Review of the Law in Relation to the Final Disposal of a Dead Body

autopsy means an autopsy or post mortem under—

(a) the Coroners Act 1958, the Coroners Act 2003 or the Transplantation and Anatomy Act 1979; or

(b) a law of another State or country that corresponds to an Act mentioned in paragraph (a).

1. 
   medical procedure means a diagnostic or surgical procedure.
   

0 The Environmental Protection Regulation 2008 (Qld) s 65 defines ‘regulated waste’ as ‘commercial or industrial waste’ that ‘is of a type, or contains a constituent of a type, mentioned in schedule 7’ of the Regulation. Schedule 7 specifies a range of products, including, as item 14, ‘clinical or related waste’. See the definitions of ‘clinical waste’ and ‘related waste’ at [2.17] n 35 above.

0 See also the Waste Reduction and Recycling Regulation 2011 (Qld).

0 Coroners Act 2003 (Qld) sch 2 defines ‘tissue’ to mean ‘an organ, blood or part of a body or foetus’ or ‘a substance extracted from an organ, blood or part of a body or foetus’. See s 19 for when a coroner may order a doctor to perform an autopsy.

0 Coroners Act 2003 (Qld) s 24(3).

0 Coroners Act 2003 (Qld) s 24(4). ‘Prescribed tissue’ means ‘a whole organ or foetus’ or ‘an identifiable body part’, such as ‘a limb, digit or jaw’: s 24(11).

0 Coroners Act 2003 (Qld) s 24(5).

0 Coroners Act 2003 (Qld) s 24(6).

0 Coroners Act 2003 (Qld) s 24(9). ‘Burial’ is defined in sch 2 to include ‘cremation or other lawful disposal’.

0 Transplantation and Anatomy Act 1979 (Qld) ss 26–27.

0 Transplantation and Anatomy Act 1979 (Qld) ss 26(1)(c), (5), 27(1), (3). ‘Senior available next of kin’ is defined in s 4(1) of the Act.

0 Transplantation and Anatomy Act 1979 (Qld) s 29(1)–(2). Section 29(8) provides that ‘specimen tissue’ means ‘a small sample of tissue kept in the form of a tissue block or tissue slide prepared to enable the microscopic examination of the tissue’ or ‘tissue taken from the tissue block’, but does not include ‘tissue that is, or is a large proportion of the totality of, an organ of a human body or human foetus’.

0 Queensland Government, Hospital Autopsy Consent Form
<http://www.health.qld.gov.au/consent/documents/autopsy_01.pdf> section D.

0 See Aboriginal Cultural Heritage Act 2003 (Qld) s 4; Torres Strait Islander Cultural Heritage Act 2003 (Qld) s 4. Although these Acts are almost identical, they have been kept separate to ‘acknowledge the distinct and important cultural differences between Torres Strait Islander people and Aboriginal people’: see Queensland, Parliamentary Debates, Legislative Assembly, 21 August 2003, 3180, 3181 (Stephen Robertson).

0 Aboriginal Cultural Heritage Act 2003 (Qld) ss 14(3)(a), 15; Torres Strait Islander Cultural Heritage Act 2003 (Qld) ss 14(3)(a), 15.

0 Aboriginal Cultural Heritage Act 2003 (Qld) s 7, sch 2.

0 Torres Strait Islander Cultural Heritage Act 2003 (Qld) s 7, sch.

0 Aboriginal Cultural Heritage Act 2003 (Qld) ss 16–18; Torres Strait Islander Cultural Heritage Act 2003 (Qld) ss 16–18.

0 Department of Environment and Resource Management, Queensland Government, Reburial and management options: Aboriginal and Torres Strait Islander burials Version 2.0
<http://www.derm.qld.gov.au/cultural_heritage/pdf/hr_reburial_management.pdf>.

0 Ibid referring to Department of Environment and Resource Management, Queensland Government, Land Management Policy, Burials on Lands administered under the Land Act 1994 PUX/901/653 Version 3 — SLM/901/653 <http://www.derm.qld.gov.au/about/policy/documents/3331/slm_901_653.pdf>. This policy is discussed at [3.23]–[3.25] above.

0 Department of Environment and Resource Management, Queensland Government, Land Management Policy, Burials on Lands administered under the Land Act 1994 PUX/901/653 Version 3 — SLM/901/653 <http://www.derm.qld.gov.au/about/policy/documents/3331/slm_901_653.pdf>.

