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Its your funeral: An investigation into death care and the funeral industry in
Australia

Technical Report · May 2017

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The University of Sydney sydney.edu.au

Professor Sandra van der Laan It’s your funeral

(University of Sydney Business School)
and Associate Professor Lee Moerman
An investigation of death
(University of Wollongong)
care and the funeral
2017 industry in Australia
It’s Your Funeral:
An Investigation of Death Care and the
Funeral Industry in Australia
Professor Sandra van der Laan and Associate Professor Lee Moerman

Contents
Chapter 1: INTRODUCTION 3
1.1 Background 3
1.2 Objectives of the Research 3
1.3 Prior Research 4
1.4 Research Design 5
1.5 Structure of the Report 5
Chapter 2: SOCIO-CULTURAL FACTORS 6
2.1 Overview 6
2.2 Brief history of the funeral industry in Australia 6
2.3 The funeral director in Australia 7
2.4 Death and demographics in Australia 9
2.5 Transparency in the Funeral Industry in Australia 10
2.6 Chapter Summary 12
Chapter 3: REGULATORY ENVIRONMENT 13
3.1 Overview 13
3.2 State Regulation of Death and Disposal 13
3.3 Industry Regulation 22
3.4 Regulation of Pre-need (Pre-Paid) Funerals 23
3.5 Funeral Insurance 25
3.6 Funeral Bonds 26
3.7 Chapter Summary 26
Chapter 4: DATA AND ANALYSIS 27
4.1 Overview 27
4.2 Method 27
4.3 Results 28
 4.4 What Drives Funeral Pricing? 30
4.5 Chapter Summary 36
Chapter 5: SUMMARY, CONCLUSIONS AND RECOMMENDATIONS 37
5.1 Summary and Conclusions 37
5.2 Recommendations 38
References: 39
Biographies: 41

List of Tables
Table 3.1: Legislation/Regulations Governing the Transportation of Dead Bodies 15

Table 3.2: State Legislation/Regulations Governing the Disposal of Dead Bodies 16

Table 3.3: State Legislation/Regulations Governing Coffins/Caskets and Other 21

Receptacles

Table 3.4: Particulars of a Funeral Service in NSW 24

Table 4.1: Funeral Services – Online Contact 29

Table 4.2: Funeral Services – Direct Contact (whole $AUD) 29

Table 4.3: Number and Location of Observations 31

Table 4.4: One-way ANOVA 33

Table 4.5: Robust Regression 34

Table 4.6: Three-way ANOVA – NSW Funeral Prices and Indicator Variables 34

Table 4.7: Regression Analysis 35

List of Figures
Figure 2.1: Percentage of Enterprises in Australia in 2016 9

Figure 2.2: Price Segmentation of Funerals in Australia 11

Figure 4.1: Funeral Prices by State (excluding Territories) 31

Figure 4.2: NSW Funeral Prices and Indicator Variables 33

1
This project was partly funded by a CPA Australia Global Research Perspectives Program. The
researchers independently determined the research designed and analysis associated with this
project.
This funding had no influence on the findings or recommendations arising from this research.

The authors would like to thank Jo Walker for her research assistance and Tina Huynh for her
help with the data and analysis.

Contacts
Professor Sandra van der Laan
[email protected]
+61 2 9351 6431

Associate Professor Lee Moerman

[email protected]
+61 2 4221 5575

2
Chapter 1: INTRODUCTION
1.1 Background
Benjamin Franklin’s famous quote “in this world nothing can be said to be certain but death and
taxes!” (Franklin, 1817, p. 266) reinforces the inevitably of death. As a consequence, death-
care will touch everyone at some stage. This connection can be through funeral arrangements
for a relative or friend; planning one’s own ‘send-off’ through pre-need (pre-paid) funerals or
bonds; or organising memorials.
Death-care involves at least four distinct aspects or services. First, is disposal of the body, most
commonly through burial or cremation 1 . This aspect is the only mandatory requirement for
dealing with the deceased (see Chapter 3). Second, is the ceremonial aspect - the funeral service
or the ‘send-off’. Third, the memorialisation aspect including new age ‘virtual’ memorials or a
headstone or plaque providing a sense of ‘place’ for the deceased. Finally, planning for funeral
needs through various means including bonds, insurance and pre-need arrangements. In the
funeral industry, financial value is largely created through the non-essential bundling of the first
two or three aspects, mergers and acquisitions to exploit economies of scale, vertical integration
of death-care services as well as the selling of pre-need funeral packages. On one hand, while
the key revenue driver i.e. the number of deaths in Australia is rising, the death rate (number
per thousand population) is falling (IBISWorld, 2016) and the industry may need to find
innovative ways to value-add in the future. Since the provision of death-care is considered to
be recession-proof, the risk to revenue streams comes mainly from competition for goods and
services in an increasingly corporatised sector. And, in an ‘Uber-style’ environment of disruptive
technologies providing innovative solutions, this competition may come in forms never dreamt of
or imagined a decade ago.
Since funeral practices are culturally grounded there is an Australian ‘way of death’ that has, in
turn, influenced the development of the death-care industry locally. Jalland (2006) asserts that
two major factors, demography and religion, influenced death and bereavement in the 20th
century. Demography, in terms of a shift from high infant mortality to death from old age; and,
the influence from an influx of Catholic and Orthodox immigrants from southern Europe in the
1950s. These factors contributed to a gradual trend of distancing death from the living and the
development of an industry of family and community owned funeral homes. By the 1970s, the
entry of U.S.-based operators into the Australian market was the beginning of a change as local
subsidiaries exploited regulatory gaps and weaknesses and eventually monopolised the death-
care value chain on the profitable east coast of Australia (IBISWorld, 2016; Larkins, 2007).
According to IBISWorld (2016) the Funeral Directors, Crematoria and Cemeteries industry is a
billion dollar industry in Australia with an expected 10% growth within the next five years.
Currently InvoCare Limited2 (InvoCare) a multinational corporation holds a 40% market share
of this lucrative business while the remaining 60% is fragmented with small and family owned
enterprises3.

1.2 Objectives of the Research

As noted earlier, the death-care encompasses at least four aspects, however for this report our
primary focus is on the costs, pricing and transparency aspects of ceremony and disposal that is

1In recent years a technique known as alkaline hydrolysis or “flameless cremation” has been developed as another method of
disposal (Olson, 2016, p.80)
2 InvoCare Limited was floated on the ASX (IVC) in 2003 and is the largest operator in the Asia-Pacific Region.
3For example, Tobin Brothers Pty Ltd is a family owned and run business with 23 enterprises in Victoria and enjoys a mere 2.5%
market share (IBISWorld, 2016).

3
generally undertaken by funeral directors4. Disposal of the deceased in a dignified manner is
regarded as an essential service in Australia and therefore should be available to all, regardless
of income (CPSA, 2009). Therefore, the aim of this research is to develop a comprehensive
understanding of the funeral industry in Australia and the drivers of costs and prices in the current
regulatory environment. Given the recent corporatisation and increasing concentration of the
industry (Cottle & Keys, 2004; IBISWorld, 2016), the study is designed to report on the
following:
 the size and structure of the funeral industry in Australia,
 the social, cultural, regulatory frameworks and institutional impacts on the industry,
 the cost and price drivers in the industry,
 the price of a direct committal (cremation) and a basic or essential services funeral in
Australia in 2016 provided by funeral directors, and,
 the scope and regulation other products that exist in the funeral industry (e.g. funeral
insurance and funeral bonds).
Disclosures regarding pricing and costs of the various options for funerals and body disposal
will enable consumers of these services to make more informed choices and address the concerns
of predatory marketing and price gouging in the industry (see van der Laan and Moerman,
2014). And, while both independent funeral brokers (see www.comparefunerals.com.au) and
InvoCare ‘planning’ websites (see www.funeralplanner.com) offer opportunities for consumers to
compare packages among funeral directors, this report will provide recommendations for policy
makers and regulators in terms of promoting consumer choice, protecting vulnerable consumers
by contributing to efforts to increase price transparency.

1.3 Prior Research

The funeral industry has attracted the attention of the popular press and governments (e.g.
CPSA, 1992; FCDC, 2005; NSW Parliament, 2005: Shelley, 2011) due to the social impact of
its services and its size. Additionally, death-care in general and the funeral industry in particular
is largely ignored as a research site in the accounting literature.
The market in which funeral directors operate is non-traditional and it is not surprising that
complaints about pricing, over-servicing and consumer exploitation have arisen. Funeral pricing
came to the attention of various governments in the 1970s following suggestions that consumers
of funeral services were being exploited at their most vulnerable (Larkins, 2007). Around the
same time, there was an expansion in the services offered by funeral directors to combat cut-
price competition by offering simple or no-frills funerals (Jalland, 2006). In response to consumer
complaints about overpricing and transparency by funeral directors, the Pricing Surveillance
Authority (PSA) conducted an Investigation into Funeral Prices in 1991. It concluded that consumers
need to be educated about funeral operations to prevent potential exploitation from the
information and power asymmetry in the industry (PSA, 1992). Further inquiries into the industry
were conducted by the NSW and the Victorian governments in 2005 focussing on pricing
practices, industry conduct and transparency. Several recommendations were implemented
including regulations regarding the disclosure of costs and the requirement for the service
providers to offer a basic or essential services funeral to enable consumer comparison across
providers. The NSW Fair Trading Act 1987 defines a basic funeral as:

‘The supply of specified goods and services, including the arrangement and conduct
of a funeral service to be held during ordinary business hours, limited transport of
a body, and supply of the least expensive coffin that a supplier of a funeral goods
and services has available (NSW Fair Trading, Explanatory Note, 2008).’

4 Recently, web-based enterprises offering direct committal services through the internet have emerged.

4
Following the announcement of this reform, in 2009 the Combined Pensioners & Superannuates
Association of NSW Inc (CPSA) conducted a study to determine the cost of a basic funeral or the
lowest price funeral on offer from a sample of undertakers (funeral directors) across NSW. The
CPSA advocates on behalf of those on a low income and recommended that the NSW
government introduce a statutory price for a basic funeral. Their study was conducted by cold-
calling undertakers using an alias to elicit the total price and itemised prices for certain goods
and services. The CPSA (2009) found a significant difference in the price of a basic funeral, a
lack of transparency regarding discrete goods and services, non-compliance with the
requirements of itemised quotes, incidences of up-selling and a lack of competition in the funeral
industry.

