Non-religious and secular funerals in Australia: what you need to know

Secular funerals are now the majority in Australia. Cremation accounts for roughly 65% to over 70% of all funerals nationally, and a growing share of these involve no religious content at all. Direct cremation, where the body is cremated without a ceremony, is the fastest-growing segment of the funeral industry.

This shift reflects broader changes in Australian society. The 2021 Census recorded "no religion" as the largest single response to the religion question for the first time. For families who do not follow a faith tradition, the question is not which religious rite to follow but what, if anything, is legally required.

The answer, as the IPART review of the NSW funeral industry and consumer advocacy groups have highlighted, is less than most people think.

What the law actually requires

There is no legal requirement in Australia to use a funeral director. There is no legal requirement to hold a funeral ceremony. There is no legal requirement to involve any religious element.

The legal requirements for handling a death are administrative, not ceremonial:

A Medical Certificate of Cause of Death. A doctor must confirm the death and issue this certificate. If the death is sudden, unexplained, or the doctor is unwilling to certify, the coroner becomes involved.

Death registration. The death must be registered with the state Registry of Births, Deaths and Marriages. In NSW, this must happen within 7 days of the burial or cremation. Timelines vary by state.

A disposal authority. For burial, the family or funeral director applies for an authority to bury from the local council or cemetery. For cremation, a permit to cremate is required, which involves an additional layer of medical scrutiny: a medical referee must review the cause of death certificate before the cremation can proceed.

That is the full list of legal obligations. Everything else, the coffin, the flowers, the ceremony, the funeral director, is a choice.

DIY funerals

Families can handle the entire funeral process themselves. This means collecting the body from the hospital or place of death, transporting it, preparing it for burial or cremation, and arranging directly with the cemetery or crematorium.

In practice, a DIY funeral involves:

Body preparation. Embalming is not legally mandatory for most funerals. The body can be kept at home for a period before burial or cremation, provided it is stored in a cool environment. If a coffin is not used, the body must be wrapped in at least four layers of cotton or linen to prevent fluid leakage.

Transport. Families can transport the body themselves in a private vehicle. The body must be in a coffin or suitable container for transport. Some states have specific regulations: NSW requires watertight coffins for transport.

Shroud burials. Burial without a coffin (in a shroud only) is permitted in some states, but in NSW this requires explicit approval and an exemption from the Chief Health Officer of the Local Health District or the Secretary of NSW Health. Families considering a shroud burial should check the requirements for their state.

Cremation. Direct arrangement with a crematorium is possible without going through a funeral director, though some crematoria prefer to work with funeral directors for logistical reasons. The cremation permit process is the same regardless of who arranges it.

DIY funerals require time, energy, and a willingness to handle logistics during a period of grief. They are not for everyone. But for families who want to be directly involved in caring for the deceased, the legal pathway exists.

Celebrant-led ceremonies

For families who want a ceremony without religious content, a civil celebrant is the most common choice. There is no legal requirement for a trained or registered celebrant to lead a funeral. Anyone, including a family member or friend, can run the proceedings.

A celebrant-led funeral can be held anywhere: a chapel, a park, a beach, a family home, a pub. The structure is entirely up to the family. Common elements include eulogies from family and friends, readings (poetry, prose, personal letters), music chosen by the family, photo slideshows, and moments of silence or reflection.

The celebrant's role is to coordinate the service, guide the family through the planning, and deliver the ceremony on the day. Many celebrants meet with the family beforehand to learn about the deceased and help shape the service.

Some families use the term "celebration of life" for a secular funeral, though this is a description of tone rather than a distinct format. A celebration of life can be held with or without the body present, and can take place days or weeks after the cremation or burial.

Direct cremation (no service, no attendance)

Direct cremation strips the funeral process to its legal minimum. The funeral director collects the body, manages the paperwork, carries out the cremation at a licensed facility, and returns the ashes. There is no ceremony, no viewing, no chapel booking, no mourners present.

The cost difference is significant. Direct cremation is the lowest-cost funeral option in Australia, typically ranging from $1,900 to $4,000 depending on the provider, compared to $6,000 to $15,000+ for a traditional funeral with a service.

Some families hold a separate memorial gathering after a direct cremation, on their own terms and timeline. This separates the logistics of disposing of the body from the act of honouring the person, and gives the family time to plan a gathering without the pressure of a fixed funeral date.

Direct cremation: costs, inclusions and providers

Cremation versus burial for secular funerals

Both cremation and burial are available to families without any religious requirements. The legal difference between the two is in the permitting process: cremation requires a medical referee to review and approve the cremation certificate, which adds a step (and sometimes a delay) compared to burial, where the authority to bury comes from the council or cemetery.

Ash scattering. There are no health regulations in Australia preventing the scattering or immersion of cremated ashes in waterways or at sea. No permit is required under the Sea Dumping Act. Ashes can be scattered in rivers, at the beach, or in the ocean without restriction. However, permission is required to scatter ashes on private land.

Natural burial. A growing number of Australian cemeteries offer natural burial sections where the body is buried in a biodegradable coffin or shroud, without a concrete vault or traditional headstone. These appeal to families who want an environmentally conscious option without religious content.

Common misconceptions

Several beliefs about funerals in Australia are widely held but incorrect:

"You have to use a funeral director." No. There is no legal requirement. Families can arrange everything themselves.

"You have to have a funeral ceremony." No. A ceremony is optional. Direct cremation or direct burial with no service is legally and practically available.

"Embalming is required by law." No. Embalming is only typically required for above-ground vault placement, international repatriation, or interstate air transport to certain states. For a standard burial or cremation, embalming is the family's choice.

"You cannot transport the body yourself." Incorrect. Families can transport the body in their own vehicle, provided it is in a coffin or suitable container.

These misconceptions persist in part because the funeral industry has historically operated on the assumption that families will use a funeral director for everything. The legal reality is more flexible than many people realise.

Related information

• How much does a funeral cost in Australia?
• Direct cremation: costs, inclusions and providers
• How to plan a low-cost funeral on a budget
• Find a funeral celebrant
• Back to: Australian funeral traditions

Frequently asked questions

Do you legally need a funeral director in Australia?

No. There is no legal requirement to use a funeral director or hold a funeral ceremony. Families can handle the entire process themselves, including transport, paperwork, and arranging burial or cremation directly.

Is embalming legally required?

No. Embalming is not mandatory for most funerals. It is typically only required for above-ground vault placement, international repatriation, or interstate air transport to certain states.

What is the cheapest funeral option?

Direct cremation. No ceremony, no mourners. The funeral director handles the logistics and returns the ashes. Prices range from $1,900 to $4,000 depending on the provider.

Can you scatter ashes anywhere?

Ashes can be scattered in waterways, at sea, or on public land without a permit. Permission is required for private land. The Sea Dumping Act does not apply to cremated remains.

Can anyone lead a funeral ceremony?

Yes. There is no legal requirement for a registered celebrant. A family member, friend, or anyone the family chooses can lead the proceedings.