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QUEENSLAND

CREMATION

In the case of an expected death
 

  • Call police, ambulance or patient’s doctor. Paramedics, registered nurse or doctor will complete a ‘life extinct form’. (Police can only issue Life Extinct Form in some circumstances (‘obvious deaths’). The above will help you contact the person’s doctor or health care representative to issue a ‘cause of death certificate’ (Form 9).

    Life Extinct form: 
    https://metrosouth.health.qld.gov.au/sites/default/files/life-extinct-form.pdf

     

  • In Queensland, a death needs to be registered within 14 days from the date of death. It’s free to do and you can order and pay for a certificate at the same time.

    You will need:
    Death registration application (Form 8)

  • Apply for death certificate via Births, Deaths and Marriages. There is a fee involved.
     

  • THE CREMATION ITSELF:
    An application can be made to an independent doctor:
    Form 1 ‘Application for a permission to cremate’  (Section 6 (1) ).
    A copy of the ‘cause of death certificate’ (Form 9) is needed here too, and,
    Form 2 - Cremation risk certificate (unless the cause of death certificate was not issued in Queensland and a cremation risk certificate has not been issued). 

     

  • The independent doctor may give permission to cremate by issuing a Form 4 (Cremations Act) – Permission to cremate. The doctor must be satisfied the death is not a reportable death and there is no cremation risk.
     

  • If an independent doctor issues ‘a permission to cremate’, the doctor must arrange for the application for permission to cremate, including any documents accompanying the application, to be given to the person in charge of the crematorium where the deceased person is cremated.
     

  • The Law handbook says "Generally, following an approval, the deceased’s body will be released to the family so that they can organise the funeral. In practice, the funeral director will usually collect the body from the mortuary and prepare for burial or cremation. Sometimes family members collect and transport the body themselves to reduce conveyance costs." Source: Queensland Law Handbook
     

  • Once you have the:

    • Cause of death certificate (Form 9)

    • Permission to cremate,

       a cremation can be carried out.

  • Transportation to the crematorium: In Qld, there is ambiguity around keeping the deceased at home and transportation. Unlike in some other states, there is no mention of this in any legislation or regulation. While there is nothing that says you can, there is nothing that says you can’t. Approaches to police and the health department have shed no light. They have been unable to answer queries about this either. It is unclear whether transportation liability insurance is needed. Talk to your insurance provider.

    Note - May be best to make an official request for clarification (and a regulation update) to the Qld Premier, bypassing the health and police departments who have been unable to assist to date.

    Also, ask for clarification (and a regulation update) regarding the release of the deceased from state-run hospitals into family care.

In the case of an unexpected death
 

  • Call police, ambulance or patient’s doctor. Paramedics, registered nurse or doctor will complete a ‘life extinct form’. Police can only issue Life Extinct Form in some circumstances (‘obvious deaths’.) The above will help you contact the person’s doctor or health care representative to issue a ‘cause of death certificate’.

    Life Extinct form can be found here.

     

  • If the doctor is unable to establish a probable medical cause, they or the police will make a report to Coroner in writing (Form 1 for police, form 1A for hospitals/doctors.) This is known as a ‘reportable death’.

    Once notified, the coroner will decide whether a coronial investigation is required.

    (Coronial Family Services counsellors 1800 449 171 can offer support to next of kin at this time.

     

  • If an investigation is carried out, a report will be sent to family, outlining the cause of death. A form showing the cause of death will be forwarded to the Registry of Births, Deaths and Marriages. Once this happens the death is officially registered, and a death certificate will be issued.

    Submit a “Request for Form 14 – Order for release of body for burial (including cremation)” (Coroners Act 2003).  This form is forwarded to the coroner investigating a death.

    Request for
    form 14.

    At the same time, submit the Application for a Permission to Cremate (Form 1 – Cremations Act 2003)

    The coroner may give permission to cremate by issuing a Form 3 – Permission to cremate (coroner)****. This may occur when the coroner authorises the release of the deceased person and is satisfied there is no cremation risk.

    Note: **** these form notes in brackets are important in Qld as there are similar forms relating to different Acts.

