Australian Capital Territory Numbered Acts

COURTS AND OTHER JUSTICE LEGISLATION AMENDMENT ACT 2021 (NO. 13 OF 2021) - SECT 41

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13A     Appointment as person responsible for disposal of unclaimed deceased person

    (1)     This section applies if the public trustee and guardian accepts an appointment as the person responsible for the disposal of the body of an unclaimed deceased person.

    (2)     The public trustee and guardian—

        (a)     may do any of the following:

              (i)     make arrangements for the disposal of the body of the unclaimed deceased person;

              (ii)     investigate whether the unclaimed deceased person has a solvent estate;

              (iii)     administer the unclaimed deceased person's estate; but

        (b)     is not responsible for arranging the removal of the unclaimed deceased person's body from the place where the person died.

Note     If a person dies, the person's estate vests in the public trustee and guardian from the time the person dies until someone is appointed as administrator of the estate or a grant of representation is made (see the Administration Act

, s 38A).

    (3)     The public trustee and guardian must comply with any guideline made by the Minister for this section.

    (4)     A guideline is a disallowable instrument.

    (5)     In this section:

"unclaimed deceased person" means a person—

        (a)     whose death is registered under the Births, Deaths and Marriages Registration Act 1997

; and

        (b)     the executor of whose estate, or whose next of kin—

              (i)     has not been be found, despite reasonable inquiries by the police; or

              (ii)     is unwilling or unable to make funeral arrangements for the person; and

        (c)     whose body—

              (i)     is held at a place in the ACT; and

              (ii)     has not been claimed by anyone who has a right to claim the body under the law of another State.

Part 10     Supreme Court Act 1933