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Local pensioners Mr & Mrs Robert Gray lost their son Dean in a tragic drowning accident in October 2021. As Dean’s senior next of kin his mother Mrs Cherina Gray took care of the funeral arrangements with Narrabri Shire Council, paying all required fees and charges following due process to the letter of the law.
All monies were paid at the time, including the fees for the Interment Right Certificate.
Such a certificate grants the authority to bury remains either in a casket or as ashes. A cemetery operator, which Narrabri Shire Council is, MUST issue the certificate as authority to do so. Narrabri Shire Council was mandated by the law to issue that certificate at first instance.
However in this case, no such certificate has been issued despite years of protesting, begging, pleading and petitioning with various Council staff including its Governance Manager at the time Jason Townsend Council's in-house solicitor. The maladministration of this matter commenced with Council registering the interment right in Dean's name, despite him not being the purchaser. When the error was pointed out to Council, it wrote to Mrs Gray suggesting the right be transferred. Such transfer was 100% dependant on Dean signing the transfer and nominate his mother for the purpose. Despite Council being informed it was not possible for Dean to participate Council insisted that was the process. Later, Cemeteries and Crematoria NSW confirmed the Cemeteries & Crematoria Act 2013 Section 60(a) provided Council with the legal mechanism to correct its error and thereafter issue the right to Mrs Gray who has at all times been the rightful purchaser and owner of the Right. As such, Council is able to resolve this matter in the correct way, in accordance with the law, but it refuses to do so. In fact at one stage Narrabri Council wrote to Mrs Gray stating that she could request a refund and make a fresh Interment Right Application accompanied by a new payment. Any reasonable person would agree such a suggestion exemplifies bureaucratic absurdity!
All monies were paid at the time, including the fees for the Interment Right Certificate.
Such a certificate grants the authority to bury remains either in a casket or as ashes. A cemetery operator, which Narrabri Shire Council is, MUST issue the certificate as authority to do so. Narrabri Shire Council was mandated by the law to issue that certificate at first instance.
However in this case, no such certificate has been issued despite years of protesting, begging, pleading and petitioning with various Council staff including its Governance Manager at the time Jason Townsend Council's in-house solicitor. The maladministration of this matter commenced with Council registering the interment right in Dean's name, despite him not being the purchaser. When the error was pointed out to Council, it wrote to Mrs Gray suggesting the right be transferred. Such transfer was 100% dependant on Dean signing the transfer and nominate his mother for the purpose. Despite Council being informed it was not possible for Dean to participate Council insisted that was the process. Later, Cemeteries and Crematoria NSW confirmed the Cemeteries & Crematoria Act 2013 Section 60(a) provided Council with the legal mechanism to correct its error and thereafter issue the right to Mrs Gray who has at all times been the rightful purchaser and owner of the Right. As such, Council is able to resolve this matter in the correct way, in accordance with the law, but it refuses to do so. In fact at one stage Narrabri Council wrote to Mrs Gray stating that she could request a refund and make a fresh Interment Right Application accompanied by a new payment. Any reasonable person would agree such a suggestion exemplifies bureaucratic absurdity!
Over the past (5) five years Mr & Mrs Gray have met with Council executives including General Manager Eloise Chapman and the Mayor, but to no avail.
Mr & Mrs Gray have spoken at several Council meetings as well, but the certificate has still not been issued.
Communications with Cemetries and Crematoria NSW the regulatory body, produced a concession no internment right exists, which resultantly leaves the Gray’s with an unlawful burial of their son.
Mr & Mrs Gray have spoken at several Council meetings as well, but the certificate has still not been issued.
Communications with Cemetries and Crematoria NSW the regulatory body, produced a concession no internment right exists, which resultantly leaves the Gray’s with an unlawful burial of their son.
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Cemeteries and Crematoria NSW
In an effort to bring some closure and resolve the matter, late 2025 Mrs Gray lodged an Application with the NSW Civil & Administrative Tribunal’s (NCAT) Consumer Division under Fair Trading legislation. As a consumer she believed she had the right to be provided what she paid for in good faith.
However, a completely disinterested and incompetent Tribunal Member dismissed Mrs Gray’s Application on the basis she had no claim on her late father’s estate.
Of course it was never about Mrs Gray’s father. During those proceedings Mrs Gray corrected the member a staggering total of (9) nine times the matter concerned her son. But the resultant Orders dismissing the Application was testimony the Member had zero interest in this extremely sensitive, traumatising case.
With the matter still unresolved and Council continuing to withhold the Internment right from Mrs Gray, in April 2026 after consultation with NCAT, she filed an Appeal on that Tribunal decision. The matter was heard on 17th August 2026.
Council engaged Barrister Robert McCaw of Two Wentworth Chambers in Sydney, knowing Mrs Gray had no access to legal services. Council did have in-house solicitors but opted to engage Mr McCaw at significant cost to the public purse.
Mr & Mrs Gray have expressed their fear, anxiety and uncertainty by Council’s engaging a barrister against them. They felt Council was deliberately acting to bully and intimidate them.
On 17th August 2026 Mrs Gray won her appeal with a decision handed down at the conclusion of the hearing with ex tempore reasons.
Astonishingly the Appeal Panel also made a sincere apology to Mrs Gray for the manner in which the earlier Member had responded to her Application and how the Member had treated Mrs Gray during the proceedings. The matter was directed to a remittal hearing on the basis Mrs Gray had been denied procedural fairness, as she was not given any opportunity to make submissions or provide evidence at first instance, with the Member opting to shut the case down. As at today’s date the NCAT has not issued the Notice of Listing for that Remittal.
However, a completely disinterested and incompetent Tribunal Member dismissed Mrs Gray’s Application on the basis she had no claim on her late father’s estate.
