Institutional Burials Act 2022

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Objection by parent, child or sibling to participation by another eligible family member in Identification Programme

44. (1) In addition to what is provided for in section 43 , an eligible family member—

(a) who is a parent or child of a deceased person is entitled to object, in accordance with subsection (2), to the participation in an Identification Programme of another eligible family member, other than a parent, of the deceased person, and

(b) who is a sibling of a deceased person is entitled to object, in accordance with subsection (2), to the participation in an Identification Programme of another eligible family member, other than a parent or child, of the deceased person.

(2) An objection referred to in subsection (1) may be made, and shall be considered by a Director for the purposes of section 48 (2)(b) ,where—

(a) at any time prior to a determination under that section in respect of the participation referred to in subsection (1), an eligible family member entitled to object under that subsection notifies the Director, in accordance with regulations made under section 80 , of the objection and the grounds for such objection, or

(b) subsection (4) applies, an eligible family member entitled to object under subsection (1) notifies the Director of the objection and the grounds for such objection when contact is made or within such period thereafter as may be specified by the Director which period shall be prior to the making of a determination under section 48 in respect of such participation.

(3) Subsection (4) applies where a Director—

(a) receives a notification referred to in section 42 (1)(b)(i) from an eligible family member, other than a parent, of a deceased person, and

(b) either—

(i) does not receive either—

(I) a notification referred to in that section from another eligible family member who is a parent, child or sibling of the same deceased person, or

(II) a letter of non-objection referred to in section 42 (1)(c) from that other eligible family member referred to in clause (I),

or

(ii) receives both a notification of objection referred to in section 42 (1)(b)(ii) to that person’s participation from another eligible family member who is a parent, child or sibling of the same deceased person and a letter of non-objection referred to in section 42 (1)(c) from that same eligible family member in respect of the same person in respect of whom he or she has made the notification of objection.

(4) A Director shall—

(a) where the circumstances referred to in subsection (3)(b)(i) apply in respect of another eligible family member referred to in clause (I) of that provision, make reasonable efforts, in accordance with such procedures as are prescribed under section 80 , to contact that other eligible family member and ascertain whether he or she wishes to object to the participation in an Identification Programme of the eligible person referred to in subsection (3)(a) and have such objection considered by the Director for the purposes of section 48 (2)(b), and

(b) where the circumstances referred to in subsection (3)(b)(ii) apply, make reasonable efforts to contact the other eligible family member who made both a notification of objection and furnished a letter of non-objection, to ascertain which is to take precedence.

(5) Where a Director is unable to contact an eligible family member referred to in subsection (4)(b), a notification of objection made by that member shall be entered in the register in accordance with section 45 or, if already entered in the register, remain in the register and the letter of non-objection shall be disregarded unless the letter post-dates that notification, in which case the letter shall take precedence and the notification of objection of the member shall not be entered in the register or shall be removed from the register, as the case may be.

(6) A Director shall make the reasonable efforts referred to in subsection (4) prior to making a determination under section 48 in respect of the eligible person referred to in subsection (3)(a) who has made an application under that section.

(7) A Director may use evidence provided pursuant to the requirement referred to in section 42 (1)(f) for the purpose of making contact in accordance with subsection (4).