1.4 Research Design

Due to the bespoke nature of funerals, the bundling of certain administrative and overhead costs
and cross-subsidisation of costs makes it difficult and somewhat meaningless to establish the price
of an ‘average’ funeral (FCDC 2005). Therefore, this research focuses on two distinct products
that have standard features. First, the direct committal (cremation) or disposal of the body
without a funeral service; and second, the basic or essential services funeral that includes
cremation and a funeral service. While a basic funeral can include either burial or cremation,
the costs of burial are so dependent on factors, such as geographical location and significant
variation in cemetery fees, the study reports on cremation only.
To address the research objectives both quantitative and qualitative approaches to data
collection and analysis were used to compare and report jurisdictional similarities and
differences across states. Therefore, the approach to the study was as follows:
 We conducted a literature review to determine the social, cultural and historical features of
death-care and the funeral industry.
 We identified the size and characteristics of the funeral industry in Australia and described
the structure of pricing for goods and services.
 We compiled a database of state and federal legislation and regulation relating to
death-care and the funeral industry.
 We conducted a survey of funeral directors to determine pricing of two ‘standardised’
products using both online information and direct contact (via telephone) and analysed the
data.
The information was gathered from a variety of sources including: documents e.g. annual reports,
federal and state legislation and regulations; prior scholarly research; direct enquiry from
service providers and peak bodies (e.g. Australian Funeral Directors Association); electronic
media such as websites; and, government and advocacy reports into the industry.

1.5 Structure of the Report

The following chapter discusses the social and cultural aspects of death-care and the funeral
industry in Australia by providing a brief history to contextualise an Australian ‘way of death’
that provides a basis for current levels of transparency and accountability in the industry.
Chapter 3 explores the regulatory environment for funeral services. A database of both of
existing requirements for disposal of the deceased, pre-need or pre-paid funerals and financial
products and professional standards in Australia is described. Since the scope of regulation is
fragmented, we have also identified regulatory gaps that allow for the entrance of new business
models and the do-it-yourself funeral. Chapter 4 presents the data and the results of the
analysis. We conclude in Chapter 5 with recommendations and future directions for research.

5
Chapter 2: SOCIO-CULTURAL FACTORS
2.1 Overview
Death-care and funeral rituals are dependent on a range of social, cultural, regulatory and
historical factors. Different cultures and societies express death and funerals in very different
ways. For example, Hindu cremation rituals in parts of India require the chief mourner to break
the skull of the corpse in the funeral pyre with a stick to release the soul (Firth, 1996). The
traditions of death that predominate in countries such as Australia, New Zealand, United
Kingdom and the United States are similar, albeit with some differentiation for cultural and
ethnic groups. To study the funeral industry in its present form in Australia it is necessary to
contextualise death within particular transformative changes.

2.2 Brief history of the funeral industry in Australia

In the 1800s, the demographic features of high infant mortality and the Christian religion were
major influences on the rituals of death in Australia. In particular, spiritual belief afforded a
model of acceptance and a language to express death and grief (Jalland, 2006). However, by
the turn of the 20th century the infant mortality rate in Australia was in decline and there was a
noticeable change in the practice of Christianity. From 1971 to 2001, the proportion of
Australians identifying with a Christian religion fell from 86% to 68% (NSW Parliament, 2005).
Catholicism and a preference for burial had come to dominate as a result of post-war European
migration (Jalland, 2006; IBISWorld, 2016). However, since the substantial decline in Christian
church attendance and the rise of other religious practices, cremation has grown as the preferred
disposal option for two-thirds of deaths in Australia. With the trend to cremation the need for
fixed physical placement of remains seems less important in the 21st century. Cremated remains
(ashes or cremains) provide opportunities for innovative products such as the incorporation of
ashes into keepsakes (teddy bears, vinyl records, pencils etc.), jewellery, fireworks and even
tattoo ink.
During the 20th century, the traditional activities associated with death and mourning shifted from
family control to institutions. This trend is highlighted in the current figures that confirm that in
Australia only 14% of people die at home, 54% in hospital and 32% in residential care (nursing
homes) (Swerissen and Duckett 2014). In the 19th and early 20th centuries women were involved
at the death bed, preparing the body after death until the funeral (Jalland, 2006). However,
by the outset of World War I, undertakers became prominent. Within the following 30 year
period until the end of World War II (WWII) a shift to a culture of ‘death denial’ and the
privatisation of grief had developed. A major contributor was the lack of a “survivors’ capacity
to cope in the face of such a massive overload of death and sorrow” (Jalland, 2006, p.14) – a
state that did not change until the 1980s with the revival of “expressive grief” (Jalland, 2006,
p.351) and the subsequent rise in the memorialisation aspect of death-care. The desire to hold
on to a memento or object is an important factor in the memorialisation aspect of death-care.
In the current environment, memorialisation has moved from the traditional epitaph to a range
of innovative technological and virtual ‘solutions’. These new forms of ritualisation of death also
coincide with the secularisation and individualisation of western society in the late 20 th century
(Schafer and McManus, 2016). Headstones and memorial plaques are being replaced by
immortalisation through cloud-based memorial sites, for example Facebook and other
technological solutions that provide virtual, interactive and flexible memorials. Now one can
construct the post-self through cloud-based technology sites such as Qeepr5. Some sites even go
so far as to offer a post-death message service and it is not a huge leap to imagine an after
death ‘chat’ function with a clever algorithm.

5 http://www.qeepr.com/

6
Another significant impact comes from the decreasing death rate due to improvements in: health
outcomes from advances in medical science; the drugs to treat disease and prolong life; and
health awareness (e.g. the dangers of smoking) extending the average lifespan of males to 80.1
years and females to 84.3 years (IBISWorld, 2016).
The funeral industry in Australia has now reached maturity (IBISworld, 2016; FCDC, 2005) with
the opportunities of merger and acquisition that reflect economies of scale and value-adding,
as well as new products to boost revenue. However, new challenges from disruptive technologies,
products and services and innovative business models such as those described above have arisen.

2.3 The funeral director in Australia

In the 19th century funerals were undertaken by a disparate group of professionals including
builders and carpenters providing coffins with doctors and clergy performing other funeral work.
This modest business model developed throughout the 20th century to the full service funeral and
the professionalisation of the funeral director that is evident today. Professions are characterised
by a set of criteria that includes a systemic body of knowledge, authority and credibility,
community sanction, self-regulation and a code of ethics (Greenwood, 1957). For example, in
the US, communities of practice have emerged from the specialised knowledge and techniques
of embalming that create jurisdictional boundaries and control of the death-care market (Olson,
2016). While embalming is not popular in Australia, funeral directors still retain a monopoly
over funerals and are therefore influential in the market and control prices (IBISWorld, 2016).
Currently, 60% of funerals in Australia are undertaken by a member of the peak industry
association, the Australian Funeral Directors Association (AFDA). While several options have been
canvassed for the regulation of funeral directors, recommendations for an industry code of
practice, rather than a licence to operate6, has reinforced the self-regulated status of funeral
directors (FCDC, 2005; NSW Parliament, 2005).
Today, the funeral director is seen as relieving the bereaved of the burden of the practical
aspects of disposal of the deceased (PSA, 1992). Indeed, navigating the legal requirements of
disposal and engaging with crematoria or cemetery staff directly is a daunting and often near
impossible task (Larkins, 2007; Munro, 2016; PSA, 1992). A funeral director may offer the
following:
 Transferring the body to a mortuary or funeral premises;
 Provision of a coffin or a casket (or appropriate receptacle for transportation and/or
disposal);
 Arranging the ceremony and committal;
 Organising notices and floral tributes including transportation from ceremony to committal;
 Obtaining medical certificates and registering death;
 Preparation and arrangement of a viewing;
 Transportation (hearse) to the ceremony and committal;
 Payment of disbursements e.g. clergy fees, flowers, notices and cemetery/crematoria fees;
 Organisation of memorials; and
 Grief counselling.
As mentioned earlier, during the period of death denial, the domain of the funeral director
increased considerably to provide a ‘package’ or ‘bundle’ of goods and services to simplify the
process of decision-making for consumers. Further, the overall decline in religious faith has meant
that memorialisation, as a way of consolation and grief, has become increasingly secularised.
For example, the presence of memorabilia, such as sporting equipment or other treasured objects
of the deceased; and public testimonies rather the standard liturgy as a part of the funeral
service (Jalland, 2006). A decline in church attendance has meant that funeral directors provide

