New laws that would prevent criminals or their families from exercising control over their victim's burial places are on the agenda for the State Government this year.
The reforms allow orders to be made preventing criminals or their relatives from holding an interment right for their victim's burial place, or placing conditions on their exercise of an interment right.
Under the South Australian proposal, a person affected by the criminal offending, such as the deceased's family member, could apply to the Registrar of Births, Deaths and Marriages for the variation, transfer or surrender of an interment right.
Examples covered by the reform would include preventing a domestic violence offender who kills their partner from then having control over their victim's grave, or a parent convicted of their child's death from controlling the place where the child is buried.
The Government will consult with key stakeholders on the proposal before introducing the new laws to Parliament.
This reform is the latest reform from this Government following a suite of legislative changes for victims. State Parliament passed laws last year which will allow prosecutors to be able to seek an adjournment of proceedings when a victim reasonably needs more time to prepare a victim impact statement. Further changes will better ensure that victims can tell the court in their own words the impact that the offending had on them, and will be given an express right to be informed about their entitlement to provide a statement. Courts will also have the discretion to allow loved ones of a person who died or suffered a serious injury in connection with criminal conduct to submit a victim impact statement to the court.
As put by Kyam Maher
The idea that someone responsible for a horrific act against another human being could have control over that person's final resting place – or seek to be laid to rest in the same or neighbouring plot – is simply unacceptable.
Reforms like this will help protect victims' families from further trauma.
As put by Commissioner for Victims' Rights Sarah Quick
I'm pleased to see the Government consider this much-needed reform.
In my time with this office – including prior to my appointment as Commissioner – I have seen a number of cases where issues like this have come into play – and the experience is harrowing for families who have lost a loved one.
I look forward to considering the finer detail of this proposal and considering it in greater detail.