0 Department of Environment and Resource Management, The Queensland Parks and Wildlife Service, Queensland Government, Operational Policy, Corporate Management, Request for burials and scattering of cremation ashes (14 December 2007) <http://www.derm.qld.gov.au/register/p01081aa.pdf>. This policy is discussed at [3.26] above.

0 Ibid.

0 Department of Environment and Resource Management, Queensland Government, Reburial and management options: Aboriginal and Torres Strait Islander burials Version 2.0
<http://www.derm.qld.gov.au/cultural_heritage/pdf/hr_reburial_management.pdf>. For a discussion of local laws dealing with cemeteries, see [3.27] ff above.

0 See Recommendations 5-4, 6-17, 7-2, 7-5 to 7-7 above.

0 See Department of Local Government and Planning (Qld), Local Laws Database
<http://www.dlgp.qld.gov.au/local-government/local-laws-database.html>.

0 ‘Banana Shire Council (Making of Model Local Law) and (Making of Subordinate Local Law) Notice (No 1) 2011’ in Queensland, Queensland Government Gazette, No 66, 4 November 2011, 411; Queensland, Queensland Government Gazette, No 83, 25 November 2011, 559.

0 This council has proposed to make laws based on the 2010 Model Local Laws: Barcaldine Regional Council, Local Laws Review 2011 <http://www.barcaldinerc.qld.gov.au/council/publications>.

0 ‘Blackall-Tambo Regional Council (Making of Model Local Law) Notice (No 1) 2011’ in Queensland, Queensland Government Gazette, No 62, 11 March 2011, 392; Queensland, Queensland Government Gazette, No 61, 28 October 2011, 379; Queensland, Queensland Government Gazette, No 87, 2 December 2011, 621.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010, to be effective from 1 January 2012: Bundaberg Regional Council, Local Laws & Subordinate Laws <http://bundaberg.qld.gov.au/feature/draft-local-law-subordinate-laws>.

0 This council has adopted, by resolution, Model Local Law No 1 (Administration) 2010, to commence on 1 January 2012: Queensland, Queensland Government Gazette, No 114, 19 August 2011, 923.

0 ‘Carpentaria Shire Council (Making of Model Local Law) Notice (No 1) 2011’ in Queensland, Queensland Government Gazette, No 64, 24 June 2011, 495. See also ‘Carpentaria Shire Council (Making of Subordinate Local Law) Notice (No 1) 2011’ in Queensland, Queensland Government Gazette, No 66, 4 November 2011, 411.

0 This council has proposed to adopt Model Local Law No 1 (Administration) 2010, to be effective from 1 January 2012: Cassowary Coast Regional Council, New Local Laws for the Cassowary Coast region <http://www.cassowarycoast.qld.gov.au/web/guest/local-laws>.

0 This council has proposed to adopt Model Local Law No 1 (Administration) 2010: Central Highlands Regional Council, Pending Local Laws 2011 for Central Highlands Regional Council
<http://www.centralhighlands.qld.gov.au/web/guest/local-laws/-/journal_content/56/381737/5230910>.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010: Charters Towers Regional Council, Local Laws
<http://www.charterstowers.qld.gov.au/web/guest/local-laws>.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010, to be effective from 1 January 2012: Fraser Coast Regional Council, Local Laws <http://www.frasercoast.qld.gov.au/web/guest/local-laws-and-policies>.

0 Queensland, Queensland Government Gazette, No 79, 18 November 2011, 522.

0 This council has adopted, by resolution, Model Local Law No 1 (Administration) 2010, to commence on 1 January 2012: Queensland, Queensland Government Gazette, No 66, 4 November 2011, 416.

0 Queensland, Queensland Government Gazette, No 79, 18 November 2011, 525.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010: Hinchinbrook Shire Council, Public Notice
<http://www.hinchinbrook.qld.gov.au/web/guest/policy-locallaws>.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010, to be effective from 1 January 2012: Isaac Regional Council, Local laws <http://www.isaac.qld.gov.au/web/guest/local-laws1>.

0 This council has proposed to adopt Model Local Law No 1 (Administration) 2010: Lockhart River Aboriginal Shire Council, Local Laws <http://www.lockhart.qld.gov.au/local-laws>.

0 The Logan City Council has submitted a proposed local law, an amending local law and a repealing local law for Ministerial approval: see Logan City Council, Local laws under review
<http://www.logan.qld.gov.au/laws-and-permits/local-laws/local-laws-under-review/cemeteries>.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010: Longreach Regional Council, Proposed new local laws and subordinate local laws <http://www.longreach.qld.gov.au/review-of-local-laws>.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010, to be effective from 1 January 2012: Maranoa Regional Council, Council creating one set of local laws for Maranoa <http://www.maranoa.qld.gov.au/news/2011/Maranoa_Local_Laws.shtml>.

