In Australia, a coffin is generally a legal requirement for both burial and cremation, with limited exceptions. The coffin must be constructed in a way that prevents the escape of bodily fluids and contaminants and is suitable for the chosen disposal method (burial or cremation).
- A coffin or casket is generally required for both burial and cremation.
- Coffin must be lined with impervious material to prevent leakage of fluids, contaminants, or infectious substances.
- The coffin must be constructed to withstand handling during transport and interment or cremation.
- If used for cremation, the coffin must be made of materials that won't release organochlorines during incineration.
- It should not have cross pieces projecting from its base.
- It must contain only materials suitable for combustion.
- A name plate or inscription stating the deceased's surname, at least one given name, and date of death must be present.
- If used for cremation, the coffin must be made of materials that won't release organochlorines during incineration.
- Some cemeteries may have arrangements in place for certain community or religious groups, allowing burial without a coffin.
- An application can be made to a state health department (e.g., NSW Health) for a specific exemption to bury a body without a coffin. This is commonly known as a shroud burial.
- Members of the Muslim faith may have a special dispensation to be buried in a shroud instead of a coffin.
- Some cemeteries may have arrangements in place for certain community or religious groups, allowing burial without a coffin.
Other Considerations:
- If you plan to bury a body on private land, the land must meet specific requirements, including being greater than five hectares, having council approval, and not being in an area that could pollute a water supply.
- While it's customary to have pallbearers carry the coffin, it's generally handled by trained and insured professionals due to workplace health and safety regulations.
For more specific details and regulations, you should consult with a funeral director, cemetery, or relevant state health authorities.
What are the legal requirements for a funeral?
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.
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
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.
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
To 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.
Funeral legal requirements
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.
If you wish to scatter their ashes, you may need to obtain permission from your local council, as the location may be restricted under environment and clean air laws. If your loved one had a strong connection with the sea and wished to be buried at sea, you must obtain a permit in accordance with the Sea Dumping Act. However, you don’t need a permit to scatter your loved one’s ashes in the sea.
For help writing your Will or organising your estate, always talk to a legal expert who can advise you as to the best course of action for your situation.
Funeral legal requirements
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.
If you wish to scatter their ashes, you may need to obtain permission from your local council, as the location may be restricted under environment and clean air laws. If your loved one had a strong connection with the sea and wished to be buried at sea, you must obtain a permit in accordance with the Sea Dumping Act. However, you don’t need a permit to scatter your loved one’s ashes in the sea.
For help writing your Will or organising your estate, always talk to a legal expert who can advise you as to the best course of action for your situation.
How to wrap and carry a shroud
by Tamsin Ramone | Jun 5, 2023
How to Wrap and Carry:
Shrouding has been the way of gently preparing loved ones for their final resting place for thousands of years. Traditionally, female family members and trusted women in the community would prepare the shroud and cleanse and lay out the deceased in the home, surrounded by supportive loved ones. Whilst shrouding remains widespread in many cultures, it has declined in the West in response to trends favouring elaborate coffins and caskets.
However, coffins and caskets come with a price which is not just financial. They are constructed from timber that is often sourced from old growth forests, shipped from distant countries and include toxic and non-biodegradable components. Consequently, their adverse ecological impact is significant.
Our shrouds are sustainable, affordable and locally made in the eastern suburbs of Melbourne. Our design incorporates an oversized hood which folds back for viewing and can be embroidered with motifs or meaningful words. The shrouds are a generous size and suitable for most adults. The ties used to secure the shroud around the body are thick and can be customised with our range of patterned and plain options.
How to Wrap a Shroud:
Our shrouds come in a bag made from the same sustainable materials as the shroud; inside is a shroud, an absorbent liner and three ties.
by Tamsin Ramone | Jun 5, 2023
How to Wrap and Carry:
Shrouding has been the way of gently preparing loved ones for their final resting place for thousands of years. Traditionally, female family members and trusted women in the community would prepare the shroud and cleanse and lay out the deceased in the home, surrounded by supportive loved ones. Whilst shrouding remains widespread in many cultures, it has declined in the West in response to trends favouring elaborate coffins and caskets.
However, coffins and caskets come with a price which is not just financial. They are constructed from timber that is often sourced from old growth forests, shipped from distant countries and include toxic and non-biodegradable components. Consequently, their adverse ecological impact is significant.
Our shrouds are sustainable, affordable and locally made in the eastern suburbs of Melbourne. Our design incorporates an oversized hood which folds back for viewing and can be embroidered with motifs or meaningful words. The shrouds are a generous size and suitable for most adults. The ties used to secure the shroud around the body are thick and can be customised with our range of patterned and plain options.
How to Wrap a Shroud:
Our shrouds come in a bag made from the same sustainable materials as the shroud; inside is a shroud, an absorbent liner and three ties.
- Remove all the items from the bag.
- Lay ties out flat, bearing in mind they will need to be tied around the shoulders, hips and ankles of the person.
- Lay out shroud on top of ties.
- Make sure absorbent liner is positioned in the centre, laying flat with terry facing up.
- Place person on to shroud.
- Fold right hand side over and tuck under the body if necessary.
- Fold up the bottom over the feet.
- At this point you may choose to fold down the hood so it will be tucked into the shroud.
- Fold over the left-hand side and tuck in around the body if necessary.
- If you did not fold the hood down it can be done at this stage, especially if the hood is embroidered.
- Tie up the ties securely around the body.
How to Use the Carrier:
Under Australian law shrouds must have a solid backing for carrying and lowering into the grave. We have designed an innovative cotton carrier that is non-obtrusive and sturdy.
Under Australian law shrouds must have a solid backing for carrying and lowering into the grave. We have designed an innovative cotton carrier that is non-obtrusive and sturdy.
- Lay out ties flat
- Place carrier on top of the ties leaving the handles out
- Lay out the shroud over top of the carrier and wrap it according to the above instructions.
- Tie up ties around the carrier and the shroud to secure them together.
- Lift shroud and carrier by all six handles to achieve a secure and balanced experience.
How to use a burial Shroud Carrier By Tamsin Ramone
 |
| https://www.wikkelgoed.nl/en/folding-a-shroud/ https://colorsofellen.com/en/blog/post/making-a-shroud ...  |
No comments:
Post a Comment