6 Licensing is required in Western Australia.

7
a ‘chapel’ or other space for the ceremonial aspect of the funeral. Ethnic, religious and cultural
groups bring unique requirements to the industry, although the customs and practices may also
differ among groups depending on the length of time and the particular characteristics of the
deceased and the family (NSW Parliament, 2005). For example, Buddhists communities come
from a variety of ethnic backgrounds and practices and differ according to their background;
Hindus and Buddhists prefer cremation; Muslims and Jews have ceremonial practices and prefer
burial (IBISworld, 2016; NSW Parliament, 2005). More recently, there has been a shift to
sustainability considerations and the advent of a ‘green’ funeral using more biodegradable
burial options materials, reusable coffins and environmentally-friendly cremations (IBISworld,
2016; Olson, 2016).
In the 1970s, concern over pricing by funeral directors, the lack of public knowledge about the
funeral industry along with the need for education to remove the ‘mystique’ arose (Jalland,
2006, p.291). In 1980, Simplicity Funerals was established in Australia to provide “quick, plain
and unsentimental, but above all cheap” funerals (Jalland, 2006, p.292) as a challenge to both
rising prices and the American-style of extravagance with expensive coffins or caskets and
embalming.
By the 1980s, the business model had evolved from many small and/or family-owned firms to
larger enterprises through takeover and amalgamation. In some states, market domination was
also secured through the acquisition of cemeteries and crematoria (Jalland, 2006). Since the
1990s, the increasing monopolisation of funeral services prompted the Prices Surveillance
Authority to investigate pricing and other practices. Complaints from consumers included concerns
about: the wide range of quoted prices for the same goods and service; overpricing and
unreasonable increases in pricing for funerals held less than a year apart; the provision of
excessive non-optimal services; and importantly, customer confusion (PSA, 1992).
In the mid-1990s, two US multinational firms had entered the Australian market, introducing
expensive memorialisation and aggressive marketing of pre-paid funerals (Jalland, 2006). By
2001, the largest of these firms, Service Corporation International (SCI) sold 80% of its
ownership in the Australian funeral industry to a consortium led by the Macquarie Bank. This
entity listed on the ASX in 2003 as InvoCare and currently enjoys an estimated 40% of total
market share in Australia. Over the next five years industry consolidation with other mergers
and acquisitions of small and medium size funeral homes is expected to the create economies of
scale necessary for industry growth by other conglomerates (IBISWorld, 2016).
Two important government reports were published in 2005, the NSW Parliament Inquiry into the
Funeral Industry (NSW Parliament, 2005) and the Parliament of Victoria (FCDC, 2005) Inquiry
into Regulation of the Funeral Industry. The outcome of both inquiries were recommendations for
the introduction of a mandatory and comprehensive code of practice for the funeral industry
that covered, among others, the provision of a basic or essential services funeral 7 and the
requirement to provide a standardised funeral quote and invoice. In particular, the
recommendations emphasised the need for lower cost options including cremations, alternative
options for manufacturing coffins8 and do-it-yourself funerals. Following the NSW Inquiry, the
NSW government introduced reforms of the Fair Trading Act 1987 to promote low cost funerals
(CPSA, 2009).
A basic funeral in NSW comprises the following:
 the arrangement and conduct of a funeral service, at either the premises of the funeral
director or at the place of burial or cremation between the hours of 8am and 5pm on a
weekday;
 transport of the deceased to any of the following places where no individual journey is
more than 30 kilometres:

7 The cost and composition is regulated through the Product Information Standard for funerals developed by the Office of Fair
Trading in NSW.
8The NSW Parliament report indicated the need for coffins made from materials such as chipboard or cardboard to lower funeral
costs.

8
 the premises of the funeral director,
 a mortuary, or
 the place at which the deceased is to be buried or cremated;
 storage of the deceased in a mortuary or holding room;
 the preparation of the deceased for burial or cremation (not including preparation for
viewing or embalming);
 the least expensive coffin that the funeral director has available;
 collection of compulsory medical certificates or permits in relation to the deceased; and,
 burial or cremation (NSW Fair Trading, 2016, n.p.).
Funeral directors are not required to provide a basic funeral, however most offer some kind of
simple but dignified funeral. If a basic funeral is provided, the consumer must be given a basic
funeral notice prior to entering into a contract that itemises the price of the basic funeral goods
and services and an estimation of disbursements (NSW Fair Trading, 2016).

2.4 Death and demographics in Australia

Demographic changes are drivers for both opportunities and challenges in the funeral industry.
According to IBISWorld (2016), the key external drivers for the funeral industry include: number
of deaths; attendance at Catholic Mass as a proxy for the preference for a burial; age of the
population (> 70 years); and, real household disposable income. The largest demand
determinant and revenue driver in the funeral industry is the number of deaths which has been
constrained by advances in medicine and also higher living standards and approaches to health
(IBISWorld, 2016). In Australia, 55% of funerals are for people aged 80 years and over and
32% for the 60 to 79 years age bracket (IBISWorld, 2016). The ageing population of the ‘baby
boomers’ with their desire to retire to coastal regions in Australia is an example of a trend
impacting the industry in terms of current and future demand and location of services (NSW
Parliament, 2005). For example, just under 80% of all operators are located on the east coast
of Australia (IBISWorld, 2016). Figure 2.1 below indicates the percentage of enterprises in the
Funeral Director, Crematoria and Cemetery sector state-by-state in Australia in 2016.

3% 1% 1%

6%
10% NSW
38%
VIC
QLD
13%
SA
WA
TAS
28% NT
ACT

Figure 2.1: Percentage of Enterprises in Australia in 2016 (IBISWorld, 2016)

Figure 1

9
As shown in Figure 2.1, NSW and Victoria have the highest number of enterprises with 66% of
the national market. While information from all jurisdictions was collected for the study, due to
the fragmented nature of regulation in the industry, NSW statistics and examples are often used
in this study as a representative sample. While some states authorities are silent on certain
aspects of funerals, NSW generally provides the most detailed and comprehensive legislation
and regulations.
Packaging death-care by funeral directors has resulted in opacity of the industry. Recently,
organisations providing a more transparent, democratic, open and responsible death-related
practices have emerged. While internet sites such as The Groundswell Project9 and Death Cafes10
espouse empowerment, consumers still lack information about processes and operations, options
and pricing.

2.5 Transparency in the Funeral Industry in

Australia
The loss of a loved one is a time of grief and vulnerability often accompanied by an impaired
ability to make informed decisions within a short period of time. If we consider the funeral
industry as a provider of essential goods and services, the interface between consumer and
funeral director is one where consumers are constrained from transacting in a rational manner in
the marketplace (Gentry et al, 1994). Consumer choice is dependent upon the consumer knowing
the options that exist. The PSA (1992) report and the NSW Parliamentary Inquiry (2005) both
identified a need for increased community awareness and, more importantly, education with
regard to the pricing of funerals and alternatives. Therefore, the provision of clear and
transparent information is especially important for consumers of funeral industry products and
services as the decision process involves a markedly different context than other or usual major
purchases (Dobscha, 2016; Gentry et al, 1994; NSW Parliament, 2005; PSA, 1992).
Australia is characterised by large urban or metropolitan regions that significantly differ in size
to rural or remote areas (non-urban). In non-urban areas pricing is impacted by several
distinctive characteristics including: the lack of pressure on land for burials; the distances
travelled for crematorium services; the lower number of funerals; as well as a lack of local
competition leading to monopolistic practices (NSW Parliament, 2005). Included in the price of
non-urban cremation, for example, is the higher allocation rate for overhead (fixed) costs. In
areas where the distance is greater than 30km to the business premises, a local funeral director
may not be able to provide a basic funeral service (NSW Office of Fair Trading, 2011).
Therefore, there is considerable scope for variation in the overall price for a funeral depending
on consumer choice, options available, location of the funeral and the funeral directors’ available
goods and services. The itemised invoice from a funeral director generally differentiates three
distinct components of the overall price of a funeral to the consumer. First, the professional fee
for the services of the funeral director which includes items such as labour and salary costs, liaison
with service providers, vehicles, overhead costs in maintaining premises and the opportunity cost
of 24-hour availability. Second, the amount charged for a coffin (cost + mark-up); and, third,
disbursements (fixed and variable costs paid for and transferred to customer) such as flowers,
certificates or cemetery/crematoria fees (NSW Parliament, 2005).

9 http://www.thegroundswellproject.com/new-blog/2014/6/9/death-cafe-conversation-with-jon-underwood
10 http://deathcafe.com/

10
 6%
10%

39%
Professional Services Fee
14% Coffin/Casket
Burial
Cremation
Other Disbursments

31%

Figure 2.2: Price Segmentation of Funerals in Australia (IBISWorld, 2016)

Figure 2

Figure 2.2 above highlights the scale of the professional service fee which accounts for the
largest share of revenue in the industry (IBISWorld, 2016). The NSW Parliamentary Inquiry
(2005) found that the professional fees component of a funeral director’s invoice was the least
transparent item for vulnerable consumers. This fee includes labour which has been estimated at
24-40 hours per funeral11 and is the largest cost for the funeral director. Overall, labour and
purchases account for 66% of the total revenue while profit in the industry is 12% of revenue
(IBISWorld, 2016). In total, for the 2015-16 financial year the 836 enterprises (1232
establishments) reported a combined profit of $122.9 million (IBISWorld, 2016).
As demonstrated in Figure 2.2, coffins/caskets (cost + preparing the coffin with items such as
lining, handles etc.) on average account for 31% of the price of a funeral. Therefore, it is not
surprising that the mark-up on coffins/caskets sometimes exceeds 100%, often to cross subsidise
other less profitable areas of operations (IBISWorld, 2016; PSA, 1992). The Victorian
government inquiry (FCDC, 2005) recommended that any future regulations regarding the
manufacture and use of coffins should not provide an opportunity for anti-competitive practices,
such as excluding manufacturers to limit consumer choice or prevent innovation. Another
significant cost driver for the funeral industry is burial especially in areas where the availability
of cemetery space and land is diminishing, pushing prices up. The current trend for a cheaper
cremation, despite relaxing the need for an expensive burial, usually generates less revenue
per service and inhibits revenue growth.
While the introduction of a basic funeral or essential care funeral was one recommendation to
increase transparency and lower costs, an increase in customisation and other value-added
goods and services, such as webcasts of funerals and online memorialisation are expected due
to the forecast for a mild growth in deaths combined with an increase in cremation (IBISworld,
2016).

11In 1992, the PSA (1992) reported that the AFDA estimated the average number of labour hours in a funeral at 35-40 hours.
Other sources indicated that the minimum labour content for a funeral was in the order of 20-25 hours.

11
2.6 Chapter Summary
All societies generally demonstrate unique arrangements for caring for the dead with social,
historical, religious and cultural differences. These factors influence death-care in general and
the funeral industry in particular. In Australia, changes brought by major wars fought in Europe,
increases in medical science and altered religious practices have played a role in establishing
an ‘Australian way of death’. Currently the disposal and ceremonial aspects of death-care fall
under the aegis of the funeral director. The funeral director in the 21st century is a self-regulated
professional and provides goods and services to the general public.
Given the vulnerability of the consumers of funeral industry products and services, several
government inquiries and consumer advocates have recommended changes to ensure
transparency and competitiveness. Most importantly, the requirement to provide an itemised
quote for goods and services, the introduction of a basic or essential services funeral and more
stringent and comparable legislation across jurisdictions. The following chapter explores the
various legislation and regulation on a state-by-state basis in Australia pertaining to the funeral
industry.

