Organ and tissue donation occur a short time after the pronouncement of death, and it is essential that the intentions of the deceased are known to the next of kin. The Transplantation and Anatomy Act 1983 (SA) [s 5] provides that decisions concerning organ and tissue donation can be made by, in order of priority, the person's:

Consent is sought from the senior available next of kin for organ and tissue donation, therefore specific conditions in a will or Advance Care Directive should be made known to that person. Practically, donation agencies may not proceed with organ and/or tissue donation where the senior available next of kin refuses consent.

People considering donating organs or tissues should:

While the Act provides for donation following deaths both in hospital settings and out of hospitals [ss 21, 22], currently in South Australia most organs and tissue can be accepted for transplantation or grafting only if death occurs under certain clinical circumstances in hospital due to the practical, clinical and technical requirements [see Organ and tissue donation for health professionals]. There are some tissues, such as eye tissue, which can be accepted even where the death occurred outside of a hospital provided that practical and technical requirements are met (for example, the need to collect eye tissue within 24 hours of death). All potential organ and tissue donors are screened prior to any donation.

The legal meaning of death under the Death (Definition) Act 1983 (SA) applies to organ and tissue donation. The irreversible cessation of all functions of the brain is commonly called brain death [s 2a]. These patients are maintained in an Intensive Care Unit and depend on a respirator (supportive treatment). They are able to donate vascular organs such as kidneys, liver, heart, lungs and pancreas due to the supply of oxygenated blood to the organs. Brain dead patients are also able to donate tissues such as corneas (eyes), bone and skin, which do not deteriorate without a blood supply.

Tissue donation can occur when there is cessation of the circulation of blood [circulatory death, s 2b] and occurs in the operating theatre after the organ donation, or in the mortuary.

The disposal of the body is the responsibility of the executor or administrator of the estate. Organ and tissue donation does not delay any funeral arrangements.

Most people die in a hospital or nursing home. A medical certificate of cause of death is issued and the body is kept at the institution's morgue until next of kin (see next of kin) or the executor or administrator of the estate make arrangements for a funeral or contact a funeral director. Where no one arranges or pays for a funeral and the deceased had no money or other assets, the hospital must accept responsibility for arranging (and paying) for the burial through the Government contractor appointed by the Department of Human Services (SA), see financial assistance.

Under the Coroners Act 2003 (SA) an inquest can be held to establish the cause, or circumstances, of a reportable death. The circumstances may include matters related to or arising out of the event or its aftermath [s 3(3)].

Reportable death is defined in section 3 of the Coroners Act 2003 (SA). It includes the death of a person:

A death that occurs as a result of medication administered in accordance with the Voluntary Assisted Dying Act 2021 (SA) is not a reportable death [Coroners Act 2003 (SA) s 3(1)].

Immediately after a person becomes aware of a reportable death they must notify police or to the State Coroner of the death, unless the person believes on reasonable grounds that the death has already been reported. Failure to do this is an offence, maximum penalty $10,000 or imprisonment for 2 years [s 28(1)].

If the State Coroner is notified under this Act of a reportable death, a finding as to the cause of the death must be made by the Coroner's Court if an inquest is held, or by the State Coroner [s 29(1)].

However, the State Coroner may make a finding that a death was due to undetermined natural causes if they have obtained relevant medical information or advice, and have reasonable grounds to believe that the death was due to natural causes. The deceased person's senior next of kin must also give their written consent to no further action being conducted for the purpose of determining the precise cause of death. Section 29(3) of the Act defines a senior next of kin to include a spouse, domestic partner, adult children, parents and adult siblings.

The State Coroner decides whether an inquest will be held into:

[see Coroners Act 2003 (SA) s 21].

However, the Attorney-General may also direct the Coroner to hold an inquest into a particular case. The Coroners Act 2003 (SA) requires that an inquiry must be held where there is a death in custody, which is defined in section 3(1) of the Coroners Act 2003 (SA). For this purpose, a death in custody includes the death or apparent death of a person from natural causes (as certified by a medical practitioner) while subject to an inpatient treatment order under Part 5 of the Mental Health Act 2009 (SA) and held in a dedicated mental health ward of a hospital or other approved treatment centre facility [s 21(4)].

