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Australian State Burial and Cremation Acts & Regulations

There is no legal reason why cardboard caskets cannot be used for funerals anywhere in Australia. The table below outlines the relevant State and Territory legislations and regulations for coffins and caskets in Australia.

State

Act Title

Extract

SA

South Australia - Cremation Regulations 2001

Section 9 Coffins

(1) A funeral director or other person arranging for the cremation of the remains of a deceased must ensure that the coffin to be used for the cremation—

(a) is constructed of timber or material derived from timber that will not release organochlorines during incineration in a crematorium; and

(b) is constructed so that it will not distort or collapse on being subjected to the kind of handling to which a coffin is likely to be subjected during the normal course of events leading up to a cremation (including handling when damp); and

(c) does not have cross pieces projecting from its base; and

(d) subject to subregulation (2), is lined internally with impervious material that is at least 100 µm thick and of such a nature as to prevent the leakage of body fluids from the coffin; and

(e) subject to subregulation (3), contains only material suitable for combustion in the course of a cremation; and

(f) bears a name plate or inscription stating the family name and at least one other name of the deceased whose remains are to be cremated in the coffin.

Maximum penalty: $2,500.

 

(2) A coffin need not be lined with impervious material if—

(a) the body, when placed in the coffin, is completely enclosed in a bag made of impervious material at least 100 µm thick; and

(b) the bag is effectively sealed so as to prevent leakage of body fluids from the body into the coffin.

 

(3) Materials that are not suitable for combustion in the course of a cremation may be used on the exterior of a coffin if they can be removed easily prior to cremation.

WA

Cremations Act 1929

WA Cremations Regulations 1954

No mention of coffin requirements in their Act or in their Regulations

QLD

Cremations Act 2003

Regulations 2003

No mention of coffin requirements in either Act or the Regulations

 VIC

 Victorian Cemeteries and Crematoria Regulations 2005

Part 5 – CREMATION

16. Requirements for enclose of body remains and body parts

A person must not bring bodily remains or body parts to be cremated into a public cemetery, or convey those remains or body parts within a public cemetery, unless those remains or body parts are enclosed in a coffin, container or receptacle –

(a) with a flat base: and

(b) that is clean and hygienic; and

(c) that is constructed of wood, or other substantial material that is combustible and that will not –

      (i) impede the cremation process; or

      (ii) cause damage to the cremator; and

(d) that will not give rise to noxious emissions when burnt; and

(e) from which neither offensive or noxious emissions nor matter from the bodily remains or body parts will escape.

 

17. Inspection of coffins and containers

If bodily remains or body parts are to be cremated in a crematorium at a public cemetery for which a cemetery trust is responsible pursuant to cremation authorisation or a cremation approval, or in the case of body parts, pursuant to an authority under section 150 of the Act, a cemetery trust may inspect any coffin, container or other receptacle containing those remains or body parts and the contents of that coffin, container or receptacle if the cemetery trust is of the opinion that the coffin, container or other receptacle or its contents could –

(a)     impede the cremation process; or

(b)     cause damage to the cremator

ACT

Cemeteries and Crematoria (Code of Practice) Approval 2007

 

http://www.legislation.act.gov.au/es/db_28875/current/pdf/db_28875.pdf

The new Code of Practice is substantially the same as the previous code, except in the clauses which deal with acceptable coffins fur burial and cremation. The new Code removes any legislative impediment to the use of cardboard coffins, although such coffins (like all other coffins) must satisfy the requirements of the relevant approvals and acts.

NSW

Public Health (Disposal of Bodies) Regulation 2002

Guidelines for the Funeral Industry

i.       Standards for Coffins

The regulation does not specify standards for coffins other than requiring that they have a securely fitting lid.

 

The Regulation spells out the requirements for body bags – type of material, thickness, size of bag.

TAS

Burial and Cremation (Handling of Human Remains) Regulations 2005

25. Coffin construction

(1) A person arranging for the interment or cremation of human remains must ensure that the coffin used for the interment or cremation is –

       (a) impervious so as to prevent the escape of bodily discharges, contaminants or infectious materials; and

        (b) of sufficiently robust construction to enable the coffin and the human remains to be disposed of in accordance with the Act.

Penalty:

Fine not exceeding 10 penalty units.

(2) A manager may refuse to accept a coffin for cremation if, in his or her opinion, it is made from, or contains, any material which is likely to –

           (a) damage any equipment in the crematorium; or

           (b) be injurious to public health or public safety.