Cremation Rules in Tasmania: Permits, Medical Referees, and What Families Must Know

Cremation in Tasmania involves a step that many families are surprised to discover exists: before any crematorium can proceed, an entirely independent doctor must physically examine the deceased, verify the cause of death is accurate, and sign a cremation permit. This second medical check — performed by someone who had no prior involvement with the deceased — exists specifically to prevent the destruction of forensic evidence. No permit means no cremation. Understanding who can issue this permit, who is disqualified from issuing it, and what happens if a pacemaker is found, prevents costly delays and legal complications.

Why Cremation Requires a Separate Permit

Unlike burial, cremation is irreversible. Once a body is cremated, any opportunity to re-examine the remains for forensic purposes is permanently lost. This creates a legal safeguard: before cremation proceeds, a second medical opinion must confirm that the death is accurately accounted for, does not require further investigation, and is safe to proceed.

This requirement sits under the Burial and Cremation Act 2019 and the Burial and Cremation Regulations 2025 (Regulation 55). It applies to every cremation in Tasmania — whether arranged through a commercial funeral director or conducted as part of a home funeral.

The Independent Medical Referee

The cremation permit must be issued by a medical practitioner who meets specific independence requirements. The law prohibits the permit from being issued by:

• The doctor who originally issued the Medical Certificate of Cause of Death (MCCD)
• Any relative of the deceased
• Any partner, employee, or associate of the original certifying doctor
• Any person who has a financial interest in the funeral arrangements

In practice, this means the funeral director or family must source a separate doctor — one with no prior connection to the deceased — who is willing to act as the medical referee.

The medical referee must:

• Physically view the body
• Review the original MCCD and assess whether the stated cause of death is accurate and not suspicious
• Confirm that the death does not need to be referred to the Coroner (or, if the Coroner was already involved, that the Coroner has released the body and issued appropriate authorisation)
• Ensure that any battery-operated implanted medical devices have been removed

If the medical referee is not satisfied with any of these points, they are legally required to refuse to issue the permit and must report the death to the Coroner.

Pacemakers and Implanted Devices: A Non-Negotiable Requirement

Battery-operated medical devices — particularly cardiac pacemakers and defibrillators — must be removed before cremation. Inside a cremator operating at temperatures between 800 and 1000 degrees Celsius, a pacemaker battery will explode, damaging the cremator and potentially injuring staff.

The medical referee explicitly confirms device removal as part of issuing the permit. If a device is identified and has not been removed, cremation cannot proceed until it is. Removal is typically performed at the mortuary by the funeral director or a medical professional. Some devices, such as radioactive implants (used in certain cancer treatments), require specialist handling and prior notification to the crematorium operator.

Families who know a loved one had a pacemaker, defibrillator, cochlear implant, neurostimulator, or any other implanted device should notify the funeral director immediately. This allows removal to be arranged before the cremation permit is sought.

Applying for the Cremation Permit

The application is made in writing to a qualifying medical practitioner. In practice, this is often arranged by the funeral director, who maintains relationships with doctors willing to act as medical referees. In a home funeral where no funeral director is involved, the family must source the medical referee independently.

Sourcing an independent medical referee can be genuinely difficult — especially in rural Tasmania or in areas with limited GP availability. Some medical practices decline this role because it requires out-of-hours attendance at a mortuary or preparation room. Families arranging home funerals with cremation as the intended outcome should identify a willing medical referee before death occurs, not after.

If the Coroner Was Involved

When a death was subject to coronial investigation, the Coroner's release does not automatically substitute for the cremation permit process. The family or funeral director still needs to obtain the permit from an independent medical referee — though in coronial cases, the Coroner's findings on cause of death simplify the referee's review considerably.

In some coronial cases, the Coroner may issue a specific authorisation for cremation as part of the body release. If this occurs, confirm with BDM Tasmania and the crematorium whether additional permit documentation is still required, or whether the Coroner's document is sufficient to proceed.

Embalming: When It Is and Is Not Required

A common misconception is that embalming is legally required before cremation in Tasmania. It is not. The Burial and Cremation Regulations 2025 do not require embalming for standard ground burial or cremation.

The specific exception is above-ground interment: bodies placed in vaults or mausoleums must be arterially embalmed and the vault must be secured against insects, vermin, and the escape of bodily fluids. For standard cremation, there is no legal embalming requirement.

However, airlines and interstate repatriation services typically require embalming when transporting remains across state lines or internationally. If the body needs to travel to Tasmania from another state for cremation here, or from Tasmania to another jurisdiction, check the specific requirements of the transport company or airline.

Natural and Shrouded Cremation

Tasmanian law accommodates cremation of bodies that have not been placed in a sealed coffin. A body can be cremated in a shroud or in a biodegradable container, provided the crematorium operator is willing to accept it. Some crematoriums have internal policies requiring a minimum type of container — not because the law requires it, but for operational and safety reasons (intact containment through the cremation chamber entry).

Families planning a natural or shrouded cremation should confirm with the chosen crematorium what they will and will not accept before the permit process is complete.

After Cremation: The Ashes

Once cremation is complete, the crematorium processes the remains into cremated remains (commonly called ashes, more accurately "cremains"). These are typically returned to the family in a container selected at the time of arrangement.

Scattering ashes in Tasmania is generally permitted on private land with landowner consent, and in many public spaces. There are no specific Tasmanian regulations prohibiting the scattering of ashes in most locations, though specific rules may apply for national parks, marine environments, and council land. Check with the relevant authority for the proposed location.

Keeping ashes at home is legal. Dividing ashes among family members is legal. There is no registration requirement for what happens to cremated remains after they are returned to the family.

Comparison: Tasmanian vs. Other Australian States

Most Australian states require a cremation permit and an independent medical referee — Tasmania is not unusual in this respect. The process is broadly similar across Australian jurisdictions, though the specific forms and fees vary. If you have experience with cremation in another Australian state, the Tasmanian process will be familiar in structure, though you should not assume the forms or contacts transfer across.

For the complete cremation checklist — including the exact permit application process, how to find an independent medical referee in regional Tasmania, the documents required for cremation following a coronial investigation, and what to do if a pacemaker is discovered after death — see the Tasmania Funeral Laws & Consumer Rights Guide.

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