     

  • Coroner clears body for release on Form 14 (Coroners Act), usually to Funeral Director but can be the executor of will/next-of-kin – depending on the cause of death may be subject to adequate storage facilities*.

    A copy of this order must be forwarded by the Coroner to the Registrar General, Births, Deaths and Marriages (section 97 of the Coroners Act 2003). The form shows the medical cause of death. The form allows the Registry of Births Deaths and Marriages to officially register the death.

    The family then applies for a copy of the death certificate from the
    Registry of Births Deaths and Marriages.

     

  • Note: The Law handbook says "Generally, following an approval, the deceased’s body will be released to the family so that they can organise the funeral. In practice, the funeral director will usually collect the body from the mortuary and prepare for burial or cremation. Sometimes family members collect and transport the body themselves to reduce conveyance costs." Source: Queensland Law Handbook
     

  • Once you have the:

    • ​Cause of death certificate

    • Permission to cremate

    • And the Coroner’s Form 14**,

       a cremation can be carried out

  • Transportation to the crematorium: In Qld, there is ambiguity around keeping the deceased at home and transportation. Unlike in some other states, there is no mention of this in any legislation or regulation. While there is nothing that says you can, there is nothing that says you can’t. Approaches to police and the health department have shed no light. They have been unable to answer queries about this either.

    It is unclear whether transportation liability insurance is needed. Talk to your insurance provider.

    Note: It may be best to make an official request for clarification (and a regulation update) to the Qld Premier, bypassing the health and police departments who have been unable to assist to date.

    Also, ask for clarification (and a regulation update) regarding the release of the deceased from state-run hospitals into family care.

     

  • Qld has privately owned and local government-owned and run crematoriums. Each will have its own policies and booking forms. Private cremation requests will likely be assessed on a case-by-case basis. Generally, the deceased must be enclosed in a coffin, the minimum to be a cardboard coffin

BURIAL

In the case of an expected death
 

  • Call police, ambulance or patient’s doctor. Paramedics, registered nurse or doctor will complete a ‘life extinct form’. (Police can only issue Life Extinct Form in some circumstances (‘obvious deaths’). The above will help you contact the person’s doctor or health care representative to issue a ‘cause of death certificate’ (Form 9).

    Life Extinct form can be found here.

     

  • In Queensland, a death needs to be registered within 14 days from the date of death. It’s free to do and you can order and pay for a certificate at the same time.

    You will need:
    Death registration application (Form 8).

  • Apply for death certificate via Births, Deaths and Marriages. There is a fee involved.
     

  • Transportation to the burial ground: In Qld, there is ambiguity around keeping the deceased at home and transportation. Unlike in some other states, there is no mention of this in any legislation or regulation. While there is nothing that says you can, there is nothing that says you can’t. Approaches to police and the health department have shed no light. They have been unable to answer queries about this either.

    It is unclear whether transportation liability insurance is needed. Talk to your insurance provider.

    Note - May be best  to make an official request for clarification (and a regulation update) to the Qld Premier, bypassing the health and police departments who have been unable to assist to date.Also, ask for clarification (and a regulation update) regarding the release of the deceased from state-run hospitals into family care.

     

  • Qld has private and local government-run cemeteries. Each will have its own policies and booking forms.

    Paperwork requirements are:

    • a Certificate of Right of Burial or an Application for gravesite/burial or a similar form. (This form is from the cemetery operator itself eg. council)

    • the “Form 9 – Cause of Death Certificate” (or interstate equivalent).
       

  • Not all cemeteries will allow a funeral to be conducted without a funeral director e.g. all Brisbane City Council cemeteries *

  • An example of some of the requirements that may be encountered when seeking a family-led funeral:

    Gold Coast Council allows funerals without a funeral director however:

    1. ​a permit must be applied for because of a bylaw that stipulates that a Person must not, unless authorised by a permit carry on the business of a funeral director.

    2. anyone conducting business on Council sites must hold public liability insurance ($20 million) with the City of Gold Coast listed as an interested party. This is a condition of the permit that would be awarded to carry out a gravesite/ burial.

