The executor of a deceased person’s will is legally responsible for organising the funeral. There are strict laws and health regulations involved, and a funeral director understands these.

Usually the next of kin will ask the executor to appoint a funeral director to handle all aspects of a funeral. Funeral directors are professionals who are trained in the legal requirements surrounding the storage, transportation and burial of deceased persons. Funeral directors are also aware of the legal requirements involved in cremation. The casket must be lined with plastic and able to be easily handled and sealed, must not be made of metal or any toxic material, if decorative handles are not made of burnable plastic they must be removed before the coffin or casket goes into the cremator, and the coffin or casket is allowed to be made from wood veneer, timber or metal. Laws cover the ceremonial scattering of the ashes. For example, stringent health regulations apply to the scattering of ashes in or near waterways and urban areas. The funeral director will ensure that the crematorium supplies an approved urn or storage device for the ashes. The funeral director will also ensure that all paperwork, such as the death certificate, is signed by the appropriate person and filed with the correct authorities. As well as meeting government regulations, this is important for such things as life insurance claims, taxation, pensions and government benefits.

A funeral director understands the processes for collection of the body from the morgue, and can advise on the legal requirements should the Coroner wish to carry out an autopsy. If the body is to be held for a period of time, such as transport from interstate or overseas, or to be on display for a showing as required by some religions, then the funeral director will perform an embalming process, as specified by laws. There are no set practices following the death of an Aboriginal or Torres Strait Islander. Each family will have its own individual requirements and cultural practices. Families can be assisted by the hospital’s Aboriginal Liaison Officer or the Local Aboriginal Medical Service or Aboriginal Community Organisation. Once the funeral has taken place, the funeral director will apply electronically to the Australian Registry of Births, Deaths and Marriages for a death certificate, on behalf of the next of kin. The Registry of Births, Deaths and Marriages will forward the certified copy directly to the person making the funeral arrangements.

The funeral director, in accordance with state and territory laws, will arrange the supply of a coffin or casket, and the purchase of a burial plot if that is requested by the next of kin or executor. Basically, anywhere in Australia, the documents required for burial or cremation are the same as outlined by the Legal Information Access Centre in NSW: a medical certificate of cause of death “to be completed by a doctor; form of information of death to be completed by the funeral director and lodged with the Registry of Births, Deaths and Marriages within seven days of the death. The next of kin normally provides the information to the funeral director. The documents required for cremation are: medical certificate of cause of death; form of information of death; application for a cremation permit, completed by the next of kin or executor; a cremation certificate completed and signed by the attending practitioner; and either a cremation permit completed and signed by a coroner in coronial cases; a cremation permit completed and signed by a medical referee.