- It is usual for the deceased person to be released to the funeral director who has been contracted by the senior next of kin.
- The law which includes who the deceased person is released, can be found in the Burial and Cremation Act 2019 and probate law and the coroner does not control this. If there is a dispute about who the deceased person should be released to, you can seek legal advice and/or apply to the Supreme Court.
- You are welcome to start making funeral arrangements as soon as you want, but it is preferred not to set a date for the funeral until you are notified that the deceased person is ready to be released (either by the coroner’s court or by your funeral director) as all autopsies are conducted in Hobart.
- You can choose any funeral director you like and arrange a service that you feel is most suited to you and your family. It is a good idea to contact a funeral director early on, let them know that the coroner is involved and ask them what services they provide.
- A contract to provide a funeral is usually a contract between the funeral director and the senior next of kin, or an available responsible person. By signing a contract with a funeral director you are undertaking responsibility for the funeral expenses. If you wish for the funeral account to be sent to a solicitor, for others to contribute to the funeral, or if you are not sure if you can cover the full cost, you should seek some legal advice before signing an agreement.
- The coroner’s court is not able to recommend a funeral director for you to use. Information and contact details for funeral directors in Tasmania can be found here:
- There is often a fee involved when the deceased person has to be transported from the mortuary to a funeral home that is a long way from the mortuary.
- If you want advice on how to arrange for the deceased person to be moved to another state or country for burial or cremation, please seek legal advice.
The Department of Health and Human Services manages an Essential Care Funeral Policy to reduce any risks to public health. The Policy provides for a publicly funded direct committal (a cremation without a service), where the deceased person has not been claimed because they don’t have enough money in their estate to pay for burial / cremation and either:
- there is no one willing to claim the body, or
- their relatives are unable to claim the body because they cannot pay for burial / cremation.
For organisations that provide free legal advice, please go to Who can help.