Of course it was never about Mrs Gray’s father. During those proceedings Mrs Gray corrected the member a staggering total of (9) nine times the matter concerned her son. But the resultant Orders dismissing the Application was testimony the Member had zero interest in this extremely sensitive, traumatising case.
With the matter still unresolved and Council continuing to withhold the Internment right from Mrs Gray, in April 2026 after consultation with NCAT, she filed an Appeal on that Tribunal decision. The matter was heard on 17th August 2026.
Council engaged Barrister Robert McCaw of Two Wentworth Chambers in Sydney, knowing Mrs Gray had no access to legal services. Council did have in-house solicitors but opted to engage Mr McCaw at significant cost to the public purse.
Mr & Mrs Gray have expressed their fear, anxiety and uncertainty by Council’s engaging a barrister against them. They felt Council was deliberately acting to bully and intimidate them.
On 17th August 2026 Mrs Gray won her appeal with a decision handed down at the conclusion of the hearing with ex tempore reasons.
Astonishingly the Appeal Panel also made a sincere apology to Mrs Gray for the manner in which the earlier Member had responded to her Application and how the Member had treated Mrs Gray during the proceedings. The matter was directed to a remittal hearing on the basis Mrs Gray had been denied procedural fairness, as she was not given any opportunity to make submissions or provide evidence at first instance, with the Member opting to shut the case down. As at today’s date the NCAT has not issued the Notice of Listing for that Remittal.
Also as at today’s date Mrs Gray received information Narrabri Shire Council has commenced proceedings against her in the NSW Supreme Court to have the NCAT orders for remittal set aside.
“This is an extraordinary case of denial of procedural fairness, abuse of process, refusal to finalise a goods and services purchase in accordance with consumer law, and a show of power and financial resources that cannot be matched by these (2) two unrepresented pensioners,” stated Telina Webb who assisted Mr and Mrs Gray during the NCAT Appeal.
“This is an extraordinary case of denial of procedural fairness, abuse of process, refusal to finalise a goods and services purchase in accordance with consumer law, and a show of power and financial resources that cannot be matched by these (2) two unrepresented pensioners,” stated Telina Webb who assisted Mr and Mrs Gray during the NCAT Appeal.
NSW Civil & Administrative Tribunal
“This family is in limbo, it is a nightmare; they cannot inter a relatives ashes because there is no interment right. They cannot relocate their son’s remains to their property because there is no right. This traumatised couple and their family have been advised their son’s resting place is categorised as reserved, meaning it is available for purchase by someone else. How is that remotely possible? It is absolutely disgraceful. Cemeteries & Crematoria as the regulatory body have informed the couple it has no powers to compel Narrabri Council to do anything; it’s role is nothing more than guidance. So now Council has engaged a secondary law firm also in Sydney which will likely finish this couple off once and for all. How much more are they expected to absorb and endure?” stated Webb.
“There is no doubt whatsoever Council’s refusal to comply with the law is compounding the Gray Family’s trauma. The Council DOES have the legal mechanism to correct its error; no right of interment was applied for by Dean Gray. That young man didn't know he was going to suddenly lose his life. The right was lawfully purchased by Mrs Gray, and Narrabri Shire Council has failed to meet its statutory obligations as a cemetery operator. It should have its licence revoked by Cemeteries & Crematoria. The regulatory body may not be able to direct Council to rightfully issue the Interment Right, but it does have the authority to revoke its licence.”
The Supreme Court matter is listed for Directions on 06th October 2026.
Mr and Mrs Gray have reached out to various media in the hope of highlighting their plight and putting pressure on Council to finally do the right thing, the lawful thing; issue the interment right certificate without any further undue delay and withdraw its Supreme Court proceedings.
In this way Mrs Gray could withdraw from the remittal hearing at NCAT and finally have closure.
Contact:
Glenn Carroll, glennc@narrabri.nsw.gov.au
Council General Manager Eloise Chapman, eloisec@narrabri.nsw.gov.au
Mayor Darrell Tiemens, mayor@narrabri.nsw.gov.au
Seema Srivastava, Acting Director, Regulation & Engagement, seema.srivastava@cemeteries.nsw.gov.au
Barrister Robert McCaw, rmccaw@twowentworth.com.au
Solicitor Emily Lane, emily@laneandorourke.com.au
Cherina Gray, cherinagray@gmail.com
“There is no doubt whatsoever Council’s refusal to comply with the law is compounding the Gray Family’s trauma. The Council DOES have the legal mechanism to correct its error; no right of interment was applied for by Dean Gray. That young man didn't know he was going to suddenly lose his life. The right was lawfully purchased by Mrs Gray, and Narrabri Shire Council has failed to meet its statutory obligations as a cemetery operator. It should have its licence revoked by Cemeteries & Crematoria. The regulatory body may not be able to direct Council to rightfully issue the Interment Right, but it does have the authority to revoke its licence.”
The Supreme Court matter is listed for Directions on 06th October 2026.
Mr and Mrs Gray have reached out to various media in the hope of highlighting their plight and putting pressure on Council to finally do the right thing, the lawful thing; issue the interment right certificate without any further undue delay and withdraw its Supreme Court proceedings.
In this way Mrs Gray could withdraw from the remittal hearing at NCAT and finally have closure.
Contact:
Glenn Carroll, glennc@narrabri.nsw.gov.au
Council General Manager Eloise Chapman, eloisec@narrabri.nsw.gov.au
Mayor Darrell Tiemens, mayor@narrabri.nsw.gov.au
Seema Srivastava, Acting Director, Regulation & Engagement, seema.srivastava@cemeteries.nsw.gov.au
Barrister Robert McCaw, rmccaw@twowentworth.com.au
Solicitor Emily Lane, emily@laneandorourke.com.au
Cherina Gray, cherinagray@gmail.com
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