Guidance

Australia: bereavement information

Updated 2 September 2020

© Crown copyright 2020

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The Commonwealth of Australia – understanding States and Territories The Commonwealth of Australia operates a federal system of government under which powers are divided between a central government and individual states. The six states have their own state constitution, which divides the state’s government into the divisions of legislature, executive, and judiciary.

This means that depending where a person dies the coronial process will be handled by an individual State Judicial system.

There are six states in Australia: New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia. There are also ten Australian territories; the largest of these - Australian Capital Territory (ACT) and the Northern Territory (NT) - are often treated like states because of their significant population sizes.

It is important that you take advice from the Consular staff in the area where the person has died in order to understand the particular state or territory procedures.

1. Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

2. Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

3. How to contact the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7 any day of the year by contacting the Foreign, Commonwealth & Development Office in London on 0207 008 1500.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate online.

The priority of the Foreign, Commonwealth & Development Office is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

4. Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

When someone dies in Australia and the next of kin is in the UK or abroad, Australian authorities normally notify the British Consulate in the area where the person has died. British Consulates will do whatever they can to trace the next of kin as soon as possible and would ask the UK police to pass on the sad news. However you might also be notified about the death directly by someone else, for example a doctor, a social worker or a police officer.

In Australia the seniority of next of kin is usually as follows:

  • spouse / partner / same-sex partner / civil partner
  • adult child (i.e. over 18 years old)
  • parent
  • adult sibling (i.e. over 18 years old)
  • an adult with sufficient relationship to the deceased
  • an ex-partner is not regarded as next of kin

5. Release of information to next of kin

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

Access to information concerning a death is restricted until a Coroner has reviewed the evidence such as post-mortem and police reports. The Australian authorities will usually not provide this information directly to next of kin, or to third parties, including our Consulates, until after the conclusion of the preliminary investigation. The release of any information will usually take several months and in some more complicated instances, years.

6. Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth & Development Office cannot help with these costs.

7. Appointing a funeral director

If you decide to bring your relative or friend to the UK, you may only need to appoint an international funeral director. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

If you decide to hold a funeral or cremation in Australia, you can find a list of funeral directors in Australia.

A relative or a formally appointed representative must instruct a local funeral director in Australia or an international funeral director in the UK for a body to be repatriated to the UK, or buried or cremated in Australia. However if the deceased was insured you should immediately contact the insurance company to establish if they are able to cover for the repatriation expenses and make the necessary arrangements. You may need the insurance policy number and the associated 24 hour medical emergency contact number to do this. If the travel insurance company confirm that there is a current policy, you should not appoint your own funeral director or be pressurised by local funeral agencies to do so. It will be the insurance company that will appoint the funeral director both locally and in the UK.

In Australia it is not normally necessary for the deceased to be identified by the next of kin. Identification can be carried out by means of documentation such as a passport or driving licence or by fingerprints, dental records or DNA.

8. Registering the death and obtaining a death certificate

Local undertakers will register the death with the relevant state authorities and will arrange for an Australian death certificate to accompany the remains.

In order to register the death the funeral director will ask you for some information. This is likely to be:

Full name of the deceased, gender, date of birth (if born outside Australia town and city of birth), date and place of death, residential address, usual occupation, whether married, father’s full name and occupation, and mother’s full names and occupation.

We strongly advise requesting copies of the international death certificate when discussing repatriation arrangements with the international or the local undertaker. However if you need to obtain copies direct from the state government where the person died, contact the relevant state/territory Registry of Births Deaths & Marriages.

The local authorities will need to be told if the person suffered from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

9. Post-mortem examinations (autopsies)

A post-mortem, which is also known as an autopsy, is normally performed in all cases and certainly when the death is not by natural causes. A doctor in a state hospital may also request a post-mortem for a death by natural causes when the cause of death is unclear. Post-mortems are carried out by forensic doctors appointed by the hospital or by the court sometimes called pathologists.

During a post-mortem, small tissue samples and organs may be removed and retained for testing, including toxicological studies. This is done in order to better understand the cause of death and to evaluate any disease or injury that might be present. It can be crucial to establish cause of death in cases where criminal or civil legal procedures may eventuate. The Australian authorities will not charge next of kin to conduct a post-mortem.

It is possible for the next of kin to object to an autopsy taking place or to request only an external or partial autopsy. The Coroner will take into account cultural or religious sensitivities. Coronial staff will often contact next of kin to explain the need for an autopsy and to inform them of the possible complications in the event that one is not undertaken. This can result in a death certificate having limited information as to cause of death which can impact on matters involving travel insurance and estate settlement. In the case of a homicide the Coroners in Australia will override such requests and proceed.

In some cases it may be necessary to have a further autopsy in the UK even though one has been carried out overseas and, when repatriation is to England or Wales, it is probable that the Coroner will wish to hold an inquest.

10. Mortuary facilities

Australia mortuary facilities are of a high standard and similar to that in the UK. Mortuaries are usually attached to local hospitals and in most states in Australia, there are dedicated state mortuary facilities.

11. Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

If you choose a local burial, you will need to instruct a local funeral director and they can make the necessary arrangements with either a private of government owned cemetery. A ceremony can be organised by the funeral director or a registered celebrant. You can make specific arrangements depending on your cultural and/or religious beliefs.

Cremation is common practice in Australia. If you are thinking of arranging a local cremation, please take advice from your local funeral director. Most crematoriums in Australia are able to host a funeral services, you can make specific arrangements with your funeral director depending on you cultural and/or religious beliefs. Many local council authorities allow for ashes to be scattered in publicly owned areas but you should contact the presiding council to comply with any local restrictions.

In Australia it is possible to register on a national donor register to donate organs and tissue. The Donor Register is the only national register for organ and tissue donation for transplantation after death.

If the deceased made their donation wishes by ticking a box on a driver licence renewal, it is still a further requirement to register the decision on the Donor Register. The Donor Register allows authorised medical staff with permission from the Australian Government to check a donation decision anywhere in Australia at any time. However family consent is always needed before donation can go ahead, and can be contested. More information can be found on the Department of Human Services website.

In Australia it is possible to donate a body to medical science after death but the intention to donate must have been formally registered with the appropriate State Department of Health, by the deceased, prior to death. It is not possible for next of kin to make that decision after someone dies. If the deceased has registered to donate it is still possible for the next of kin to refuse to comply with those wishes as the beneficiary (the hospital or nominated university) is unlikely to accept a body in the event that this would distress the family.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests below.

If a family are unable to pay for funeral arrangements in Australia it is possible for to apply for financial assistance. This can vary depending on the State of Territory so you should contact you nearest Consulate for advice. The Government assigned funeral director will still need to obtain information from the next of kin in order to register the death.

12. Return of personal belongings

Personal belongings found on the deceased at the time of death are either handed over to the family, if they are present, or taken by the police. If the next of kin chooses repatriation, it is advisable to instruct the local undertaker to collect the belongings from the police and to ship personal belongings together with the body. If there is an investigation into the death, the deceased’s clothing can be retained as evidence and is not returned until the court case is finished.

Please note, the British High Commission or Consulate cannot take responsibility for the personal belongings of the person who died.

13. Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide on gov.uk.

14. British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The form and instructions on where to send it is available online

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.

15. Child deaths

Police in Australia will hold a full investigation into any death and there are no separate procedures for deaths involving children. The Coroner may however, when they review the police report and offer findings, refer cases involving children to appropriate agencies such as the Child Commissioner.

Stillbirth in Australia is defined as the birth of a baby who has died at any time from 20 weeks into the pregnancy through to the due date of the birth. The neonatal period is from birth to 28 days old. Only deaths of babies that have taken breath are reported to the Coroner but may be reported to the relevant State or Territory Health Department for investigation.

16. Deaths in road traffic accidents

Police in Australia will hold a full investigations into any death and there are no separate procedures for deaths involving road traffic accidents. The Coroner may, when they review the police report and offer findings, refer cases to appropriate agencies such as a State or Territory Department of Transport.

17. Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the Foreign, Commonwealth & Development Office will be available to provide support, including by referring you to a specialised organisation. You can find more about what they can do online.

If a death is regarded as suspicious the Police will investigate in full. If an offender is identified and charged, they will be prosecuted by the relevant Department of Public Prosecutions. There may also be a need for an Australian Coroner to hold an inquest if there is further information required following a judicial process. Similar to the role of a Coroner in England and Wales (further information below) an Australian Coroner, usually a magistrate, will investigate deaths that are ‘unnatural’ such as accidents, suicides or homicides; deaths that have occurred in prison or in care, or have unknown causes. A Coroner will investigate the circumstances surrounding the death to find out the identity of the deceased person, when and where they died, how they died and the medical cause of death.

During the prosecution the relevant Department of Public Prosecutions will assign a family liaison officer who will update next of kin wherever they are located. They will support families and arrange for their attendance at hearing and explain how to prepare victim impact statements. The time from arrest to trial can be lengthy and, in some complicated cases can take years. The average case will take between 12 to 18 months unless the offender pleads guilty which significantly reduces the time taken to sentencing. There is little difference between the murder and assault rate in Australia when compared to the UK.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests, below.

18. UK coroners and inquests

If you repatriate the person who died to England and Wales there may be an inquest. The decision on when to hold an inquest is made by His Majesty’s Coroner. Please note, an inquest will usually only happens in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the Foreign, Commonwealth & Development Office guide on Death Abroad.

Legal Aid is an Australian legal service dealing mainly with family law and criminal legal matters. They provide free legal advice as well as court representation, and grants of legal aid funds to pay for a legal aid lawyer or a private solicitor.

For further information on this, or how to find a lawyer if you need one, see our list of lawyers.

20. Compensation

The Australian government provide victim support which may include compensation (if applicable). These are:

You can find information on UK compensation for victims of terrorism overseas online.

21. Additional support

21.1 Local support organisations

There are many counselling services in Australia that can provide support for those experiencing grief and loss. You can find further support at:

21.2 Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the guide coping with death abroad.

We also have information for victims of crime abroad, which you may find helpful.

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