The Funeral Industry is largely regulated by Local Government but the Public Health Act 2016 (external site) and Health (Miscellaneous Provisions) Act 1911 (external site) provide important legislation intended to ensure that Public Health principles are applied to the practice of preparing the deceased for burial or cremation.
The minimum requirements that are expected of the Funeral Industry in relation to the preparation of the deceased are described in the Guidelines for the preparation of the deceased for burial and cremation (Word 169KB).
Cremation approval process and prescribed forms
The remains of a deceased person can only be cremated in Western Australia if a permit to cremate has been issued by a medical referee.
The legal steps to obtaining approval to cremate are specified in the Cremation Act 1929 (external site) and Cremation Regulations 1954 (external site).
Form 6 Application for permit to cremate
Either the senior next of kin, or the administrator of the estate, is the usual person who will apply for a permit to cremate. Form 6 (PDF 62KB) is also available from funeral directors and from most general practitioners.
Form 7 Certificate of medical practitioner
The doctor who attended the deceased prior to death must complete Form 7 (PDF 198KB).
Form 9 Permit to cremate
Medical referees may issue a permit to cremate after receiving the completed forms. The Cremation Act 1929 (external site) sets out the circumstances when the medical referee cannot issue a permit to cremate.
Once the permit has been issued, the funeral director must provide this form to the crematorium. A permit to cremate is sufficient authority for the cremation of the body at the crematorium.
Last reviewed: 04-01-2019