    3. If these criteria were met, an induction with a council representative would be required. This induction would include safety around the burial set up. I.e., how to carry on a coffin to the site and onto the lower device, how to lower the coffin (or hand lower if that is what they choose) how to hand back fill etc.
       

In the case of an unexpected death
 

  • Call police, ambulance or patient’s doctor. Paramedics, registered nurse or doctor will complete a ‘life extinct form’. (Police can only issue Life Extinct Form in some circumstances (‘obvious deaths’). The above will help you contact the person’s doctor or health care representative to issue a ‘cause of death certificate’ (Form 9).

    Life Extinct form can be found here.

     

  • If the doctor is unable to establish a probable medical cause, they or the police will make a report to Coroner in writing (Form 1 for police, form 1A for hospitals/doctors.) This is known as a ‘reportable death’.

    Once notified, the coroner will decide whether a coronial investigation is required.

    (Coronial Family Services counsellors 1800 449 171 can offer support to next of kin at this time.

     

  • If an investigation is carried out, a report will be sent to family, outlining the cause of death. A form showing the cause of death will be forwarded to the Registry of Births, Deaths and Marriages. Once this happens the death is officially registered, and a death certificate will be issued.
     

  • Submit a “Request for Form 14 – Order for release of body for burial (including cremation)” (Coroners Act 2003).  This form is forwarded to the coroner investigating a death.

    Coroner clears body for release on Form 14 (Coroners Act), usually to Funeral Director but can be the executor of will/next-of-kin – depending on the cause of death may be subject to adequate storage facilities*.

    A copy of this order must be forwarded by the Coroner to the Registrar General, Births, Deaths and Marriages (section 97 of the Coroners Act 2003). The form shows the medical cause of death. The form allows the Registry of Births Deaths and Marriages to officially register the death.

    Family then applies for a copy of the death certificate from the
    Registry of Births Deaths and Marriages.

    Note: The Law handbook says "Generally, following an approval, the deceased’s body will be released to the family so that they can organise the funeral. In practice, the funeral director will usually collect the body from the mortuary and prepare for burial or cremation. Sometimes family members collect and transport the body themselves to reduce conveyance costs." Source:
    Queensland Law Handbook

     

  • Transportation to the burial ground: In Qld, there is ambiguity around keeping the deceased at home and transportation. Unlike in some other states, there is no mention of this in any legislation or regulation. While there is nothing that says you can, there is nothing that says you can’t. Approaches to police and the health department have shed no light. They have been unable to answer queries about this either.

    It is unclear whether transportation liability insurance is needed. Talk to your insurance provider.

    Note - May be best to make an official request for clarification (and a regulation update) to the Qld Premier, bypassing the health and police departments who have been unable to assist to date.Also, ask for clarification (and a regulation update) regarding the release of the deceased from state-run hospitals into family care.

     

  • For post-coronial burials: Cemeteries Administration must receive:

    1. ​a Certificate of Right of Burial or an Application for gravesite/burial or a similar form. (This form is from the cemetery operator)

    2. the “Form 14 – Order for Release of Body for Burial (including Cremation) (from the Coroner’s Office) (or interstate equivalent)
       

  • Not all cemeteries will allow a funeral to be conducted without a funeral director e.g. all Brisbane City Council cemeteries *
     

  • An example of some of the requirements that may be encountered when seeking a family-led funeral:

    Gold Coast Council allows funerals without a funeral director however:

    1. ​a permit must be applied for because of a bylaw that stipulates that a Person must not, unless authorised by a permit carry on the business of a funeral director.

    2. anyone conducting business on Council sites must hold public liability insurance ($20 million) with the City of Gold Coast listed as an interested party. This is a condition of the permit that would be awarded to carry out a gravesite/ burial.

    3. If these criteria were met, an induction with a council representative would be required. This induction would include safety around the burial set up. I.e., how to carry on a coffin to the site and onto the lower device, how to lower the coffin (or hand lower if that is what they choose) how to hand back fill etc.

RELEVANT LEGISLATION