The death of a loved one is always a difficult and emotional time, and dealing with the organisational responsibilities that come with it can make things even harder. Hiring a funeral director is not a legal requirement, but it does make the arrangements flow more smoothly. You also don’t need to hold a funeral or cremation ceremony, it’s just something that most of us prefer to do to honour the passing of our loved ones.
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It’s also important to know that the executor of the deceased person’s Will is legally responsible for arranging the funeral or laying your loved one to rest (if you don’t want a funeral). There are three other legal requirements that must be completed (regardless of whether you hold a funeral or not), as follows.
A death certificate is required by law
A person’s death must be declared by a doctor or coroner and a death certificate must be obtained and filed with the appropriate authorities in your state or territory (within seven days of the death). This must take place before your loved one is laid to rest. If the death occurs at home, your GP will most probably provide you with the death certificate.
If the death is unusual or suspicious however, a coroner may need to investigate the issue. In this case, you won’t receive your loved one or the death certificate until the investigation has been completed. You must also inform Centrelink of the death, because it’s illegal to continue to receive your loved one’s benefits following their death.
With the death certificate to hand and once you have notified Births, Deaths and Marriages, you are able to lay your loved one to rest. A funeral director will ask you for the death certificate and will make all these notifications for you, if you decide to go that route.
Legal requirements for transporting your loved one
transport your loved one to their place of rest, whether via a funeral home or not, it’s a legal requirement that they are transported in a coffin or casket. You can make a coffin yourself, but whatever the source of the coffin or casket it must adhere to strict health laws. This means that it must be constructed in such a way that any emissions are contained inside the coffin or casket and if you decide on cremation, it must also be combustible. For cremation, you must also obtain a cremation certificate from the attending medical practitioner or coroner.
Legal requirements for laying your loved one to rest
Once you have the death certificate, you can lay your loved one to rest immediately, as there is no required waiting period. All burials must occur in an authorised cemetery and the necessary paperwork must be completed. If you decide on a cremation, the crematorium will give you a time to collect the ashes, which you can take home, inter in a crematorium or disperse as per your loved ones wishes.
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Peter Erceg
Peter Erceg is the Founder and Owner of eziFunerals — Australia’s Independent Funeral Planning Authority. With more than 40 years of experience in government and public health, Peter has become one of the country’s leading voices on funeral transparency, consumer rights, and ethical funeral practices. Through eziFunerals, Peter has built a national platform that empowers Australian families to make informed end-of-life decisions — free from pressure, commissions, and confusion. His goal is simple: "to help every Australian plan smarter, save money, and choose funeral services with confidence." 🕊 eziFunerals was founded by Peter in 2011, as an independent funeral comparison and planning platform that allows consumers to: • Compare local funeral directors and transparent quotes, • Understand real funeral costs across Australia, and • Connect with trusted, independent funeral homes that uphold the Fair Funeral Promise. As Australia’s Independent Funeral Planning Authority, eziFunerals is recognised by media, consumers, and funeral professionals for its leadership in price transparency and consumer protection. “We believe every family deserves a fair, dignified, and affordable farewell — without hidden fees or sales pressure.” 📘 Peter is the author of What Kind of Funeral: A Self-Help Guide to Planning a Meaningful Funeral, a practical guide that has helped thousands of Australians understand their options and avoid unnecessary costs. He regularly contributes articles and commentary on: • Funeral cost transparency and industry reform, • Prepaid funerals and consumer protection, • Emerging trends in eco-friendly and digital memorials, and • The role of AI and technology in end-of-life planning. 🎙 Peter and eziFunerals have been featured in major Australian media outlets including ABC News. His insights continue to shape the national conversation on funeral costs, consumer rights, and ethical practices in the funeral industry. ⚖️ Disclaimer: The views and opinions expressed by Peter Erceg are his own and do not necessarily reflect those of eziFunerals or its members. The information provided on this site is general in nature and should not be taken as personal, legal, or financial advice. Consumers are encouraged to conduct their own research and compare funeral services that best meet their needs and circumstances.