12
Chapter 3: REGULATORY ENVIRONMENT

3.1 Overview
In Australian death-care products and services are subject to the overarching legal framework
of the Competition and Consumer Act 2010 (Cth) which governs Australia-wide consumer rights.
Industry participants however, are self-regulated with various facets of death-care/funeral
industry regulated on a state-by-state basis. In terms of professional self-regulation for the
funeral industry, multiple associations exist at national and state levels. Membership to one or
more of these bodies is voluntary, therefore not all funeral directors and/or industry participants
are subject to a professional code of conduct or sanctions for non-compliance of industry-based
standards.
As noted previously, while consumer rights are regulated under the Competition and Consumer
Act 2010 (Cth), there are six ‘common’ or traditional stages or activities undertaken in the funeral
industry that may be specifically regulated in certain jurisdictions. Additionally, there are
products such as pre-need funeral plans, funeral bonds and funeral insurance that are subject to
discrete legislation.
Since the focus of the report is the funeral industry, only those practices or relevant regulation
related to the provision of funeral products and services are outlined. This includes: the various
legislative and self-regulatory requirements (e.g. professional associations and codes of
conduct); and, statutory consumer protection regulation for specific funeral service products (pre-
need funerals, funeral insurance and funeral bonds).

3.2 State Regulation of Death and Disposal

The enterprises in the funeral industry operate, manage and use funeral homes, cemeteries and
crematoria. As such the specific regulatory requirements stem from the operation and
management of the process which can be separated into six discrete stages. Where regulation
exists, it tends to be independent of other stages and is therefore, fragmented and sometimes
inconsistent between jurisdictions.

3.2.1 Confirmation of death

In all jurisdictions, it is illegal to dispose of a body before death has been confirmed. Depending
on the circumstances and where the death has occurred, different arrangements exist. However,
when someone dies, a medical doctor must sign a certificate that confirms the death - generally
referred to as a Doctor's Certificate of Cause of Death. Since the majority of Australians die in
an institution (approximately 86%) and, even those that die at home are generally under the
care of a doctor, certification is straightforward. Following confirmation of death, the body then
comes into the care of the person with authority to make arrangements for disposal. If the death
occurs at home the attending doctor must be contacted within 12 hours of death. The doctor
sends the original certificate to the State Registrar of Births, Deaths and Marriages.
The exception is when the death is considered reportable or notifiable, for example death from
unknown causes, accidental death and suspicious death. In these cases the Coroner takes and
remains in control of the body until the cause of death is established, which may require an
autopsy. Once the cause of death is established the control of the body is transferred to the
person with authority to make arrangements (Department of Human Services, 2016b; Larkins,
2007; Munro, 2016).

13
3.2.2 Authority to make arrangements
If the deceased has a Will, the executor of the Will has the authority to make arrangements,
even if they are not consistent with the deceased wishes as expressed in the Will or a pre-need
(pre-paid) funeral. Under common law the deceased does not have the final say over funeral
arrangements (Larkins, 2007). However, in most Australian states the law upholds a person’s
articulated wishes in terms of disposal (desire for cremation or opposition to cremation) (Victorian
Law Reform Commission, 2015).
If the deceased dies without a Will (intestate), the person who receives the majority of the
deceased’s estate normally has the final say in making arrangements and disposal of the body
(Larkins, 2007; Victorian Law Reform Commission, 2015). If the estate is large, sometimes this
complicates matters and an administrator is appointed through probate. This administrator then
has the final say (Larkins, 2007; Victorian Law Reform Commission, 2015).
Taking possession of the body
It is legal for the person that has authority to control the body to take physical possession of the
body as long as the death was not from an infectious disease. There is no requirement for the
body to travel in a purpose built vehicle or to engage a funeral director to do this (Larkins,
2007; Munro, 2016).
The Vigil
A vigil is not to be confused with storage of a body prior to disposal. Home vigils are not
prohibited by law and you could also hold a vigil in a hall or other suitable place. However, the
timing12 and place of a vigil is restricted by the regulatory requirements under state health and
environmental legislation. For example, an appropriate space where the body can be kept or
‘watched over’ correctly (cool and dry).

3.2.3 Transportation of the body

Where state legislation regulates aspects of the transportation of a body it occurs at different
levels of specificity. Table 3.1 below outlines the legislation that regulates transportation in each
state.

12For example, In NSW under Public Health Regulation 2012 (NSW) a person who is not a funeral director must not retain a
body for more than 5 days.

14
Table 3.1: Legislation/Regulations Governing the Transportation of Dead Bodies

NSW Public Health Act 2010 and Public Health Regulation 2012

Victoria No legislation or regulations

Queensland Queensland Funeral Industry Code of Conduct (Version 1,2013)

from the Office of Fair Trading

South Australia Burials and Cremation Act 2013 and the Burial and Cremation
Regulations 2014

Western Australia No legislation or regulations except when the person dies on

inter-hospital transfer

Tasmania Burials and Cremations Act 2002 and Burial and Cremation
(handling of human remains ) Regulations 2005

ACT No legislation or regulations

Northern Territory No legislation or regulations

NSW has the most stringent regulations under the Public Health Act 2010 (NSW) and Public
Health Regulation 2012 (NSW) which regulate the handling of the body by both funeral industry
professionals and by members of the public. Other states largely rely on the general principles
(practices, codes of conduct) of the funeral industry to appropriately govern the transport of
bodies. Therefore the remainder of this section focuses on the NSW environment.
In NSW, regulations control: handling of bodies for embalming and viewing; the use of body
bags and storage of bodies; as well as, the requirement and management of funeral director
and mortuary vehicles used for the transport of bodies. In recent times specialised mortuary
transport businesses that repatriate bodies nationally and internationally (e.g. Funeral Transfer
Services of Australia) have emerged. While, the regulations do not prohibit the use of private
vehicles, there are requirements to ensure that all vehicles are cleaned appropriately and that
transportation is limited to 8 hours unless the vehicle is refrigerated. Regardless of the type of
vehicle, including private transfers, all bodies must be appropriately secured in a bag or
wrapping that prevents leakage and it is labelled indelibly on the surface to identify the
deceased (see para 58, Public Health Regulation 2012 (NSW).
In sum, there are few impediments to transport a body, however before moving a body there
will likely be a requirement for the person wishing to transport the body to provide evidence
they have a right to do so (e.g. Will, signed authority for the funeral director) to the institution
where the body is being held (e.g. hospital) (Larkin, 2007).

3.2.4 Death notices

Australia-wide, death notices are optional however prior to publishing, newspapers will likely
require proof of death. In an age of social media, state regulation around accounts of the
deceased and virtual obituaries are non-existent except in the case of making false and
misleading statements (ACCC, 2017).
Social media has become a vehicle for memorialisation with the development of innovative
means of virtual memorialisation (e.g. digitalheritage.net.au). Funeral directors are increasingly
offering memorial websites as a value-added service (e.g. heavenaddress.com – now owned
by InvoCare).

15
3.2.5 Disposal
Regulatory instruments that directly govern disposal (cremation or burial) and indirectly
cemeteries and crematoria, are summarised in Table 3.2 below. As the most regulated aspect
of the funeral process, these regulations are detailed on a state by state basis as they exhibit
distinctive jurisdictional differences. Much of this legislation and regulation focuses on the
management of cemeteries and crematoria (which is outside the scope of this work) and run to
several hundred pages (e.g. the Land Act 1994 (Qld) which regulates cemeteries and burials is
nearly 600 pages) as well as interacting with other legislation (e.g. Crown Lands Act 1989 No.
6 (NSW), National Parks and Wildlife Act 1974 (NSW)). Therefore, NSW and Victoria (which
cover approximately two-thirds of Australian disposals) are reviewed in some detail with the
remainder of this section highlighting the key features/differences that apply to the particular
jurisdictions only. Interestingly, different jurisdictions use different terms – sometimes
interchangeably – for both the body of the deceased (e.g. human remains, bodily remains) and
cremated remains (e.g. ashes).
Additionally, disposal by sea burial is covered by federal regulation and is briefly outlined in
this section.

Table 3.2: State Legislation/Regulations Governing the Disposal of Dead Bodies

New South Wales Cemeteries and Crematoria Act 2013, Cemeteries

and Crematoria Regulations 2014, Public Health Act 2010 and
Public Health Regulation 2012

Victoria Cemeteries and Crematoria Act 2003 and Cemeteries and

Crematoria Regulations 2015

Queensland Land Act 1994, Land Regulation 2009, Cremations Act 2003 and
Department of Natural Resources and Mines Policy
(PUX/901/653) “Burial on land administered under the Lands Act
1994”

South Australia Burials and Cremation Act 2013 and the Burial and Cremation
Regulations 2014

Western Australia Cemeteries Act 1986, Cremation Act 1929 and Cremation
Regulations 1954

Tasmania Burials and Cremations Act 2002 and Burial and Cremation
Regulations 2015

ACT Cemeteries and Crematoria Act 2003 and Cemeteries and

Crematoria Regulations 2003

Northern Territory Cemeteries Act 2013 and Cemeteries Regulations 2013

New South Wales (NSW)

In NSW burying a body is restricted to a grave or vault:
 in a public cemetery; or

16
 on private cemetery approved by the relevant local government authority;
 on private land greater than 5 hectares and approved by the relevant local government
authority; or
 on land reserved for such purpose under the National Parks and Wildlife Act 1974; and,
 providing the site is not likely to contaminate the water supply.

