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Do Councils Need to Record Death Certificates
No, a death certificate is not required
What is required is a Certificate of ID of Deceased (Form 7) and a Partial Certificate Course of Death completed by a Doctor
Both of these forms are provided by the Funeral Director and should be retained on record.
Family Objections with Burial
The CCASA does not have any authority over an Interment Right Holder (IRH). An Interment Right is issued to a person(s) who then has the sole right (interment right) to decide and advise the cemetery about who may be buried, have ashes placed, or be memorialised in the site.
Where a family member objects to the decisions made by an IRH, or the decision is not as prescribed by the deceased in their Will, it is recommended that you contact the register (Births, Deaths and Marriages) and note your objection. The BDM will need resolve the dispute with the family before issuing a cremation permit or otherwise.
Who Has the Authority over a Relatives Burial?
An Interment Right is issued to a person(s), being the Interment Right Holder (IRH). The IRH has the sole right (interment right) to decide and advise the cemetery about who may be buried, have ashes placed, or be memorialised in the site.
Further, an existing IRH must approve the transfer of an Interment Right to another person (ie: an Interment Right cannot be transferred without the consent of the IRH).
In the event that the IRH has passed, the authority is passed to the eldest living relative of the deceased, as specified in Section 35 of the Burial and Cremation Act 2013.
Burial on private property is subject to the approval of the local council (or authority), and the permission of the landowner.
Burial on private property may be permitted only if the property is located outside of metropolitan Adelaide, or a township.
It is important to consider the future ownership and land use of the property concerned. If the property is subject to a change of ownership, or land use, the new landowners will also own and control the burial site. This means the family of the deceased will not have visitation rights, unless permission is given by the new owners.
Identification of Deceased to be Checked before Burial or Cremation
Clause 7 of the Burial and Cremation Regulations 2014 requires the Cemetery Authority to visibly check the ID plate of a coffin, even if they have received the appropriate certificates.
It is important that the certificate of identification, name and date of death is matched against the name plate prior to interment, or cremation. This is to ensure that the correct person is being interred in the correct grave, or cremation process.