NCJ Number
206679
Date Published
June 2004
Length
73 pages
Annotation
This report presents a review of the Queensland law pertaining to the disposal of dead bodies.
Abstract
Chapter 1 presents a review of the paper and calls for submissions on the issues raised in this report and other issues relevant to the review. Chapter 2 discusses the lawful methods for the final disposal of a dead body, including the definition of a “dead body” and allowable preservation techniques. The laws pertaining to particular jurisdictions are also reviewed. Chapter 3 explores who has legal rights and obligations pertaining to the disposal of a dead body. Aspects of the common law are reviewed, as are considerations of how the common law has been affected by Queensland statute. Chapter 4 considers the usual practices regarding the disposal of a dead body, including the role of family and friends and arrangements for final disposal. Chapter 5 explores the ways in which beliefs, customs, and practices impact on the disposal of a dead body and the accommodations provided for diverse beliefs and customs. Chapter 6 examines the law as it pertains to disputes over who has the right to possess a dead body for the purpose of final disposal. Specifically, the chapter explores whether there is a need to provide a new mechanism through which to settle such disputes. Chapter 7 considers whether a person who is suspected of causing the death should be allowed to make final disposal arrangements. Several scenarios are sketched in which there is a dispute over who should make final disposal arrangements, the position of the law is outlined, as are the emotional, social, and legal consequences for a person accused of causing a death. Chapter 8 outlines the lawful disposal of ashes or cremated human remains. Appendix