An inquest is an informal hearing, however the Coroner’s Court has many powers, including the ability to summon people before the Court and require people to swear that they will truthfully answer questions [see s 23(1)(c)]. However, if a person objects to answering a question, or producing a record or document on the ground that the answer, record or document may tend to incriminate the person or make the person liable to a penalty, then the Court must determine whether or not there are reasonable grounds for the objection [see s 23A]. The Court may issue a certificate limiting when such evidence can be used, if the Court finds that the person is still compelled to give evidence. Legal advice may need to be sought in such circumstances before appearing at an inquest.

A person is not required to answer a question, or to produce a record or document at an inquest if answering the question, or producing the record or document, would result in a breach of legal professional privilege [ s 23(5)].

If a person has been charged with a criminal offence of causing the event that is to be inquired into the Coroner may not proceed until the criminal proceedings have been disposed of [s 21(2)].

Any person the Coroner considers has a sufficient interest may appear in an inquest. The facts are established by calling witnesses who are examined and cross-examined and documentary evidence may be tendered. A nominated representative (a legal practitioner) of the family is entitled to appear in those proceedings and may examine and cross-examine any witness testifying in the proceedings [s 20A].

The Coroner is not bound by the normal rules of evidence and may inquire into any issues as she or he thinks fit. The Coroner must act according to equity, good conscience and the substantial merits of the case, but without regard to technicalities and legal forms [see s 24]. However, the normal rules of natural justice and procedural fairness still apply.

As soon as practicable after the completion of the inquest the Coroner must give its findings in writing, which may include recommendations (as appropriate):

[s 25(2)].

There are reporting requirements for any recommendations the Coroner makes. Each relevant minister (or if there is no relevant minister, the SA Attorney-General) must, within eight sitting days of the expiration of six days after receipt of a copy of a recommendation resulting from an inquest:

The State Coroner may, at any time after the provision of the report, request a supplementary report to be prepared by the relevant minister (or Attorney General) that addresses any matter the Coroner considers necessary arising out of the report. If the Coroner makes a request, then the relevant minister to whom the request is made has eight sitting days after receiving the request to cause a supplementary report to be laid before each house of the parliament and forwarded to the Coroner.

However, the Coroner must not make any finding or suggestion of criminal or civil liability [s 25(3)].

The Coroner may reopen an inquest at any time or the Attorney-General may direct that an inquest be reopened. On the application of either the Attorney-General or a person who has a sufficient interest in the finding, the Supreme Court may order that the Coroner's finding be set aside, be reopened, that a new inquest be held, or substitute other findings which appear justified on the evidence. Any application must be made within one month after publication of the finding although the Supreme Court has a discretion to allow a longer time [see generally, ss 26 - 27].

Under s 13A of the Criminal Law Consolidation Act 1935 (SA), it is not an offence to commit or attempt to commit suicide in South Australia. However, it is a serious offence to assist in a suicide or a suicide attempt [s 13A(5)]. A person is able to use reasonable force from stopping what they believe is an attempt at suicide [s 13A(2)].

The death of a person by medication administered pursuant to the Voluntary Assisted Dying Pathway will not be taken to be death of the person by suicide [s 13A(12), see also Voluntary Assisted Dying Act 2021 (SA) s 6]. Further, a person who performs an act or omission in relation to the voluntary assisted dying of a person in accordance with the pathway will not be taken (by that act or omission alone) to have aided, abetted, counselled or procured the suicide of the other person [ss 5, 6 and 97].

Where suicide is the cause of death, a doctor or hospital must notify the police. The deceased must be formally identified and the police must complete a Report of Death to Coroner. If the Coroner considers that a post-mortem is necessary, another form is filled out and sent to the Government Medical Officer, authorising a post-mortem. The post-mortem is carried out in the hospital morgue and a report is sent to the coroner in charge of the district. The Coroner then issues a Form of Coroner's or Justice's Information on Death which is sent to the Registrar of Births, Deaths and Marriages. The Registrar is then able to issue a death certificate when the next-of-kin applies for it.

