Funeral Services

A register of burial in Australia, published by Dotto

Sheet 1Register and plan

Funeral services: burial, and the practical steps after a death

Funeral Services is a guide to burial in Australia and to the practical steps after a death, written and published by Dotto. It is laid out like a cemetery’s own register: six entries, each a section on the plan, each built from the pages of the state agencies and laws that set the rules.

Burial law belongs to the states. A grave in Sydney is held under an interment right, one in Melbourne under a right of interment, one in Perth under a grant of right of burial and one in Hobart under an exclusive right of burial, so every entry names the state a rule comes from and lists its sources at the foot of the page.

General information, not legal advice. Rules differ between states and change over time. The cemetery, or the state’s cemetery regulator or health department, can say how they apply to a particular grave.

Plan of the guide: six sections, A to F, around two avenuesABCDEF
Row 1

The register

Row 2

One right, five names

Nobody buys the ground in a cemetery. What changes hands is a right to have remains placed in one particular site, and the holder decides who is buried there. In NSW, Cemeteries & Crematoria NSW says a right gives no title in the land, and Victoria’s Department of Health notes that every public cemetery in that state sits on Crown land.

New South WalesInterment right
VictoriaRight of interment
South AustraliaInterment right
Western AustraliaGrant of right of burial
TasmaniaExclusive right of burial

How long each one lasts, and what happens to it when the holder dies, is set out in Section A, burial rights and cemetery plots.

Row 3

Words on the plan

Interment
Placing remains in their resting place. In NSW the word covers a body or ashes, in the ground or in a structure above it.
Perpetual and renewable
A perpetual right lasts forever. A renewable right runs for a set term and can be extended; in NSW a renewable right for a burial has an initial term of 25 years.
Natural burial
South Australia’s law describes it as burial in the ground with no chemical preservatives, the body held only in a shroud or a biodegradable coffin.
Lift and reposition
A Victorian procedure that raises the remains already in a grave, deepening it if needed, to make room for a later burial. A trust may not approve it within 10 years of the earlier burial.
Exhumation
Taking remains out of the place where they were interred. NSW, Victoria, Western Australia and Tasmania each require an approval or licence first. In South Australia, the Attorney-General’s approval is needed to exhume bodily remains (a term its Act defines to leave out cremated remains), unless they are exhumed under a warrant issued under the Coroners Act 2003.
Row 4

The first days

Services Australia sets out what happens soon after a death. These are the parts that come before any decision about burial.

  1. A doctor confirms the death

    Where the death was expected, the person’s doctor is called to sign a certificate confirming it. In a hospital, a hospice or an aged care home, the staff arrange the doctor.

  2. The death is registered

    Every death is registered with the births, deaths and marriages registry of the state or territory, which then issues the death certificate. Where there is a funeral, the funeral director usually lodges the registration.

  3. Services Australia is told

    If the person was receiving a payment, Services Australia needs to be told within 28 days, so its records can be updated and the person is not overpaid.

  4. Wishes are found

    A will and the person’s papers may say what they wanted, including whether they wanted a service at all. Services Australia notes that a funeral is not a legal requirement in Australia.

The many other organisations to tell, and the government service that tells several at once, are in Section F.