The Law Handbook 2024

922 Section 9: Health, wills and other legal issues affecting older people There is no statutory requirement for the dis­ posing of cremated remains, but if one wishes to inter ashes within the grounds of an appropriate institution it should be noted that some local churches have provision for the interment of parishioners’ ashes in a memorial garden. This may be substantially less costly than interment in the grounds of a cemetery. Permission for the scattering of ashes is not generally required. However, if the ashes are to be scattered on private property or in some public places, the consent of the owners of the property should be obtained as a fee may be payable for the scattering of the ashes if it is allowed. Donation of body for anatomical research Persons with lawful custody of a body may permit it to undergo anatomical examination unless to their knowledge the deceased, during their lifetime, either in writing or verbally in the presence of two or more witnesses during the final illness, expressed the wish that their body should not undergo such examination, or unless the surviving spouse or senior next of kin requires the body to be interred or cremated without such examination (s 28 Human Tissue Act 1982 (Vic) (‘ HT Act ’)). The body of any person who dies in a public hospital or other public institution may, in some circumstances, be used for anatomical research, unless to the knowledge of the licensee of the institution the deceased had expressed a desire either in writing (at any time during their lifetime) or verbally in the presence of two or more witnesses during the final illness that their body should not undergo such examination, or unless the surviving spouse or senior next of kin of the deceased requires the body to be interred or cremated without examination (s 32 HT Act). A printed copy of this section of the HT Act must be posted in the entrance hall or other conspicuous place of every penal establishment or public hospital (except psychiatric hospitals). A deceased person’s surviving spouse or senior next of kin can prevent such an examination if they require the body to be interred or cremated without such examination. The option of donating one’s body to anatomical research is no longer open in practice. Currently, supply exceeds demand in the university medical schools and for the time being such donations are not being accepted. The position is different with regard to parts of the body such as kidneys and eyes which, if in good condition and removed from the body soon after death, may be used in transplant operations. The HT Act (ss 26, 26A) provides that an adult may authorise the use of their body for transplant purposes. Appropriate notification should be carried at all times if this is desired. Coffins In Victoria a coffin is necessary for both burials and cremations. It must be a hygienic, closed receptacle soundly constructed of substantial wooden or other approved materials in such a way as to prevent the escape of offensive liquids or exhalations (reg 13; pts 4, 5, 6 C&C Regulations). Coffin makers (funeral directors’ suppliers) often refuse to sell direct to the public and, for obvious reasons, funeral directors are unwilling to do so. By law, so long as the coffin fulfils the above requirements, it can be constructed by a private individual. The price of a purchased coffin or casket will greatly affect the cost of a funeral. Coffins that taper to the heel are generally less expensive than the rectangular caskets. Taking a body interstate If one wishes to bring a body into Victoria from interstate, the law of the place where the death occurred must be complied with when taking the body from that place. So long as all the legal requirements have been complied with, a body may be transported interstate from Victoria. This can be done by a private individual. No special cars or coffins are required, but a standard of decorum should be maintained. After burial or cremation Death notices A death notice published in a newspaper or on the internet is not required by law. It is primarily a social formality but can also serve important