The Law Handbook 2024

917 NOTE The law in this chapter is current as at 1 September 2023. Introduction Many people who find themselves in the position of having to arrange a funeral or cremation are unaware of the full costs involved. Fewer still are aware that these costs can be reduced substantially by members of the deceased’s family or friends making arrangements themselves, rather than engaging the services of a funeral director. Hiring a funeral director or a minister is not required by law. Nor does the law require there to be a formal funeral or cremation ceremony. This chapter explains what the law does require. The role of the coroner NOTE Unless stated otherwise, all references to legislation in this ‘The role of the coroner’ section are references to the Coroners Act 2008 (Vic). Notifying the coroner of a death The Coroners Act 2008 (Vic) (‘ Coroners Act ’) came into force on 1 November 2009. There is a statutory requirement imposed on members of the public generally (s 12), and on medical practitioners specifically (s 13), to notify a coroner – or the police officer in charge of a police station – of a reportable death where there are reasonable grounds to believe the death has not been reported (s 12) (see ‘What is a “reportable death”?’, below). The key sections of the Coroners Act are: • section 13(1), which applies to reviewable deaths and to which deaths the coroner has the discretion to investigate; • section 14, which applies to what deaths must be investigated; • section 15, which applies to reviewable deaths. A person who has reasonable grounds to believe the coroner has not been notified of a reportable death must report the death as soon as possible (s 12). Where a registered medical practitioner is present at or after a person’s death, the medical practitioner must report a reportable death to the coroner without delay (s 10(1)). It is normal practice for the Births, Deaths and Marriages ( BDM ) registrar to report to the coroner any reportable deaths that have not been investigated. A member of the immediate family of a deceased where the death occurs within three months of discharge from an approved mental health service may report the death to the coroner (s 12(2)). The coroner has the power to investigate whether such a death is a reportable death (s 4(2(d))). What is a ‘reportable death’? There is no exhaustive statutory determination of exactly what is a ‘reportable death’. However, section 4(2)(a)–(j) of the Coroners Act sets out categories of cause of death that constitute a ‘reportable death’. These include: • cases where a doctor could not discover the cause of death; • deaths of persons while in custody (s 4(2)(c)); • deaths of patients within the meaning of the Mental Health Act 1986 (Vic) (s 4(2)(d)); • deaths of persons during or as a consequence of a medical procedure as defined by the Coroners Act. • deaths of persons during or as a consequence of a medical procedure (s 4(2)(b)) as defined by s 3 of the Coroners Act. The death of a person who has been assisted to die under the provisions of the Voluntary Assisted Dying Act 2017 (Vic) is not a reportable death for the purposes of the Coroners Act (s 4(3)). 9.5 Funerals Contributor: Lydia Kinda, Barrister