SA Powers to Vary or Force Surrender of Interment Rights for Affected Persons

Burial and Cremation (Interment Rights) Amendment Bill 2026

Legislative Council

House of Assembly

Assent

Introduced by: Kyam Maher (ALP)

Effects of this bill

If this bill passes, it means that:

Affected persons can apply to the Registrar to vary or force the surrender of another person's interment right; this only applies to rights granted or transferred on or after 1 February 2014.
The Registrar can stop a holder from using their interment right while an application is being decided.
The Registrar can modify or revoke a right if the holder is a relevant offender or their associate; the Registrar must be satisfied the right would cause significant harm, pain or suffering to an affected person.
The Registrar can only force a surrender or transfer if varying the right is not enough to prevent significant harm to an affected person.
The Registrar can revoke or transfer a right without proving significant harm if the holder fails to comply with a previous variation order.
The Attorney-General must approve any variation that requires the exhumation of bodily remains.
The Registrar can demand written information from the Police Commissioner or a court to check if a person is a relevant offender.
People can apply to the South Australian Civil and Administrative Tribunal (SACAT) within 30 days to review the Registrar's decision.