Burying a body on private land affects zoning and may affect the future ability to sell the land.
If burial is in a vault the body must be embalmed and hermetically enclosed as well as being
placed in a coffin with the lid secured.
Further controversial regulations have recently been introduced in response to pressure on space
in cemeteries – particularly in Sydney – where available plots will be exhausted by 2050 at
the current rate of burial and anticipated death rates (Ryan and Steinmetz, 2017). For example
in NSW, renewable interment rights have been introduced. While perpetual interment rights
allowed for revocation of the right with appropriate compensation if not exercised within a 50
year period, under a renewable rights agreement cremated remains have interment rights that
last 99 years from the date of the grant (human remains last 25 years) with an option for 5
yearly renewal (upon payment) up to a maximum of 99 years.
Renewable interment rights depend on whether the remains are cremated remains or human
remains (body). Interment sites subject to renewable rights can be reused and any memorial
removed 2 years after the expiration of the right. However, before any interment site can be
reused any human remains must be placed in an ossuary box and re-interred at a greater depth
(a practice known as ‘lift and deepen’) or placed in an ossuary house or similar. No site can be
re-used unless human remains have been interred for at least 25 years. Cremated remains are
returned to the holder of the right or scattered in the cemetery.
For cremation the regulations include the following:
 no more than one body in the crematory retort (chamber) at the one time;
 the body should not be cremated within 4 hours of delivery of the body;
 no cremation should take place if it against the written direction of the dead person13;
 no cremation should take place if the body is not identified; and
 the cremation authority must have (i) an application to cremate, (ii) a cremation permit, and
(iii) a cremation certificate.
Cremated remains (sometimes referred to as cremains) must be:
 given to the cremation applicant; or
 disposed of in a burial ground or land adjoining the crematory reserved for that purpose;
or
 otherwise, retained or disposed.

Victoria (VIC)
In Victoria, all cemeteries and crematoria are governed by Class A and Class B cemetery trusts.
The classification system relates to the scale of operations, services provided and the communities
served. Classification, therefore, can alter over time and councils may be appointed to manage
a cemetery.
Burials are not permitted in Victoria outside public cemeteries without permission of the Secretary
of the Department of Health. While burial in a religious or indigenous burial ground may be
granted, burials on private property are not generally approved because of an inability to
meet the requirements of legislation (e.g. maintenance, access and record keeping).

13 This is anomalous with the regulations about authority to make arrangements.

17
Interment rights for burial in Victoria are perpetual. However, the Act does grant power to the
trust to subject a right of interment to specific conditions. Therefore it appears possible that a
cemetery trust could impose time limits on rights. Interment rights may be for an allocated site or
an unallocated site or a public grave (a grave where more than one person is interred, but the
right is only for one individual). The holder of an interment right can request the remains can be
‘lifted and re-positioned’ in order to reuse the site, however the remains in that site must have
been there for at least 10 years before permission is granted. Allocated places of interment
must be maintained appropriately by the holder of the right. Interment rights can be transferred
in Victoria as long as the consideration does not exceed the current fee payable for a current
cemetery trust right (and transfer fees). Memorials must be approved by the cemetery trust (and
fee paid).
Cremation regulations in Victoria provide that the cremated remains must be available two (2)
days after cremation and must be held for at least 12 months. If cremated remains are not
claimed within that time, then the cemetery trust may dispose of them in the grounds of the
cemetery or otherwise. Interment rights for cremated remains may be either perpetual or for a
fixed period of 25 years (and can be extended or converted to perpetual). At expiration of a
right, a cemetery trust can remove cremated remains and any memorial and dispose of them
within the cemetery grounds.
Some other unique features of the Victorian arrangements are:
 rules and responsibilities for interment of “poor people”14 by cemetery trusts;
 mausoleums are required to de designed for a service life of at least 100 years;
 specific prohibitions (without permission) regarding activities including playing sport, fishing,
bathing, hunting and camping in cemeteries.
The other regulations (e.g. certification and approval requirements) across all states are similar
to NSW, therefore only legislation or regulations that differ significantly are addressed for the
following states.

Queensland (QLD)
In Queensland there is no legislation or regulation that specifically prohibits burying human
remains outside a recognised burial place. Local government authorities may allow burials on
private land. The Land Act 1994 reserves or grants land under a deed of trust for cemetery
purposes and these cemeteries are generally managed by trusts or local government authorities.
Right of burial (interment rights) in a cemetery are irrevocable once they are exercised and
unused rights of burial are subject to local authority conditions (may be returned to the authority
with compensation or transferred). Memorials require approval from the cemetery
operator/management.
Cremation rules are similar to other states except the authority has the right to bury unclaimed
ashes after one (1) year. Additionally, in Queensland cremated remains may be divided
between interested parties and disposed of in different ways.

South Australia (SA)

The South Australian legislation and regulations are relatively new (2013 and 2014
respectively). The specific characteristic of the SA environment are:
 cemeteries and burial grounds are to be fenced;
 bodily remains can be buried on private land with council permission outside metropolitan
Adelaide (no land size restriction);
 interment rights are available both perpetuity or for a limited period (and renewable – no
maximum period specified);

14 Cemeteries and Crematoria Act 2003 (Vic).

18
 lift and deepen or move to an ossuary permitted on expired interment rights;
 unclaimed memorials digitised;
 two (2) years notice for changes (e.g. renewal of interment right, re-use of burial ground);
 with approval of the relevant Minister, cemeteries or natural burial grounds can be closed
as long as more than 50 years has passed since last interment. In the case of closure, bodily
remains are not to be disturbed with the land dedicated to park lands.

Western Australia (WA)

In Western Australia the legislation and regulations surrounding burials and cremation are very
dated (although regularly amended). Cemeteries in WA are run by Cemetery Boards and
burials must be in a cemetery (unless permission is granted by the Minister where the primary
consideration is remoteness). Funerals in WA must be conducted by a licensed funeral director
or an individual granted a permit by the relevant cemetery board.
A right of burial comes with a right to erect a memorial (with appropriate permission) and the
right of burial lasts for 25 years. Further renewals are possible for 25 years at a time. Unlike
NSW, there appears to be no maximum limit on tenure.
Cremations have been conducted in WA since about 1900 at the crematorium at Woodman
Point Quarantine Station. Regulations for cremation are similar to those in other states except
disposing of the ashes, other than burial on site, is by exception. The Act stipulates that the ashes
should be buried in the site of the crematorium unless the person who obtained the permit to
cremate desires otherwise.
Tasmania (TAS)
In Tasmania, burial can occur in cemeteries or on private land. Cemeteries have both perpetual
interment rights (grant in fee) or, since 2002 limited tenure of 25 years with terms on
renewability, transferability and cancellation as specified with the right. All interment rights are
granted until 5 years after all persons entitled under the right have been buried and if that
occurs, the right is relinquished.
Disused cemeteries or portions of cemeteries can be laid out as a park or garden if they have
had no interments for 30 years. Any rights not exercised are replaced either elsewhere in that
cemetery or another cemetery at no charge. If land where a cemetery has previously existed is
disposed, then any remains must be removed and any interment rights replaced.
Interment is allowed on land other than a cemetery with permission of the land holder, the
relevant council and the Director of Public Health (or delegate). No land size restrictions are in
place.
In Tasmania it is lawful for Aboriginal cremations to occur on Aboriginal land with appropriate
approval. All other cremations are strictly regulated consistent with other states. Unclaimed
remains are kept for two (2) years then can be disposed by crematoria management.

Australian Capital Territory (ACT)

The legislation in the ACT grants the Minister authority to approve codes of practice for
everything from the operation of cemeteries to the construction of the coffin. Other key features
of the ACT legislation and regulations are:
 Perpetual tenure of burial sites except where no human remains have been interred 60
years after the right was granted;
 Burial is only available in cemetery or private burial ground; and,
 When human remains are buried in a vault, not only is embalming required but the remains
must also be sealed in a corrosion resistant metal container.

19
Northern Territory (NT)
Legislation in the NT explicitly recognises indigenous rights and traditions. The Act also
specifically excludes the Darwin Chinese Public Cemetery and cemeteries or portions of
cemeteries under the control of the Imperial War Graves Commission.
Other NT specific provisions include:
 burials must be in a cemetery;
 the granting of licenses to individuals (not undertakers/funeral directors only) to undertake
a funeral for a relative or close associate;
 exclusive right of burial in a grave, vault or burial ground (no renewable tenure);
 approval for double burials possible;
 when burying in a vault the body must be encased in wood, enclosed in lead and hermetically
sealed and then enclosed in a coffin; and
 erecting structures such as monument, tombstone, headstone, tablet, gravestone, vault,
kerbing, railing or other structure requires written permission and payment of a fee.

Sea Burial
In Australia burials at sea are regulated under the national Environment Protection (Sea Dumping)
Act 1981 (Cth). A burial at sea requires a sea dumping permit15 which is generally only granted
to those with a demonstrated connection to the sea, such as long-serving Navy personnel
(Department of the Environment and Energy 2016; Northern Territory Government, 2013).
Burials at sea can be expensive because of the regulatory requirements to:
 locate an appropriate site – the site must not interfere with other marine users;
 dispose at an appropriate depth – must be greater than 3000 metres which is generally a
long way offshore;
 use a weighted shroud (not coffin or casket) of sufficient strength to ensure rapid and
permanent submersion (see Department of the Environment and Energy 2016);
 employ an appropriate vessel and ship’s captain. The Department of the Environment and
Energy recommends the use of a funeral director so burial at sea is consistent with the ‘Ship
Captain’s Medical Guide’.
Currently, a permit for burial at sea costs $1675 and takes 3-4 business days to process.
Additional approvals may be required from state authorities with further fees and permissions
required.

3.2.6 Coffin Regulations

As with other aspects of the funeral process, regulation of coffins16 ranges from non-existent to
quite specific. The most specific regulatory requirements are in Tasmania, and these are
generally consistent with guidelines of the Australian Funeral Directors Association (AFDA)
Guidelines (AFDA, 2008). The AFDA 2008 Guidelines have the following objectives:
 reduce the likelihood of product failure;
 limit health and safety risks;
 limit psychological risks during the conduct of a funeral service; and
 provide a basis for AFDA member’s acceptance of receptacle.

