Institutional Burials Act 2022

Register of notifications

45. (1) Subject to subsection (2), a Director shall, in accordance with subsection (2)(a) or (b), as applicable, of section 42 establish and maintain a register (in this Act referred to as a “register”) of notifications—

(a) referred to in subsection (1)(b) of that section and made by eligible family members within the period of time specified by the Director,

(b) referred to in subsection (1)(d) of that section and made by persons referred to in that provision within the period of time specified by the Director, and

(c) made in accordance with section 44 .

(2) A notification referred to in subsection (1) shall not be entered in the register unless the Director is satisfied—

(a) that the person making the notification is an eligible family member or person referred to in section 42 (1)(d), as the case may be, and

(b) in the case of a notification of an objection, the eligible family member concerned is entitled to make the notification in accordance with section 43 or 44 , as the case may be.

(3) A register shall record, in respect of each eligible family member or person referred to in section 42 (1)(d), as the case may be, who has made a notification which is to be entered in the register, the following information:

(a) the name, contact details and the genetic relationship the person believes he or she has with the deceased person believed to be buried in the principal burial land or ancillary burial land concerned; and

(b) details of each notification referred to in section 42 (1)(b) or 44 made by an eligible person and of a notification made by a person referred to in section 42 (1)(d).

(4) A Director may, at his or her discretion, notwithstanding that a notification has not been made under section 42 (1) within the period of time specified by the Director under that section, accept a notification (other than a notification referred to in section 43 ) referred to in subsection (1) after the period so specified and enter it on the register in accordance with this section.

(5) A person may, at any time, withdraw a notification made by him or her under section 42 or 44 and where an entry has been made in the register in respect of that notification, it shall be deleted as soon as practicable after receipt of the instructions to so withdraw.