Policy and Legislation

Funeral legislation and policy varies considerably across the different States in Australia. Information regarding the different States will be added over time.

NSW

In NSW, regulation of burial and cremation is provided by a number of NSW government departments including Health, Fair Trading and Local Government.   Cemeteries owned by the State ie public cemeteries are also controlled by legislation managed by the Department of Lands. In 2005, the NSW Parliament undertook an inquiry into the funeral industry. The Parliamentary report together with the Government's response are published at http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/2F5226F286BEEB5CCA2570D2000646B6

The Department of Lands:

  1. Facilitates the management of State-owned public cemeteries (including many local government cemeteries) by Crown Reserve Trusts. A Trust handbook is provided as guidance for the community-based trust managers.
  2. Leads the public consultation on establishing more sustainable burial practices in NSW. In Sydney, current rates of burial will see the supply of available burial space exhausted by 2050 if not before.

In 2007 a public discussion paper on the available options to make burial more sustainable was published. The Government is awaiting a report on the public feedback received. FAQs on Sustainable Burial associated with this discussion paper were also published. 

Health Department Guidelines:

Bodies - Retention for Longer than Permitted in Public Health(Disposal of Bodies) Regulation 2002 
Burials - Exemptions - Public Health (Disposal of Bodies) Reg 2002 for Community & Religious Reasons
Burials - Exhumation of Human Remains
Burials - Shallow Burial
Burials on Private Land - Approval by Local Authority
Cremation - One Body at a Time
Cremation Certificates and related requirements
Death - Extinction of Life and the Certification - Assessment
Post Mortems

The Office of Fair Trading:

The Fair Trading Amendment (Funeral Goods and Services) Regulation 2008  commenced 1 February 2009. This

  1. defines a basic funeral as the supply of specified goods and services, including the arrangement and conduct of a funeral service to be held during ordinary business hours, limited transport of a body, storage and preparation of a body, and supply of the least expensive coffin that a supplier of funeral goods and services has available
  2. ensures that those establishments that offer a basic funeral must provide a written statement listing:
    • each of the funeral goods and services that comprise the basic funeral and the cost of each,
    • each of the necessary disbursements and a reasonable estimate of the amount of each.
  3. ensures that for services other than a basic funeral, an itemised quote needs to be supplied which lists
    • each of the funeral goods and services that are be supplied to the consumer under the agreement and the cost of each,
    • each of the necessary disbursements and a reasonable estimate of the amount of each,
    • any other disbursements that are likely to be made by the supplier and a reasonable estimate of the amount of each.
  4. ensures that before accepting final payment under an agreement for the supply of funeral goods and services to a consumer, the supplier of the funeral goods and services must give to the consumer a written statement listing the following:
    • each of the funeral goods and services supplied to the consumer under the agreement and the cost of each,
    • each of the necessary disbursements and the amount of each,
    • any other disbursements made by the supplier and the amount of each,
    • the total amount payable for the supply of the funeral goods and services under the agreement.

Queensland

Department of Justice and Attorney General - Office of Fair Trading:

Tasmania

Department of Justice - Consumer Affairs and Fair Trading

Victoria

Victorian cemeteries and crematoria are publicly owned and self-funding and are primarily administered by voluntary trusts, with some administered by local government. The Cemeteries and Crematoria Act 2003, which commenced on 1 July 2005, governs the operations of Victoria’s cemetery and crematoria system. This act as well as other relevant legislation such as the Cemeteries and Crematoria Regulations 2005 and the Cemeteries (Incorporation of Trusts) Regulations 1995 may be found by searching the website  http://www.legislation.vic.gov.au.

The burial of bodies is in perpetuity but after 10 years the holder of a burial right can apply for lift and repositioning of a body in order to reuse the grave.

The burial of cremated remains may be for a 25 year period or in perpetuity (different charges apply).

Disclaimer: All information is supplied in good faith but no guarantee can be given as to its accuracy. All details are subject to change without notice. Inclusion of a cemetery, crematorium, other facility or service does not imply endorsement or recommendation.