While there may in the past have been problems arranging a religious service and burial of someone who has committed suicide, this is no longer the case. The cause of death should have no bearing on funeral arrangements.

Support services are available for persons affected by suicide, please visit the SA Health Bereaved by Suicide website for further information.

For the purposes of registration under the Births, Deaths and Marriages Registration Act 1996 (SA), a stillborn baby is one of twenty weeks or more gestation or, if it cannot be reliably established whether the period of gestation is more or less than twenty weeks, a baby with a body mass of at least 400 grams at birth, that shows no sign of respiration or heartbeat, or other sign of life, after birth [s 4]. The definition does not include loss of pregnancy at less than twenty weeks gestation, or following a medical termination (at any stage of gestation).

Commemorative Certificates for Early Loss of Pregnancy are available from Births, Deaths and Marriages (BDM) to commemorate deliveries that are not able to be registered under the Births, Deaths and Marriages Registration Act 1996 (SA). A commemorative certificate may not however be used for official purposes. For more information on the process and what is required with the application, please visit SA.GOV.AU Early Loss of Pregnancy Certificates [ link opens in a new window].

After the birth of a baby who is defined as a 'stillborn child' under the Act:

If a still-birth is registered, a birth certificate can be issued. The Registrar of Births, Deaths and Marriages does not however issue a death certificate.

In circumstances where a baby breathed, even momentarily, and died soon after, then the fact of both the baby's birth and death is registered.

Support services

Specialised support services are available to recognise the emotional impact of grief and loss. Red Nose Australia provides specialised bereavement support free of charge to any person affected by the sudden and unexpected death of a baby or child during pregnancy, birth, infancy or childhood. Please visit the Red Nose Australia Grief and Loss website for further assistance and support.

There is no formal legal recognition or legal rights of 'next of kin'. Certain Acts have given a restricted definition such as the Transplantation and Anatomy Act 1983 (SA) [s 5], which gives a priority as to who makes decisions concerning the donation of organs and tissue, see organ donation. Section 9 of the Burial and Cremation Act 2013 (SA) allows a parent or child of a deceased person to object to cremation, except where the deceased directed he or she be cremated by will or other signed and witnessed document (but a spouse or partner, unless they are also the personal representative - executor of the estate - of the deceased person cannot object).

'Next of kin' are not legally required to provide personal particulars of the deceased relative, but it is helpful if they provide as much detailed information as the funeral director requires. A funeral director can leave the personal particulars with the Registrar of Births, Deaths and Marriages for the purposes of registering the death [Births, Deaths and Marriages Registration Act 1996 (SA) s 38(1)].

Where the deceased has left a will which appoints an executor, it is the executor's responsibility to dispose of the body according to directions in the will, see duties of executors.

Where the deceased has died intestate (i.e. without a valid will) courts have generally taken the position that a person eligible to apply for a grant of letters of administration has the right to attend to the burial arrangements. However, this right is not absolute. Sometimes there may be more than one person who is eligible under the laws of intestacy to make these arrangements. In a dispute over arrangements about place of burial, the courts will look at balancing common law principles and practical considerations, as well as giving consideration to cultural, spiritual and religious factors. Disputes about cremation of a person who died intestate are governed by the Burial and Cremation Act 2013 (see above).

Once a medical certificate of the cause of death has been issued, either the doctor or the funeral director sends the certificate to the Registrar of Births, Deaths and Marriages who will then issue a death certificate to the next of kin, upon application. If requesting a death certificate by mail, along with the set fee, the following information concerning the deceased should be enclosed:

Regardless of where a person dies, if the doctor cannot - for any reason - issue a Medical Certificate of Cause of Death, the doctor must notify the local police. The police will arrange for removal of the body to the nearest hospital where procedures for a coronial inquiry are carried out.

Funeral directors

The funeral director will carry out many of the basic requirements for a funeral. They will usually look after:

Beyond this, the funeral director may also arrange a pre-burial service, organise the use of funeral parlour or chapel, arrange for mourners' cars, flowers and newspaper advertisements. Charges will depend on the amount of work undertaken by the funeral director.

