What are the rules around dead bodies?

Insight explores one of the surest events in our lives - death - and how we mark it. We look at 10 rules around dead bodies.

Photo by Hans van den Berg.

Photo by Hans van den Berg.

1. Want to take the body home yourself? Not many people know that it is completely legal for family and friends to move a body from an institution (hospital, nursing home, hospice care etc) and transport it back home.

In the book Funeral Rights, Victorian barrister Robert Larkins says it would be no surprise, however, if this request was met with some resistance from medical staff (mainly because the requests are few).

2. It is also completely legal to carry a dead body in a private vehicle. In NSW the body must be wrapped in a sheet of thick plastic, 2.4 metres by 1.5 metres, and should not be transported for more than eight hours while unrefrigerated.

3. In Australia, NSW is the only state with rules that specify how long a deceased person can be kept at home or without refrigeration. Larkins says the lack of regulation in other states for dealing with a dead body is probably because "the practice of caring for the body at home has been fairly absent since the 1920's".

4. In NSW, a person who is not a funeral director cannot retain a body for more than five days from death. But the Director General may approve a body being detained for longer than five days.

5. A person cannot bury or cremate a body unless it is placed in a coffin and the coffin has been securely sealed.

6. It is legal to bury a body on private land, but gaining permission requires time. This means dealing with your local area government and health and environment authorities. If you have a mortgage, the bank might want to know how a grave may affect the value of the property. As well, there are different rules for private burial within each state.
1025_tombstone-resize.jpg


Photo: Denis-Carl Robidoux


7. Some community and religious groups have been given permission by the Director-General to bury loved ones in a shroud rather than a coffin because tradition requires the person to be in direct contact with the earth. See: Burials - Exemptions from Public Health Regulation 2012 for Community and Religious Reasons.
8. Prefer to be buried at sea? That will set you back $1675. It's not an automatic right and and you'll need to show that you have a long-standing connection to the sea to have that request considered. Applications should be posted in to the Department of Sustainability, Environment, Water, Population and Communities.

9. If the person is cremated, you'll still need to get permission from the master of the vessel or boat before scattering the ashes at sea.

10. Some people can choose to donate their bodies to science under the Anatomy Act.


Share
Follow Insight
Insight is Australia's leading forum for debate and powerful first-person stories offering a unique perspective on the way we live. Read more about Insight
Have a story or comment? Contact Us

Insight is Australia's leading forum for debate and powerful first-person stories offering a unique perspective on the way we live.
Watch nowOn Demand
Follow Insight
3 min read

Published

By SBS Insight
Source: Insight

Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world