0 Queensland, Queensland Government Gazette, No 101, 5 August 2011, 806.

0 This council has proposed to adopt Model Local Law No 1 (Administration) 2010: North Burnett Regional Council, Local Laws <http://www.northburnett.qld.gov.au/?id=49>.

0 The NPARC region incorporates the communities of Injinoo, Umagico, Bamaga, New Mapoon and Seisia. Council is in the process of developing new local laws for the region. This council has proposed to adopt Model Local Law No 1 (Administration) 2010: Northern Peninsula Regional Council, Local Laws <http://www.nparc.qld.gov.au/web/guest/local-laws>.

0 Queensland, Queensland Government Gazette, No 83, 25 November 2011, 561.

0 The Rockhampton Regional Council made Rockhampton Regional Council Cemeteries (Application of Continuing Local Law) Local Law 2009 by resolution dated 20 October 2009. This local law applied former Fitzroy Shire Council (Cemeteries) Local Law No 5 across the whole of the new local government area of the Rockhampton Regional Council: see Fitzroy Shire Council (Cemeteries) Local Law No 5
<http://services.dip.qld.gov.au/locallaws/data/postamalgamation/RCROCK/05_Cemeteries%20LL_res20-10-09.pdf>. However, council has since indicated that it will adopt Model Local Law No 1 (Administration) 2010, to commence from 1 January 2012: Rockhampton Regional Council, New Regional Local Laws
<http://www.rockhamptonregion.qld.gov.au/Council_Services/Local_Laws/New_Regional_Local_Laws>.

0 Queensland, Queensland Government Gazette, No 72, 1 July 2011, 565.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010: Somerset Regional Council, Local Laws <http://www.somerset.qld.gov.au/local-laws>.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010: South Burnett Regional Council, Local Law Review
<http://www.southburnett.qld.gov.au/web/guest/local-law-review>. Council anticipates that the new laws will be effective from 1 January 2012.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010: Sunshine Coast Regional Council, Local Law Review (14 September 2011) <http://www.sunshinecoast.qld.gov.au/sitePage.cfm?code=local-law-review>.

0 This council has proposed to adopt Model Local Law No 1 (Administration) 2010: Tablelands Regional Council, Local laws (13 October 2011) <http://www.trc.qld.gov.au/my-council/local-laws>.

0 This council has proposed to adopt Model Local Law No 1 (Administration) 2010, to commence on 1 January 2012: Toowoomba Regional Council, Local Laws <http://www.toowoombarc.qld.gov.au/laws-and-permits/locallaws.html>.

0 See ‘Notice of adopted local laws Torres Strait Island Regional Council’ in Queensland, Queensland Government Gazette, No 3, 3 September 2010, 9; ‘Notice of adopted subordinate local laws Torres Strait Island Regional Council’ in Queensland, Queensland Government Gazette, No 47, 10 June 2011, 334.

0 This council has proposed to make Local Law No 1 (Administration) 2011, based on Model Local Law No 1 (Administration) 2010: Townsville City Council, Draft Local Laws for Public Consultation <http://www.townsville.qld.gov.au/council/laws/Pages/DraftLocalLaws.aspx>.

0 Queensland, Queensland Government Gazette, No 74, 14 November 2011, 503.

0 Whitsunday Regional Council is proposing to make new local laws and subordinate local laws that will apply across the whole of the amalgamated local government area, including Local Government Facilities Local Law 2011, which will govern cemeteries: Whitsunday Regional Council, Local Laws Public Consultation <http://www.whitsunday.qld.gov.au/web/guest/local-laws>.

0 See ‘Winton Shire Council (Making of Model Local Law) Notice (No 1) 2011’ in Queensland, Queensland Government Gazette, No 28, 23 September 2011, 177; ‘Winton Shire Council (Making of Subordinate Local Law) Notice (No 1) 2011’ in Queensland, Queensland Government Gazette, No 56, 21 October 2011, 343; ‘Winton Shire Council (Making of Model Local Law) and (Making of Subordinate Local Law) Notice (No 2) 2011’ in Queensland, Queensland Government Gazette, No 87, 2 December 2011, 622.

0 See ‘Wujal Wujal Aboriginal Shire Council (Making of Model Local Law) Notice (No 1) 2011’ in Queensland, Queensland Government Gazette, No 77, 1 April 2011, 527.