Funeral costs

There are no set fees for a funeral. Costs vary depending on the cemetery or crematorium. There are also variations in the cost of caskets and coffins and in the cost of grave plots. Where plots are in a lawn section, the charges will include perpetual care of the plot in addition to the cost of a memorial plaque. Where a double grave is used, costs will be limited to a re-opening fee as the plot itself will have been paid for at the first opening. Different funeral directors offer different facilities - ranging from expensive and elaborate parlours and coffins to simple buildings and inexpensive coffins. It is worth contacting more than one director to find the kind and the cost of services that suit you and your family.

Pre-paid funerals

Where people pre-pay for their funeral the money paid must be held in trust and full details must be given to the person. These documents should be kept in a secure place.

Funeral insurance

Some people pay for funeral insurance, otherwise called a funeral plan. This is an insurance policy that pays a set amount towards funeral costs on the death of the policy holder. For more information, see Funeral Plans on moneysmart.gov.au.

The Australian Government has agreed to fund funeral claims up to policy limits for holders of a funeral policy with the Youpla Group (formerly known as the Aboriginal Community Benefit Fund), which is now in liquidation. An active policy must have been held by the deceased on or after 1 April 2020 and the claim must be lodged by 30 June 2024. See Youpla Group funeral benefit program.

Payment for a funeral

The person who contacts the funeral director and orders the funeral is legally responsible for paying the costs of the funeral although the money will usually come from the deceased's estate. If money is a problem it is worth contacting several funeral directors to see if fees are negotiable or if payment may be made by instalment. Some banks and other financial institutions will release funds from an account of the deceased person to pay funeral expenses.

See also information regarding pre-paid funerals and funeral insurance on the Arranging a Funeral page.

Help with funeral costs

If a person has no next of kin or the next of kin are receiving certain social security payments, the Department of Human Services (SA) may arrange and pay for a cremation. For more information contact Funeral AssistanceSA.

Centrelink assistance

For information about possible assistance from Centrelink (federal government), see What to do following a death.

Associations or clubs

Some associations or clubs may pay a small funeral benefit for members or people who need assistance.

Trade unions

It is worth enquiring of the union to which the deceased belonged whether or not any benefits are available.

Health insurance schemes

Some schemes cover funeral benefits. Check the policy or contact the health insurance company.

Financial institutions

Banks may lend money to low income earners and pensioners. A home equity loan may be appropriate for those with real estate who need access to cash (see Consumer Credit). A loan should not be accepted without knowing:

Burial and cremation are the only legal ways of disposing of human remains in South Australia [Burial and Cremation Act 2013 (SA) s 7].

Place of burial

It is an offence to bury a human body in a place that is not a currently authorised cemetery or natural burial ground [Burial and Cremation Act 2013 (SA) s 8].

Cremations

It an offence to cremate someone elsewhere than a lawfully established crematorium [Burial and Cremation Act 2013 (SA) s 9(2)].

A cremation may only take place if a cremation permit has been issued in relation to the body by the Registrar of Births, Deaths and Marriages [s 9(1)].

Once a body has been cremated, the ashes may be disposed of or kept as determined by the executor of the estate.

Human remains may not be cremated if the personal representative, parent or child of the deceased person objects to the cremation, unless the deceased person directed, by a will or some other signed and witnessed document, that their body be cremated [Burial and Cremation Act 2013 (SA) s 9(3)].

Overseas burial

It is possible to export a body where the deceased or next of kin have requested that the burial take place overseas. Health authorities must approve a request for export. If, for example, communicable diseases are prevalent in South Australia at the time of death, permission may be refused. This procedure is free of charge, but transportation costs are not.

Interment rights

A right to be interred at a particular cemetery or natural burial ground can be issued by the relevant authority pursuant to the Burial and Cremation Act 2013 (SA). From 23 February 2023, it is an offence for the relevant authority of a cemetery or natural burial ground to fail to comply with its obligations under an interment right, even if:

The maximum penalty is $10,000 for a natural person or $20,000 for a body corporate [s 35]. Some exceptions apply.

There are further offences relating to interment sites in section 13, including: