Burial and Cremation Act 2013: Amendments made to protect holders of interment rights

On 23 February 2023, the Burial and Cremation Act 2013 (the Act) was amended by the Burial and Cremation (Interment Rights) Amendment Act 2022 (the Amendment Act). The Amendment Act is identical in substance to the previous Burial and Cremation (Interment Rights) Amendment Bill 2021, which lapsed before it could be passed due to the 2022 South Australian parliamentary elections.

We have previously written about the obligations which the (now-lapsed) original amendment bill would have imposed upon cemetery authorities. Those obligations are now reality, by virtue of the Amendment Act. Accordingly, we encourage readers to revisit our previous article. The amendments now made to the Act are the same as those discussed in our previous article. In short, the amendments are designed to address issues faced by the holders of valid interment rights who have had difficulties enforcing their rights against a cemetery authority.

The consequences of unlawfully breaching obligations with respect to interment rights can be significant for cemetery authorities, with significant maximum penalties imposed. It is imperative that relevant policies and procedures are reviewed to ensure they are legislatively compliant. Norman Waterhouse would be pleased to assist cemetery authorities to understand and navigate the complexities of these obligations.

Should you wish to discuss any material contained in this article, please contact Felice D’Agostino on +61 8 8210 1202 or fdagostino@normans.com.au, Dale Mazzachi on +61 8 8210 1221 or dmazzachi@normans.com.au, or Chris Alexandrides on 8210 1299 or calexandrides@normans.com.au.