15 A permit is not required to scatter ashes/cremains.

16 Here coffins will include caskets and other receptacles.

20
The AFDA Guidelines also recommend that coffins be sourced direct from the manufacturer17
and set out the following criteria:
 for cremation purposes contain a solid base made of wood, composite board or other
equivalent suitable combustible material to facilitate storage and handling e.g. transfer
between vehicles, upon roller trolleys;
 only be made of steel and/or metal for burial purposes;
 be impervious to liquids;
 be constructed in such a manner that:
o distortion does not occur during handling or transportation;
o joints in the receptacle do not come apart;
o be able to withstand the rigours of being carried/handled by trained or
untrained persons;
o acceptable lifting handles can be affixed to the receptacle;
 have internal dimensions that exceed the measurements of the deceased
 have external dimensions limited to a size acceptable for burial/cremation (adapted from
ADFA, 2008).

Table 3.3: State Legislation/Regulations Governing Coffins/Caskets and Other Receptacles

New South Wales Regulations do not specify coffin requirements except general
requirements in respect of vaults and secured lids under Public
Health Regulation 2012

Victoria Cemeteries and Crematoria Regulations 2015

Queensland No regulations specify coffin requirements

South Australia Burial and Cremation Regulations 2014 (para 20)

Western Australia Cemeteries Act 1986 delegates the specification of coffin

requirements to local cemetery boards.

Tasmania Burial and Cremation Regulations 2015

ACT Cemeteries and Crematoria (Burial Conditions) Approval 2015

(No. 1)

Northern Territory No regulations specifying coffin requirements

The states that regulate coffins and other receptacles generally only extend the AFDA Guidelines
in terms of health and safety (i.e. extra requirements for burial in a vault) and the specifications
for protection of those handling bodies in terms of contamination (e.g. bodies placed in a bag
made of impervious materials). Most regulation also allows for religious and cultural traditions
to be respected as long as minimum health and safety requirements are met. The one exception
is the ACT where the regulations have a provision for the re-use of receptacles: “If the container
is to be reused, it should be capable of being cleaned to prevent the transmission of disease”18.

17There are other regulations arising from consumer protection arrangements (e.g. consumer acts, fair trading acts) that protect
consumers from faulty products. As funeral directors most often supply coffins directly to consumers, product quality affects their
business.
18 Cemeteries and Crematoria (Burial Conditions) Approval 2015 (No. 1,) (ACT), para 4, cl (v).

21
Coffins/caskets and receptacles for burial and cremation are a product that has minimal state
regulation. Most concerns about coffins and receptacles come from consumers in relation to the
price of the product (see CPSA, 2009). Additionally, there is no impediment for anyone to
manufacture their own coffin if they wish as long as it meets the health and safety requirements.
The industry standards are somewhat dated with new materials (e.g. cardboard) and non-
traditional receptacles becoming more common.

3.3 Industry Regulation

Funeral directors are professionals consistent with the view of a profession as a “means to control
the asymmetric expert-client relation” (Abbott, 1988, p. 15). Therefore, they are able to control
knowledge and skills by demonstrating the characteristics of a profession as described by
Greenwood (1957).
 Authority and credibility
 Community sanction, or regulation and control of its members
 Code of ethics; and
 Professional culture, or a culture of values, norms and symbols.

The key feature is the self-regulatory aspect of the practice standards of professional bodies
(e.g. Australian Funeral Directors Association (AFDA), Funeral Directors Association (FDA)) which
contain general statements about: the need to ensure the maintenance of acceptable standards
of occupational health and safety; public safety; as well as, the requirement to provide services
to meet community expectations.
Additionally, members are expected to gain all necessary licences, permits and registrations,
and to meet government standards where they may be higher than the standards set by the
relevant industry associations. At present, there is no requirement for a license to operate as a
funeral director in Australia19 (AFDA, 2016). However, most operators become members of one
or more professional associations.

Funeral Directors’ Prayer

Our Father, grant me the knowledge to wisely counsel the grieving people I serve.
Grant me the skill to professionally care for their loved ones who have died.
Grant me the sensitivity and awareness to understand the depth of their pain and sorrow.
Grant me the strength to care without my heart breaking, so I can be of help.
And yes God, grant me a sense of humour so at the appropriate time and in a sensitive way,
I can give these mourners a moments rest. (www.ifdaa.org)

3.3.1 Federal Associations

There are three major federal associations that funeral directors (as businesses or individuals)
may belong to. These are the Australian Funeral Directors Association (AFDA) and the Funeral
Directors Association (FDA), the Independent Funeral Directors Association of Australia. In
addition, the Association of Independent Funeral Directors (AIFD), was formed in 2015 and,
although based in Victoria, advertise that they are a global association “with resources
dedicated to supporting our member’s growth professionally, ethically and operationally” (AIFD,
2016, n.p.). Additionally, funeral directors can join the Family-owned Funeral Directors

19 Except in Western Australia.

22
Association of Australia (FOFDA) if they are a member of the Queensland professional body
(Queensland Funeral Directors Association (QFDA)).

The Australasian Cemeteries & Crematoria Association (ACCA) exists for operators. It also has
a code of ethics and a code of conduct based on the principle that its members value “its tradition
of integrity, responsibility and fair dealing. We are committed to maintaining the highest
standards in our dealings with members, the community and in the services we provide” (ACCA,
2017, n.p.). Supporting these codes is a grievance resolution procedure for complaints about
operators. However, there is no information about how this association regulates their members
or what kind of sanctions might be imposed for any breach of the codes.

Finally, the Australian Institute of Embalming (AIE), a member-based organisation, “regulates

and implements minimum education and post education standards, as well as performing a range
of other funeral profession-specific functions” (AIE, 2017, n.p.). This association also has a code
of ethics that members are required to adhere to which includes both abiding by the
“Constitution, Operating Rules and Policies of the Australian Institute of Embalming” (AIE, 2017,
n.p.) as well as promoting embalming and maintaining professionalism.

3.3.2 State Associations

While the AFDA supports state divisions in all states, only New South Wales (NSW) and
Queensland (Qld) also have independent, state-based associations. The NSW Funeral Directors
Association and Queensland Funeral Directors Association both have codes of ethics that mirror
the AFDA code (see New South Wales Code of Ethics, Queensland Code of Ethics). However,
neither association has information relating to sanctions or complaint procedures for breaches of
the code.

3.4 Regulation of Pre-need (Pre-Paid) Funerals

A pre-need or pre-paid funeral is a funeral purchased in advance. The funeral is documented
in a formal contract and paid for at current prices. A pre-need funeral is sometimes referred to
as a Funeral Plan as it can also be paid for by instalments. Generally, the price is fixed
regardless of when the funeral is needed. Payments for pre-need funerals are invested with an
independently managed funeral fund and paid to the supplier (funeral director) once the
contracted funeral service is complete (AFDA, 2016, ASIC, 2013). Pre-need, therefore,
effectively ‘locks-in’ the future provision of goods and services for a particular funeral director.
Most states (all except WA, ACT & NT) further detail legislative requirements as outlined below.

3.4.1 New South Wales

Pre-need funerals in NSW are regulated under Part 4 of the Funeral Funds Act 1979 (NSW).
The Act sets out requirements for:
 registration of trustees (for funeral funds which hold funds in trust for pre-paid funeral
contracts);
 registration of funds for pre-arranged funerals;
 administration of trust funds under pre-paid contracts;
 investment and management expenses (including commissions) of the trust funds;
 actuarial investigation of funds;
 reporting and auditing of funds;
 some general terms for prohibition of certain things (e.g. rise and fall clauses), description
of services to be supplied etc.

23
Pursuant to the Act, the Funeral Funds Regulation 2006 (NSW) specifically regulates pre-need
funerals and focuses on the disclosures required around the contracts (e.g. cooling off periods),
the administration of the funds and qualification requirements of the trustee. The regulation
provides detailed guidance on many aspects of pre-need funerals. Importantly it outlines the
particulars of a funeral service and the details of the particulars that should be determined in
the pre-need contract (See Table 3.4 below).

Table 3.4: Particulars of a Funeral Service in NSW


Supply of coffin or casket principal material to be used
 type of lid or method of closure
 type of any external or internal trimmings
 finish to be applied to the surface
Provision of vehicles  classes of vehicles
 number of vehicles in each class

Conveyance of persons and maximum distance for conveyance
remains of the deceased  maximum number of people to be conveyed
 days and time for conveyance before additional charges
levied
Disposal of remains  disposal by burial or cremation

Provision of memorial or urn  design, size and material of memorial or urn

(Adapted from Funeral Funds Regulation 2006 (NSW))

Many items traditionally provided by a funeral director such as flowers, a place for the service,
newspaper notices are not required to be specified.
Breaches of the Act attract ‘Penalty Units’ which determine the amount of the fine associated
with the breach.

3.4.2 Victoria
Regulation of pre-need funerals in Victoria is governed by the Funerals Act 2006 (Vic). This Act
repealed the Funerals (Pre-Paid Money) Act 1993 (Vic) and came into operation on 1 November
2007. Pre-need funeral contracts in Victoria are required to specify:
 funeral services to be supplied;
 any other funeral goods in connection with the funeral services;
 the amount to be paid for the supply of the funeral services; and
 if there is another party involved that requires payment (for example, in Victoria all
cemeteries are operated by cemetery trusts) how these funds are to be disbursed or invested.
All money paid under the contract is subject to investment rules and subject to rules under
associated legislation (e.g. Life Insurance Act 1945 (Cth)). Breaches of the Act attract ‘Penalty
Units’.

3.4.3 Queensland
The rules in Queensland for selling pre-need funerals come from the Funeral Benefit Business Act
1982 (Qld) and Funeral Benefit Business Regulations 2000. The centrepiece is the requirement
to provide consumers with a Client Care Statement which outlines the services provided, the fees

24
and charges clients will pay and the cooling- off period (currently 30 days). Penalties under the
legislation largely take the form of a fine.

3.4.4 South Australia

In South Australia, the Fair Trading (Pre-Paid Funerals Code of Practice) Regulations 2011
operate pursuant to the Fair Trading Act 1987 (SA). Similar to other jurisdictions, the regulations
set out the information required to be disclosed in the contract and prescribe how funds are
invested. Again, breaches attract a penalty in the form of a fine (max $1000).

