The Law Handbook 2024

Chapter 9.5: Funerals 919 of the death and it is appropriate to give such a direction (s 25(2)). Within 48 hours of receipt of notice from the coroner, the senior next of kin may ask the coroner to reconsider the decision (s 26(2)). The senior next of kin must be notified of the result of the coroner’s reconsideration. The autopsy still cannot take place until 48 hours have elapsed from the time the senior next of kin is notified of the result of the coroners’ reconsideration, so that the senior next of kin may apply to the Supreme Court to have the decision overturned (s 26(2), (3)) if they wish to take that step. The appeal is heard before a single justice of the Supreme Court (s 79). The coroner has the power to make recom­ mendations to any minister, public statutory authority or entity regarding any matter where a death or fire has been investigated (s 72). The public statutory authority or entity receiving the recommendations is obliged to respond within three months (s 72(3)). Unless otherwise ordered by a coroner, a coroner’s findings, comments and recommendations made following an inquest must now be published on the internet (s 73). The registration of a death NOTE Unless stated otherwise, all references to legislation in this ‘Registration of a death’ section are references to the Births, Deaths and Marriages Registration Act 1996 (Vic). Under section 34 of the Births, Deaths and Marriages Registration Act 1996 (Vic) (‘ BDMR Act ’), when a person dies in Victoria, their death must be registered in Victoria. When a person dies outside of Victoria, but leaves assets in Victoria, their death may be registered in Victoria (s 34). A doctor who attended a person during their last illness, or who examined the body after death, must sign and send to the BDM registrar and the funeral director concerned, a notification of the death, as prescribed by section 37(1) of the BDMR Act, within 48 hours of the death. This notification must be supplemented by a completed form given to the BDM registrar within seven days of the disposal of the body by the funeral director or the person who has custody of the body (s 39(1)). If the remains are not disposed of within 30 days of the death, the funeral director or the person disposing of the body must notify the registrar of this fact in the manner prescribed by the registrar. Failure to do so is an offence (s 39(2)). The name and address of the medical practitioner who certified the death can be found on the death certificate (under rule 8 of the Births, Deaths and Marriages Registration Regulations 2019 (Vic) (‘ BDM Regulations ’), deaths are to be notified by medical practitioners online at www.bdm.vic.gov.au/medical- practitioners) . The details required to be completed are set out in the BDM Regulations (r 8). Such notice within 48 hours of the death is to be sent to a funeral director (www.bdm.vic.gov.au/service- partners/funeral-directors) but shall not be issued if the doctor is required to report the death to a coroner or a police officer (s 37(4) BDMR Act). Where a death occurs in hospital, these legal requirements will be seen to by the medical staff (s 39(1)). If the death occurs in a private house, by the funeral director. If the services of a funeral director have not been obtained and the death occurs in a private house, notification must be forwarded to the BDM registrar in the prescribed form. This form can be obtained, free of charge, from the office of the BDM registrar by the person disposing of the body (s 39(1)). Arranging a funeral Procedure before burial or cremation Once the cause of death has been ascertained – either by a medical practitioner or by the coroner at the Coroners Court where reportable death cases are taken – the coroner will release the body, which then may be taken for burial or cremation (s 47 Coroners Act). In practice, this almost always means that the body is conveyed to the undertaker. If the body is with the coroner, an application must be made to the coroner to release the body (s 48). Under the Coroners Act (s 48), the coroner can decide who the body is released to, having considered the factors set out in the Act (s 48). This decision can be appealed in the Supreme Court (s 85). If two or more persons apply for the release of a body in the custody of the coroner, the coroner must decide who has the better claim to the body. In making this decision, the coroner must consider