Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageBurial and Cremation Regulations 2025
7 April 2025
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Burial and Cremation Act 2019.
These regulations may be cited as the Burial and Cremation Regulations 2025.
These regulations take effect on 27 May 2025.
In these regulations –
Act means the Burial and Cremation Act 2019;
alkaline hydrolysis means a process in which human remains – are placed in a solution of water and alkali in a pressurised chamber; and are heated, in that chamber, to a temperature that causes the human remains to be reduced to a sterile liquid and bones;
authorised officer means an authorised officer as defined in section 3(1) of the Act;
bodily discharges includes blood, gas and bodily waste;
certificate of exclusive right of burial means a certificate issued under regulation 27;
coffin means a box, case, or other receptacle, designed for, and into which, human remains are placed for storage, movement, cremation or interment;
container means a container, bag, or other receptacle, into which human remains are placed for storage or movement;
coroner has the same meaning as in the Coroners Act 1995;
coroner’s certificate means a certificate issued by a coroner in accordance with section 32 of the Coroners Act 1995;
cremation permit means a permit, authorising cremation, issued and in force under Division 2 of Part 4;
declaration of life extinct means a declaration of life extinct referred to in regulation 10;
Director of Local Government meansDirectoras defined in the Local Government Act 1993;
Director of Public Health means the person appointed as Director of Public Health under section 6 of the Public Health Act 1997;
employee means a person who is employed in a regulated business;
grave means – an interment plot; or a vault; or any other site or structure – in which human remains are interred;
identification tag means an identification tag referred to in regulation 11;
implanted medical device means a medical device, implanted in a person, that may cause an explosion if the body of that person, when deceased, is cremated, and includes, but is not limited to, any of the following:a battery; radioactive material; a cardiac pacemaker;
manager means a person who, either alone or with others, manages, operates, or is in day-to-day control of, a regulated business;
medical certificate means – a certificate certifying the cause of a person's death given by a medical practitioner under section 35(3) of the Births, Deaths and Marriages Registration Act 1999; or a notice or certificate that is issued and is in force under a law of the Commonwealth, another State, a Territory, or any other place outside this State, that corresponds to a certificate of the kind referred to in paragraph (a);
midwife means a person registered under the Health Practitioners Regulation National Law (Tasmania) in the midwifery profession;
nurse means a registered nurse or an enrolled nurse;
officer of the Ambulance Service means officer of the Ambulance Service as defined in the Ambulance Service Act 1982;
proclaimed war means any war or hostilities or special assignment in which any of the naval, military or air forces of the Crown or of the Commonwealth of Australia have been, are, or may be, engaged;
Registrar of Births, Deaths and Marriages means Registrar as defined in the Births, Deaths and Marriages Registration Act 1999;
reportable death means reportable death as defined in the Coroners Act 1995 but does not include a death that is, by virtue of section 93(2) of the End-of-Life Choices (Voluntary Assisted Dying) Act 2021, not a reportable death for the purposes of the Coroners Act 1995;
responsible person means – a nurse; or an officer of the Ambulance Service; or any other person who, in the opinion of a medical practitioner, has the knowledge and skills necessary to determine if – the person who has been notified as dead is in fact dead; and the death is a reportable death;
service or duty includes – any naval, military or air service in any proclaimed war; and any special defence undertaking within the meaning of section 6 of the Defence (Special Undertakings) Act 1952 of the Commonwealth; and any peacetime activities, including any peace-keeping activities; and any training activities conducted in conditions simulating war or war-like activities;
spouse includes the other party to a significant relationship, within the meaning of the Relationships Act 2003;
tray means a tray or table on which human remains are placed before being placed in a coffin;
vault means – a compartment in a mausoleum; or a compartment in an underground chamber – in which human remains are or may be interred;
veteran means a person – who is, or has been, employed as an officer, or a member, of the naval, military or air forces of – the Commonwealth of Australia; or the Crown or an ally of the Crown; and who, while so employed, performed a service or duty.
If the Director of Public Health considers it in the interests of public health or public safety to do so, the Director, by notice in writing given to a person, may direct that the person is to take any action specified in the notice relating to – the handling, transportation and storage of human remains; or the conduct of a regulated business.
A person must comply with a notice given under subregulation (1). Fine not exceeding 20 penalty units.
If the Director of Public Health considers it in the interests of public health or public safety to do so, the Director, by notice in writing given to a manager, may direct that the manager is to take any action specified in the notice relating to – appropriate hygiene practices; and the appropriate handling and disposal of – medical instruments; and infectious material; and any other article or thing that may be contaminated; and the use of aseptic techniques.
A manager must comply with a notice given under subregulation (3). Fine not exceeding 20 penalty units.
If a person reasonably believes that another person has died, he or she is to notify any of the following persons of that death as soon as practicable:a police officer; a medical practitioner; a nurse; a midwife; an officer of the Ambulance Service.
A police officer, nurse, midwife or officer of the Ambulance Service who is notified of a death under subregulation (1) is to notify a medical practitioner of that death as soon as practicable.