3.4.5 Tasmania
The Pre-paid Funerals Act 2004 (Tas) governs pre-need funeral operations in Tasmania. The Act
sets out what information is required to be disclosed in the contract, the duty to deposit funds in
a funeral trust, the registration of funeral trusts and the duties of funeral businesses and
custodians. Again, breaches of the Act are calculated in ‘Penalty Units’.

3.5 Funeral Insurance

Funeral insurance is a form of life insurance that is sold directly to consumers. Funeral insurance
differs from pre-need funerals in that the payment to beneficiaries is made as a dollar amount
without spending restrictions. Pre-need funerals, on the other hand, provides for the delivery of
a particular product/service in the future.
Advertising of funeral insurance products is both prevalent and increasing. Similar to the
concerns regarding funeral costs, the high cost of funeral insurance and the potential exploitation
of the vulnerable have prompted consumer advocates to call for regulatory intervention and
increased transparency from funeral insurance providers (see Consumer Action Law Centre,
2013).
Both consumer groups and regulators have identified issues with the product design and sale of
funeral insurance (ASIC, 2015). In 2015, the Australian Securities and Investment Commission
(ASIC) compiled a report on funeral insurance providers and disclosure practices. The report
identified that funeral insurance in Australia tended to have certain common features including:
 premiums dependent on age and sum insured;
 applicants that are not normally subject to health or medical checks;
 restrictions on payments early in the policy;
 premiums that increase as the age of the insured increases;
 an insured amount that often increases in line with the consumer price index (CPI) or a
contracted amount; and
 premiums that are not refundable if the insured stops payments or the policy is cancelled20.

The funeral insurance industry is not inconsequential. In the 2014 financial year approximately
$315 million in funeral insurance premiums was paid on 437,274 active policies covering
743,421 lives. The sum insured was generally between $4,000 ad $15,000 with an average
of $8,859 for each individual policy (ASIC, 2015).
The incidence of policy cancellations is quite high and, in 2014, 72,091 policies representing a
‘lapse rate’ of 16.5% were cancelled. Of these cancellations 65% were initiated by the customer

20 Adapted from ASIC (2015).

25
(largely in the first year, 55%) with the remaining 35% cancelled by the insurer for non-payment
of premiums. The cost of the policy is the most cited reason for cancellation (ASIC, 2015).
While new products offering discounts have entered the market, the advertising of funeral
insurance reinforces the idea that funerals are expensive and this impression provides
opportunities to exploit vulnerable consumers. Those at particular risk include: individuals insured
for long periods that pay an increasing premium as they age21; consumers on fixed incomes (e.g.
Centrelink benefits); and, indigenous communities and young consumers (ASIC, 2015;
Department of Human Services, 2016a).

3.6 Funeral Bonds

A funeral bond is a financial product and not very common in Australia. Funeral bonds are
usually offered by funeral directors, friendly societies or life insurance companies and have the
following specific features:
 the interest received must be added to the capital;
 the capital and interest is only realised on death when it is paid to the estate or to the
funeral director to cover funeral expenses; and
 money is invested in an independently managed funeral fund
Consumers are usually required to pay a bond deposit and may pay for the remainder as a
lump sum or in instalments. The money is invested and is only available to pay for a funeral
(ASIC, 2015; Department of Human Services, 2016a; Mihm, 2014). Funeral bonds may have
certain financial advantages for those receiving Centrelink benefits (ASIC, 2015).

3.7 Chapter Summary

This chapter outlines the regulatory environment in which the funeral industry operates and
includes both the legislative requirements for the provision of the good and services offered and
the industry codes for professional conduct. While industry codes are fairly uniform in
application, jurisdictional differences between states exist due to a lack of federal government
oversight. Therefore, almost all consumers engage a funeral director to navigate this fragmented
and complex set of regulations, even though in most cases individuals can organise all aspects
of a funeral. When one considers that 86% of Australians die in an institution and the universal
advice is to contact a funeral director, it is not surprising that consumers are not aware of this
option.
The ambiguity and lack of transparency surrounding engagement with the organisation of a
funeral provides further opportunities for exploitation. While professional associations and
consumer legislation are designed to ensure the integrity of the conduct of funeral directors,
pricing and transparency of funeral costs for a direct committal and basic or essential services
funeral remains an issue for consumers (CPSA, 2009; 2011; van der Laan and Moerman, 2014).
The following chapter provides empirical evidence of pricing and cost drivers in the funeral
industry in Australia.

21The CPSA (2011) cited the example of a 50 year old policy holder that could end up paying $140 000 for a funeral worth $6
000.

26
Chapter 4: DATA AND ANALYSIS
4.1 Overview
This chapter presents information regarding the provision of selected death-care services and
delivers detailed information about the pricing provided to individual consumers. Pricing of
services in the funeral industry is a function of a number of attributes, based on the services
‘bundled’. As previously noted these are disposal, ceremonial, memorialisation and funeral
planning. For the purpose of this research into pricing, the memorialisation and planning (e.g.
pre-need funerals) aspects are not included as the practices, regulation or industry standards
differ markedly or are absent. For example, when it comes to memorialisation scattering ashes
in a park is very different to placement in a mausoleum or burial site.

As noted previously the listed entity, InvoCare dominates the Australian market with a 40.3%
market share which is localised on the profitable east coast of Australia (IBISWorld, 2016).
While the key driver in the funeral industry is the ‘number of deaths’, the performance of an
individual enterprise varies with consumer-driven industry trends. Consumers are increasingly:
opting for lower priced cremations over burials; not opting for a pre-need funeral; becoming
environmentally aware; and engaging with the services provided through online retailing
(IBISWorld, 2016).

4.2 Method
This report is confined to two ‘standardised’ products provided by the funeral industry. First,
information about direct committal services (cremation only without the ceremonial aspects
provided by the funeral director); and second, the basic or essential services funeral (with
cremation not burial). A basic or essential service funeral contains the three invoice items: funeral
directors professional services; coffin or casket; and disbursements (see section 2.5). Therefore,
pricing information is largely a product of the funeral directors fees, compulsory disbursements
(doctor’s certifications, cremation fees) and the standard basic ‘essential’ services consumers
purchase (coffin, transport of the body, use of premises for service, notification etc.).

4.2.1 Sample Selection

The funeral industry in Australia in 2016 comprises 836 enterprises and 1236 establishments
(IBISWorld, 2016). InvoCare controls over 208 funeral homes and 14 cemetries/crematoria in
Australia under more than 60 ‘brands’. It is an example of a business model with vertical
integration and combined back-of-house services that exploit economies of scale e.g. finance
and marketing. The funeral industry is fragmented beyond InvoCare with family-operated
businesses and private companies (IBISWorld, 2016). The sample of funeral directors and
funeral business operators22 was drawn from two sources. First, we accessed information from
funeral directors and funeral business operators that offered funeral products and/or services,
and/or direct committal and/or basic or essential services funeral products and advertised the
price of these products and services online. We undertook a thorough web search over the
period of March and April 2016 resulting in a sample of 65 retailers. Some retailers offered a
single product or service (e.g. Costco); others only a direct committal (e.g. Nonono); while some
only basic funerals (e.g. ravensfuneral.com.au). However, funeral directors advertising the price
of funeral services online often offered both a direct committal and a basic funeral (see section
4.3 below).

22 In an online environment enterprises may offer only one product or service e.g. coffins only.

27
Second, we conducted a direct survey of funeral directors by cold-calling via telephone and
asking for information on the price of, again, both a direct committal and a basic funeral.
Seventy eight discrete business operators were contacted from a mix of urban and non-urban
operators from all states and territories in Australia. Telephone calls were made over the period
of May to August 2016. Some operators would not provide information; others promised to call
back and did not, resulting in a final useable sample of 63 discrete businesses. Data collection
via this method ceased when saturation was reached. That is, it appeared no further information
could be gathered without compromising the process.

4.2.2 Definition of variables

An important objective of this study was to determine to the pricing structure and cost information
of funeral services (see Chapter 1). As with other surveys of this nature (e.g. NSW Office of Fair
Trading in 2005; CPSA, 2009), it was difficult to determine itemised costs that comprise the total
price of a basic or essential services funeral. In most cases, a total or average price was
provided. With that in mind, the variables that have been argued to drive funeral prices were
determined as:
STE: The location in terms of compliance with regulatory requirements of the funeral business
operator23 drive costs as argued by operators (e.g. Priess, 2016).
IVC: Whether the funeral business operator is part of the InvoCare group? Commentators
have suggested that the listed entity has caused price increases due to lack of
competition (e.g. Boreham, 2011, CPSA, 2009).
LOC: Whether the funeral business operates in an urban or non-urban environment. There are
competing views as to whether being in an urban area drives or ameliorates prices (see:
NSW Parliament, 2005). Differences in non-urban areas, such as lack of competition,
allocation of fixed overhead costs and transport costs are a consideration.
OP: Are prices available either through personal contact or online. Concern over pricing of
services has been an issue for regulators (e.g. NSW Parliament, 2005; CPSA, 2009)
prompting the introduction of transparency through a basic or essential services funeral.

4.3 Results
4.3.1 Online Contact
A small number (65) of enterprises advertise their services with prices on the internet. These
enterprises are largely ‘budget’ operators offering direct committal services or limited products
and services’ (i.e. one or more of ceremonial, disposal, memorialisation and/or financial planning
aspects of death-care). However a small number of recognised brands (e.g. Tobin Brothers Pty
Ltd) offer online price information.

23 Online retailers have a physical presence and operate within a certain geographic area.

28
Table 4.1 below presents the results from the online data collected from funeral directors and
funeral business operators.

Table 4.1: Funeral Services – Online Contact ($AUD)

N Mean Median Min Max

Direct committal 57 $2215 $2105 $1200 $3950

Budget funeral 59 $4132 $4000 $2440 $6500

Cremation fee 7 $875 $885 $755 $935

Casket 7 $961 $960 $625 $1250

Transport 2 $322.50 $322.50 $295 $350

Service 6 $2604 $2700 $1150 $4200

Certification 8 $146 $131 $100 $291

4.3.2 Direct Contact

Surveying market participants via direct contact24 reveals a wide variety of prices and some
general trends. Detail of the individual components of the funeral service was not often disclosed.
Instead a ‘packaged’ or ‘bundled’ total price was generally supplied. Therefore analysis of the
components of a basic or essential services funeral was not possible.

