The South Australian Government is considering a new legislative proposal that would prevent criminals or their families from having any influence over the burial places of their victims. This move aims to protect victims’ families from the traumatic possibility of an offender or their relatives controlling the final resting places of those they have harmed.
The proposal, which is set to be discussed with key stakeholders before being presented in Parliament, allows the Registrar of Births, Deaths and Marriages to make orders that would block offenders or their families from exercising rights to interment at the burial sites of their victims. It would also allow for conditions to be placed on any such rights, ensuring that offenders cannot exert control over the graves of those they have wronged.
The proposed reform includes provisions for family members of the deceased, such as parents or siblings, to apply for changes to interment rights, such as variations or transfers, if they feel it necessary to prevent a criminal from having access to the burial site. This could apply in situations such as a domestic violence offender being granted control over the grave of their victim, or a parent convicted of the death of their child being allowed to maintain control over the child’s burial location.
This reform, which is part of a wider effort to protect the rights of victims and their families, follows a series of other legislative changes introduced last year. These include the ability for prosecutors to request adjournments in court proceedings if a victim needs more time to prepare a victim impact statement. The Government has also moved to improve the process through which victims can speak directly to the court about the impact of crimes committed against them, ensuring they have a clearer right to submit statements. Additionally, the new laws would give courts more discretion to allow family members of those who have died or suffered serious injuries due to criminal conduct to present their own victim impact statements.
Kyam Maher, the South Australian Attorney-General, highlighted the importance of these reforms, particularly the proposal to prevent offenders or their families from exercising control over victims’ final resting places. “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,” he said. “Reforms like this will help protect victims’ families from further trauma.”
Sarah Quick, the Commissioner for Victims’ Rights, expressed her approval of the reform, noting that the experience of families who face such situations can be harrowing. She reflected on her time in office, including her role prior to her appointment as Commissioner, and acknowledged that she had seen many cases where similar issues had surfaced. “I’m pleased to see the Government consider this much-needed reform,” she said. “In my time with this office, 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.”
The consultation phase is an important part of the reform process, and both Maher and Quick have stressed the need for careful consideration of the details. While there is wide support for the reform, further discussions with stakeholders will ensure the best approach is taken to protect the interests of victims’ families and provide adequate safeguards for all parties involved.
This proposal underscores the South Australian Government’s ongoing commitment to strengthening laws that protect the rights of victims and their families. It serves as a reminder that victims’ experiences do not end with the trial process; the consequences of a crime can reverberate long after the legal proceedings have concluded.
For the victims’ families, the ability to ensure that their loved ones’ final resting places are free from the influence of those who caused them harm is an important part of the healing process. The new laws seek to provide them with the peace of mind that their loved ones can rest without the added burden of ongoing trauma at the hands of their offenders.
With this proposal, the South Australian Government is making strides towards ensuring that the final act of honouring a loved one’s memory is not tainted by the control of those who have wronged them. As the consultation process continues and the details of the law are refined, it is clear that these reforms will offer an essential protection for victims’ families.
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