A medical practitioner who receives notification of a death under regulation 5(1)(b) or regulation 5(2) is to take one of the following actions within 8 hours after receiving that notification:attend the place of death; arrange for another medical practitioner to attend the place of death; arrange for a responsible person to attend the place of death.
A medical practitioner is not to make an arrangement for a responsible person to attend a place of death under subregulation (1)(c) unless the responsible person is capable of carrying out, and willing to carry out, that arrangement.
Another medical practitioner with whom an arrangement is made under subregulation (1)(b) is to attend the place of death within 8 hours after notification is received under regulation 5.
A responsible person with whom an arrangement is made under subregulation (1)(c) is to attend the place of death within 8 hours after notification is received under regulation 5.
A medical practitioner who attends a place of death under regulation 6(1)(a) or in accordance with an arrangement under regulation 6(1)(b) is to – issue a medical certificate, if satisfied that – the person who has been notified as dead is in fact dead; and the death is not a reportable death; and an identification tag is attached to the human remains in accordance with regulation 13; or issue a declaration of life extinct, if satisfied that – the person who has been notified as dead is in fact dead; and an identification tag is attached to the human remains in accordance with regulation 13; or notify a police officer or a coroner of the death, if the medical practitioner believes that the death is a reportable death.
On issuing a declaration of life extinct under subregulation (1)(b), a medical practitioner is to – issue a medical certificate, if satisfied that the death is not a reportable death; or specify in the declaration of life extinct the name of another medical practitioner who has agreed to issue a medical certificate.
After receiving a duplicate copy of a declaration of life extinct under regulation 10(5)(b), a medical practitioner is to issue a medical certificate.
A responsible person who attends a place of death under regulation 6(1)(c) is to – issue a declaration of life extinct if satisfied that – the person who has been notified as dead is in fact dead; and an identification tag is attached to the human remains in accordance with regulation 13; or notify a police officer or a coroner of the death, if the responsible person believes that the death is a reportable death.
A responsible person who issues a declaration of life extinct under subregulation (1) is to specify in that declaration – the name of the medical practitioner who, in accordance with regulation 6(1)(c), arranged for that responsible person to attend the place of death; and the name of the medical practitioner who is to issue a medical certificate in relation to the deceased person to whom the declaration relates.
A nurse, or an officer of the Ambulance Service, who attends a place of death of a person, other than under regulation 6(1)(c) – if satisfied that – the person who has been notified as dead is in fact dead; and an identification tag is attached to the human remains in accordance with regulation 13 – is to partially complete the declaration of life extinct in relation to the deceased person by filling out the part of that declaration that indicates that the nurse or officer is satisfied as to the matters referred to in subparagraphs (i) and (ii); or is to notify a police officer or a coroner of the death, if the nurse or officer of the Ambulance Service believes that the death is a reportable death.
A nurse, or an officer of the Ambulance Service, who partially completes a declaration of life extinct under subregulation (3) is, if not intending to complete the declaration under subregulation (5), to ensure that, before leaving the place of death to which the declaration relates, the nurse or officer provides the declaration to – a person referred to in subregulation (5) for completion by that person under subregulation (5); or a person who will provide the declaration to a person referred to in subregulation (5) for completion by that person under subregulation (5).
A police officer, a nurse, a midwife, or an officer of the Ambulance Service, who – attends a place of death, other than under regulation 6(1)(c), in relation to a deceased person; and knows the name of the medical practitioner who is to issue a medical certificate in relation to the person – is to complete the declaration of life extinct, if any, in relation to the deceased person, that has been partially completed under subregulation (3) and is in the possession of the police officer, nurse, midwife or officer of the Ambulance Service, by filling out the part of the declaration that specifies the name of the medical practitioner who is to issue a medical certificate in relation to the person.
When a declaration of life extinct in relation to a deceased person is completed by a person under subregulation (5), the declaration is taken to have been issued by that person.
A declaration of life extinct is to be in a form determined by the Director of Local Government.
The Director of Local Government may approve – a form for a declaration of life extinct for the purposes of regulation 7(1)(b) and regulation 9(1)(b); and a form for a declaration of life extinct for the purposes of regulation 9(3) and (5).
A form determined by the Director of Local Government in relation to a declaration of life extinct is to provide for the provision of information that, in the interests of public health or public safety, the Director considers appropriate.
The declaration of life extinct is to be issued in triplicate.
The person issuing the declaration of life extinct is to, as soon as practicable – hand the original copy of the declaration to the person who apparently has custody of the human remains; and forward the duplicate copy of the declaration to the medical practitioner named in the declaration as the medical practitioner who is to issue a medical certificate; and forward the triplicate copy of the declaration to the Registrar of Births, Deaths and Marriages.
A person must not complete any part of a declaration of life extinct if that person – knows that he or she is related to the deceased person; or has, in the previous 5 years, had a fiduciary relationship with the deceased person; or has any pecuniary interest in the estate of the deceased person. Fine not exceeding 20 penalty units.
An identification tag is to be in a form approved by the Director of Local Government.
Showing the first 12 of 77 provisions. See all provisions