Fact sheets - Approval to keep the body of a deceased person for longer than permitted (2024)

Background

Funeral directors and families are encouraged to collect the bodies of deceased persons from hospitals as soon as possible. However, there are circ*mstances when this is not possible (for example, if the next of kin and relatives are overseas).

Also, the culture, beliefs, and religious practices of deceased persons and their families are important considerations in granting approvals to keep bodies of deceased persons for longer than allowed under the Regulation.

How long can a person who is not a funeral director keep the body of a deceased person after death?

A person who is not a funeral director is allowed to keep the body of a deceased person for up to 5 days after the date of death (section 80 of the Regulation).

How long can a hospital keep the body of a deceased person after death?

A hospital is allowed to keep the body of a deceased person in a hospital mortuary for up to 21 days after the date of death (section 80 of the Regulation).

Hospital mortuaries are designed for the short-term storage of a limited number of bodies of persons that pass away in hospitals. Accordingly, hospital mortuaries should not receive and store the bodies of deceased persons that pass away outside of hospitals (that is, in the community).

Further information about the requirements for hospital mortuaries is available in the Australian Government Department of Health, National Pathology Accreditation Advisory Council, ‘Requirements for the Facilities and Operation of Mortuaries’ (Third Edition 2013).

Can the body of a deceased person be kept for longer than permitted in the Regulation?

The Secretary may approve the body of a deceased person to be kept for a longer time than permitted in the Regulation. This power is delegated to the Local Health District Public Health Unit Director (Public Health Delegations Manual delegation PH297 page 8.56).

Can the Secretary approve generally the keeping of bodies of deceased persons for a longer time than permitted?

The Secretary may in some cases grant a general approval for the bodies of deceased persons to be kept for a longer time than allowed in the Regulation. Usually this would apply to exceptional circ*mstances such as multiple deaths arising from a:

mass casualty or disaster event
disease outbreak such as a pandemic or epidemic.

A general approval would only be issued for a specific time and subject to conditions.

Approval considerations

Reasons for a person keeping a body for longer than permitted

The person wishing to keep the body of a deceased person for longer than permitted needs to provide an appropriate reason(s) and relevant supporting information for consideration by the PHU.

The culture, beliefs, and religious practices of deceased persons and their families are important considerations for granting approval.

Condition of the body

The condition of the body is an important factor to consider and if the body has deteriorated and appears to be unfit for further retention, and/or continued storage may prejudice public health and amenity, then permission should not be granted. Conditions that contribute to deterioration of a body, such as whether a body is stored under refrigerated conditions, or has not been embalmed, are important considerations in an approval.

Authorised Officers may need to make additional enquiries to ensure the request to keep a body for longer than permitted will not cause a potential health risk. The Authorised Officer may conduct an inspection of a premises to confirm that the conditions for storage of the body are suitable.

In some cases, the Authorised Officer may request that the body of the deceased person is examined by a forensic pathologist to determine whether the body can be stored for a longer period, and the storage conditions that are needed to maintain the body in an acceptable condition.

Embalming of the body

Whether the body has been embalmed is a matter for consideration when determining if an approval may be granted. If the body is to be fully arterially embalmed an opinion of a qualified embalmer about the state of the body needs to be sought, as a deterioration in the condition of the body will adversely affect the efficacy of embalming.

Premises where the body will be kept

The person applying to keep the body of a deceased person for longer than permitted, must be able to demonstrate that the body will be kept in a suitable facility under refrigeration at a temperature between2 and 5 degrees Celsius. In some cases, it may be appropriate to allow a body to be kept at an unrefrigerated premises or a home if ambient conditions will not lead to deterioration of the body. The premises or location where the body is to be kept should also be secure.

Proposed date of interment

The proposed date of interment is an important factor in determining body retention. If the time between death and interment is considered excessive and the retention of the body may prejudice public health and amenity, then permission should not be granted.

Approval procedure

An approval for keeping a body for longer than permitted under the Regulation must be in writing. The approval is granted by the local health district PHU where the body of the deceased is to be kept. For further information please contact the local PHU.

The approval procedure is as follows.

An application must be completed and sent to the PHU for approval. The following information should be provided and considered when granting approval to keep a body:

Reason(s) for keeping a body for longer than allowed under the Regulation.
The condition of the body.
Whether the body has been embalmed.
Premises where the body will be kept.
Body storage conditions/facilities.
Proposed date of interment (if applicable).
Transportation – under what conditions the body will be transported.

An Authorised Officer under the Public Health Act 2010 completes a record to recommend approval, or refusal, by the Public Health Officer or PHU Director under delegation from the Secretary.

Approval conditions

Under theRegulationthe Secretary can grant approval for the body of a deceased person to be kept for longer than permitted (5 days since the date of death for non-funeral directors and 21 days since the date death for hospitals) subject to conditions.

The following conditions may be appropriate for an approval to keep a body for longer than allowed under the Regulation. However, applications need to be considered on a case-by-case basis and other appropriate conditions applied.

A body can be kept for a short term (hours or up to 2 extra days (extension) period) in unrefrigerated premises or home if ambient conditions will not lead to deterioration of the body. However, once the body has been refrigerated it must not remain unrefrigerated for more than 8 hours, such as for a viewing; and
Where there is no deterioration, abody can bekept at2 to 5 degrees Celsius for up to7 extra days; or
Where there is no deterioration, abody can be kept at2 to 5 degrees Celsius for up to 28 extra days; or
Where the body isembalmedit can be keptfor more than 28extra days.

Further advice

Contact your local Public Health Unit by calling 1300 066 055.
Final arrangements of the deceased.