What law governs the licensing of funeral directors in Western Australia.

• In Western Australia, funeral director licensing is governed primarily by Division 3 (Sections 16–19) of the Cmeteries Act 1986 (WA).  

• Under this Act, any individual or company seeking to conduct funerals, burials, cremations, or interments at a public cemetery must be officially licensed by the relevant Cemetery Board—such as the Metropolitan Cemeteries Board (MCB) for Perth metropolitan sites, or the local shire/city council for regional cemeteries. 

Why does the law require funeral directors to be licensed?

• The statutory licensing process under Section 17 of the Cemeteries Act 1986 exists to protect vulnerable families, safeguard public health, and maintain ethical industry standards. 

• Specifically, licensing ensures: 

• Fit and Proper Conduct: The applicant is verified to be of good repute, ethical character, and suitable to hold a license (Section 17(2)(a)).  

• Appropriate Facilities: The operator possesses safe, sanitary, and suitable facilities and equipment for the mortuary storage and handling of deceased persons (Section 17(2)(b)).  

• Public Protection: Families arranging funerals during periods of grief are protected from predatory or deceptive business practices.  

What standards must a funeral director meet?

• To hold and maintain an annual licence issued by the MCB or a regional Cemetery Board, a funeral director must strictly adhere to the following conditions: 

• Facilities and Equipment Inspections: Cemetery Boards retain the statutory right under Section 17(3) of the Act to inspect mortuary equipment, vehicles, and storage facilities to verify hygiene and dignity standards. 

• Code of Conduct & Transparency: Licensed directors must adhere to a strict Code of Conduct. Under licence conditions, they are legally required to provide written, itemised fee estimates prior to conducting services to avoid hidden charges.  

• Background Checks: Directors must undergo regular National Police Clearances (e.g., every 5 years under MCB rules).  

• Compliance with Health & Cremation Laws: Operators must comply with statutory requirements under related legislation, such as the Cremation Act 1929 (WA), ensuring all medical referee permits and death registrations are handled accurately.  

How long is a licence valid, and can it be revoked?

• Validity: Under Section 16(b) of the Cemeteries Act 1986, a funeral director’s licence is granted for a maximum term of one year and must be reviewed and renewed annually.  

• Revocation/Suspension: Under Section 18, a Board can suspend or cancel a licence if the holder:  

• Is convicted of an offence under the Act or local laws.  

• Obtained the licence fraudulently or erroneously.  

• Engages in unconscionable, fraudulent, or unprofessional conduct.  

• No longer maintains suitable mortuary facilities or equipment. 

• Decisions to suspend or cancel a licence can be appealed to the State Administrative Tribunal (SAT) under Section 19.  

Can a family member conduct a funeral without hiring a licensed funeral director?

• Yes. Under Western Australian law, a family member or private individual can apply for a Single Funeral Permit from the relevant Cemetery Board (under MCB or local council regulations).  

• Australian Business Licence and Information Service – ABLIS 

• This permit authorises an unlicensed person to arrange and conduct a single, specific funeral service. However, the permit holder steps into the legal role of the acting funeral director for that event and remains responsible for complying with all health, transportation, statutory paperwork, and cemetery regulation requirements.