SA Crime Victims Can Apply to Change or Cancel Cemetery Burial Rights Held by Offenders

Burial and Cremation (Interment Rights) Amendment Bill 2026

Legislative Council

House of Assembly

Assent

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Introduced by: The Hon Kyam Maher (ALP)

Effects of this bill

If this bill passes, it means that:

People affected by a crime can apply to the Registrar of Births, Deaths and Marriages to change or cancel a cemetery burial right held by another person. This only applies to burial rights granted or transferred on or after 1 February 2014.
The Registrar of Births, Deaths and Marriages can change a burial right or force the holder to give it up if the holder is a criminal offender or a close relative of one. This can happen if using the burial right would cause significant physical or mental harm, pain, or suffering to an affected person.
When changing a burial right, the Registrar of Births, Deaths and Marriages can set new rules about how remains are buried, how memorials are built, or how remains are removed. The Registrar cannot order the digging up of a body without approval from the Attorney-General.
The Registrar of Births, Deaths and Marriages can force a person to give up their burial right entirely if they fail to follow the new rules set during a variation. If the burial site is empty, the cemetery authority must pay the previous holder a refund minus admin and maintenance costs.
The Commissioner of Police and the courts must provide information to the Registrar of Births, Deaths and Marriages to help determine if a person is a criminal offender.
People who disagree with a decision made by the Registrar of Births, Deaths and Marriages can ask the South Australian Civil and Administrative Tribunal (SACAT) to review it within 30 days.
When a cemetery authority plans to reuse a burial site, they must notify the deceased person's representative or relative. If the burial right was forcibly taken away, the authority must try to notify someone other than the person who lost the right.

The Debate

What different members said when this bill was debated:

Nicola Centofanti LIB

“I rise today as the lead speaker for the opposition to address the Burial and Cremation (Interment Rights) Amendment Bill 2026. This is a bill dealing with a particularly sensitive area of law: the rights that attach to places where human remains are interred and the circumstances in which those rights may be varied or surrendered.”

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Nicola Centofanti LIB

“I rise today as the lead speaker for the opposition to address the Burial and Cremation (Interment Rights) Amendment Bill 2026. This is a bill dealing with a particularly sensitive area of law: the rights that attach to places where human remains are interred and the circumstances in which those rights may be varied or surrendered.”

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Tung Ngo ALP

“I rise in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026. This bill seeks to amend the Burial and Cremation Act 2013 to enable the Registrar of Births, Deaths and Marriages to make orders for the variation or the forced surrender of an interment right held by a person or persons where such orders are necessary for the prevention of significant emotional harm to victims.”

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Tung Ngo ALP

“I rise in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026. This bill seeks to amend the Burial and Cremation Act 2013 to enable the Registrar of Births, Deaths and Marriages to make orders for the variation or the forced surrender of an interment right held by a person or persons where such orders are necessary for the prevention of significant emotional harm to victims.”

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Kyam Maher ALP

“I want to thank speakers for their indications of support for the bill: the Leader of the Opposition, the Hon. Nicola Centofanti; the comprehensive review of the bill by the Hon. Tung Ngo; and the very refreshing contribution from the Hon. Justin Hanson. These are very serious issues and go to supporting victim survivors who have not had that benefit of support before in South Australia.”

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Kyam Maher ALP

“I want to thank speakers for their indications of support for the bill: the Leader of the Opposition, the Hon. Nicola Centofanti; the comprehensive review of the bill by the Hon. Tung Ngo; and the very refreshing contribution from the Hon. Justin Hanson. These are very serious issues and go to supporting victim survivors who have not had that benefit of support before in South Australia.”

Official source →

Mira El Dannawi ALP

“I rise to speak in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026. The proposed bill is about granting dignity and respect to victims, setting out a clear and fair procedure to give the victim and their loved ones the justice they deserve.”

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Mira El Dannawi ALP

“I rise to speak in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026. The proposed bill is about granting dignity and respect to victims, setting out a clear and fair procedure to give the victim and their loved ones the justice they deserve.”

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Hilton Gumbys ALP

“I also rise to speak in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026, and I thank the Hon. Mira El Dannawi for her thorough outline of the bill. Rather than retread that ground, I want to turn to why this reform matters so profoundly and to the cases that have made its necessity unmistakable.”

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Hilton Gumbys ALP

“I also rise to speak in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026, and I thank the Hon. Mira El Dannawi for her thorough outline of the bill. Rather than retread that ground, I want to turn to why this reform matters so profoundly and to the cases that have made its necessity unmistakable.”

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Russell Wortley ALP

“I am the third speaker to stand up here and support this quite simple but very important bill, so please forgive me if it morphs into the other two speeches. I rise today to speak in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026.”

Official source →

Russell Wortley ALP

“I am the third speaker to stand up here and support this quite simple but very important bill, so please forgive me if it morphs into the other two speeches. I rise today to speak in support of the Burial and Cremation (Interment Rights) Amendment Bill 2026.”

Official source →