable to do so.(6) A person in charge of any vehicle used for the transport of a deceased person, other than a vehicle referred to in subregulation (2) , is to comply with this regulation unless he or she can show that in the circumstances it was impracticable to do so.
16. Protective and cleaning equipment
(1) A manager must ensure that suitable quantities of protective garments for the employees and adequate materials and equipment for the cleaning and disinfection of any spillage of body discharges or infectious materials are carried in any vehicle used to transport a deceased person.Penalty: Fine not exceeding 10 penalty units.(2) The manager must ensure that a vehicle used for the transport of a deceased person is thoroughly cleaned and disinfected after each use unless the transport involves the use of a bag or container made of impervious material.Penalty: Fine not exceeding 10 penalty units.
Division 4 - Storage of deceased person
17. Storage of deceased person
(1) If a deceased person is to be placed into storage, the person responsible must first place the deceased person in a container capable of ensuring that leakage of any body discharges is prevented or confined to that container.Penalty: Fine not exceeding 10 penalty units.(2) The person responsible for the storage of a deceased person must ensure that the deceased person, or the storage facility in which the deceased person is placed, is brought to and maintained at a temperature not exceeding 5OC as soon as possible after the deceased person comes that person's responsibility.Penalty: Fine not exceeding 5 penalty units.
PART 6 - Powers of authorised officers
(1) For the purpose of determining whether the Act or these regulations have been or are being contravened, an authorised officer and any person assisting may –(a) enter, search and inspect any premises or place; or(b) require records or documents to be produced for inspection; or(c) take extracts from, or make copies of, records or documents; or(d) take into the premises or place any equipment or material reasonably necessary for the purpose of exercising a power under these regulations; or(e) take samples for analysis; or(f) require any person to give such reasonable assistance as may be required.(2) If an authorised officer has a reasonable belief that the Act or these regulations have been contravened, he or she may seize records, documents or any other thing.(3) An authorised officer must not exercise any powers under this section so as to unnecessarily impede or obstruct the work carried on at the premises or place entered.
19. Obstruction of authorised officer
(1) A person must not –(a) impede or obstruct 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.Penalty: Fine not exceeding 20 penalty units.(2) A person must not –(a) refuse to comply with a lawful request of an authorised officer; or(b) refuse to produce to an authorised officer any record, document or other thing in that person's possession or under their control, when requested to do so; or(c) refuse to give any reasonable assistance when required to do so by an authorised officer.Penalty: Fine not exceeding 20 penalty units.
20. Possession of records by authorised officer
Any record, document or other thing seized under these regulations may be retained for so long as is necessary for the purposes of investigating whether the Act or these regulations have been, or are being, contravened and, if required, for the purposes of any subsequent prosecution.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 June 2002
These regulations are administered in the Department of Premier and Cabinet.