This report concludes a community law reform project considering whether Victorians should be permitted to leave funeral and burial instructions that are binding on the person with the right to control the deceased’s funeral and burial arrangements.
The Victorian Law Reform Commission recommends that Victoria introduce an Act that allows people to leave binding funeral and burial instructions and/or appoint an agent to control their funeral and burial arrangements when they die.
At present, Victorians do not have the legal right to determine what happens to their body when they die. In its report, the commission concludes that the law has fallen behind community views, particularly in relation to individual autonomy. The report proposes modernizing the law, so that it is in accordance with contemporary expectations and values.