While some service providers did agree to use components from other suppliers (i.e. coffins), in
most cases the bespoke pricing of this arrangement, a face-to-face meeting was requested by
the funeral director. In cases where it was suggested that the purchase of services would be in
the future, the caller was directed to pre-paid (pre-need funerals).

Table 4.2: Funeral Services – Direct Contact ($AUD)

N Mean Median Min Max

Direct committal 52 $3346 $3000 $1500 $6500

Budget/ES funeral 61 $5646 $5600 $3300 $9000

24 Funeral business operators and funeral directors that provided prices online were not contacted directly by telephone.

29
4.4 What Drives Funeral Pricing?
As outlined above there has been much public discussion and criticism on pricing by funeral
directors (see for example, CPSA, 2009). The factors that affect prices that have been offered
by regulators, the industry and civil society are:
 the stringent regulatory regimes in certain states;
 the concentration in the industry (InvoCare’s market share and dominance);
 the location of the funeral director (presence of both competition, overhead costs and
proximity of allied services); and
 the transparency of pricing.

Therefore to understand what factors drive funeral prices an ordinary least-squares (OLS)
regression model is estimated with the basic funeral prices (prices quoted by the funeral director)
as the dependent variable; with a number of identified indicator variables as independent
variables.

For firm i = 1, 2, … 11425 and year t = 2016, the basic funeral cost model is formally specified
as:
lnFPit = b0 + b1-4STEit + b5IVCit + b6LOCit + b7OPit + eit

Where:
FP = Natural log of funeral Prices ($AUD);
STE = Indicator variables for state of operation (NSW as reference group);
IVC = Indicator variable, 1 non-InvoCare group business;
LOC = Indicator variable, 1 for non-urban location; and
OP = Indicator variable, 1 for information gathered via direct contact.

Table 4.3 below shows the distribution of observations in the sample. Most of the sampled
operations are located in New South Wales (35%), Victoria (28%) and Queensland (18%),
which reflects the larger populations, and thus greater demand for funeral service providers, in
these states. In contrast, the number of observations from the Australian Capital Territory (3) and
the Northern Territory (3) is very small and will be excluded from the by-state analysis. As
expected, the majority of operations are based in urban locations (87%). InvoCare Group
providers make up only 13% of the sample and are mostly based on the east coast.

25Due to the small number of observations in ACT and NT these observations were dropped from the analysis. No data was
available from Tasmania.

30
Table 4.3: Number and Location of Observations

State Urban/non-urban InvoCare Group Online/Direct Total %

0 1 0 1 0 1

NSW 32 10 12 30 8 34 42 0.35

VIC 33 0 0 33 26 7 33 0.28

QLD 18 3 1 20 13 8 21 0.18

SA 8 0 0 8 5 3 8 0.07

WA 8 2 0 10 7 3 10 0.08

ACT 3 0 1 2 0 3 3 0.03

NT 2 1 1 2 0 3 3 0.03

Total 104 16 15 105 59 61 120 100

% 0.87 0.13 0.13 0.87 0.49 0.51 100

4.4.1 Data Analysis

Basic funeral price distributions are compared for different sub-groups of the sample. Box-and-
whisker graphs plot prices against indicator variables and display the median, the inter-quartile
range and the smallest and largest values26.
Funeral Prices by State
Figure 4.1 plots funeral prices separately for each state. The box plots suggest prices are
higher, on average, in NSW and WA.

26 The upper box boundary indicates the 75th percentile while the lower box boundary indicates the 25th percentile; the length of
the box indicates the inter-quartile range (the middle 50% of the distribution). The median is indicated by the middle line in the box.
The ‘whiskers’ are the farthest points that are not outliers (1.5 times the inter-quartile range). Outliers are designated by “● ” (Tukey,
1977).

31
Figure 4.1: Funeral Prices by State (excluding Territories)

The distribution of basis funeral prices are similar in VIC, QLD and SA (mean = 8.2823-8.3071).
Average prices in NSW and WA are almost 40% higher (mean 8.6270 and 8.5666
respectively), but also more show a greater range (spread) between cheapest and most
expensive. The outliers in QLD and SA are non-InvoCare group providers, and surprisingly, in
urban (metropolitan) locations.

One-way analysis of variance (ANOVA) was also conducted27 (see Table 4.4). The one-way
ANOVA identifies significant differences between mean funeral prices across the states at
p=0.0000 (F=12.68). The sample is unbalanced, but funeral prices are approximately normally
distributed across states and the assumption of equal variances is not rejected (chi2 = 3.0063,
df = 4).

27 The one-way analysis of variance (ANOVA) is used to determine whether there are any statistically significant differences
between the means of two or more independent (unrelated) groups. It is more common to use such a test when independent variables
are categorical (see Laerd Statistics, 2016).

32
Table 4.4: One-way ANOVA

State Mean Std. Dev. Freq.

NSW 8.6270 0.2595 42

VIC 8.2823 0.2329 33

QLD 8.2983 0.1920 21

SA 8.3071 0.2664 8

WA 8.5666 0.2878 10

Total 8.4389 0.2898 114

Multiple comparison tests by state show that the mean price in NSW is higher than in VIC, QLD
and SA and that the mean price in WA is higher than in VIC and QLD (at 5% significance).
Differences between NSW and WA are insignificant as are those between VIC, QLD and SA.

Funeral Prices and Other Indicator Variables

More detailed analysis for NSW was conducted as data for the other independent variables is
limited for other states. Box-and-whisker plots were graphed for NSW funeral prices against
each indicator variable of: whether the observation was from an InvoCare group enterprise;
whether the observation was from an urban or non-urban (remote) location; and, whether price
information was gathered online or via telephone (see Figure 4.2).

Figure 4.2: NSW Funeral Prices and Indicator Variables

33
Mean funeral prices for the variables IVC and OP are higher for InvoCare providers and for
quotes obtained directly from operators. The results for the oneway ANOVA in Table 4 show
that the main effects for IVC and OP are significant at 5% and 1% respectively. There is no
significant difference between urban and non-urban (remote) providers. The sample is
unbalanced, but the log-transformed prices appear to be normally distributed with equal
variances.

Table 4.5: Robust Regression

(a) IVC (b) LOC (c) OP (d) IVC

IVC Non Urban IVC Non

Mean 8.8420 8.5410 8.6320 Mean 8.8420 8.5410

Std. Dev. 0.1729 0.2389 0.2708 Std. Dev. 0.1729 0.2389

Freq. 12 30 32 Freq. 12 30

The analysis of variance was expanded to include all three indicator variables. The results in
Table 6 show that being a member of the InvoCare group and direct contact (phone contact)
for price information results in a higher price for funeral goods and services. Due to data
limitations it is not possible to identify any interaction effects.
Table 4.6: Three-way ANOVA – NSW Funeral Prices and Indicator Variables

Number of obs = 42 R-squared = 0.5336

Root MSE = 0.1841 Adj R-squared = 0.4967

Source df F-statistic p-value

Model 3 14.49 0

IVC 1 6.52 0.0148

OP 1 18.38 0.0001

LOC 1 0.25 0.6206

FP Coef. Std. Err. t p-value

IVC -0.1919 0.0655 -2.93 0.006

OP 0.3602 0.0775 4.65 0

LOC -0.0393 0.0843 -0.47 0.643

Intercept 8.4819 0.0924 91.83 0

34
Regression Analysis
As outlined in section 4.4 the analysis of funeral prices undertaken for this study culminates in
the estimation of a regression model. Table 4.7 below reports the results for the model specified
in section 4.4. The model finds, consistent with the descriptive analysis above, that funeral prices
are lower in Victoria, Queensland and South Australia than in NSW and Western Australia. It
also shows, again consistent with the analysis above that being a member of the InvoCare group
increases funeral prices (i.e. not being a member of the InvoCare group ameliorates prices) and
disclosing prices online results in lower prices for funeral goods and services supplied by funeral
directors. These results are all statistically significant.
The indicator variable LOC (location) which sought to identify if prices were higher in non-urban
(remote) locations due to lack of competition, fixed overhead costs and transport costs was not
statistically significant. This may be due to two factors, first even in non-urban locations most
Australian die in institutions which are more accessible to funeral directors and as such most fixed
overhead costs are ameliorated by a lack of completion and second, the price information
gathered was for a basic or essential services funeral and within that context, travel is
constrained to 30km in most cases (see for example NSW Fair Trading 2011) so a premium can
be charged for longer distances.
Table 4.7: Regression Analysis

FP Coef. Std. Err. t p-value

VIC -0.1730 0.0616 -2.81 0.006

QLD -0.1983 0.0636 -3.12 0.002

SA -0.1755 0.0901 -1.95 0.054

WA 0.0945 0.0824 1.15 0.254

IVC -0.2414 0.0784 -3.08 0.003

LOC 0.0104 0.0731 0.14 0.887

OP 0.1678 0.0538 3.12 0.002

Intercept 8.6611 0.0820 105.62 0.000

N 114

R2 0.4633

Adjusted R 0.4279

Where:
FP = Funeral Prices ($AUD);
STE = Indicator variable for state of operation;
IVC = Indicator variable, 1 non-InvoCare group business;
LOC = Indicator variable, 1 for non-urban (remote) location; and
OP = Indicator variable, 1 for information gathered via direct contact (phone).

35
4.5 Chapter Summary
This chapter has presented detailed information about the pricing of certain funeral goods and
services provided to individual consumers by funeral directors. Data collection and therefore
analysis was constrained by transparency of pricing by suppliers. However a significant amount
of data was collected to be able to provide statistically significant results. The analysis presented
here confirms it is more expensive to have a basic or essential services funeral in NSW and
Western Australia, on average, than it is in Queensland, Victoria and South Australia.

Concerns about concentration in the industry due to the dominance of InvoCare Limited in the
market appear warranted as being a member of the InvoCare group significantly drives prices.
Additionally, calls for greater transparency in the pricing of funeral goods and services for
consumers should be heeded as there is also evidence that prices of a basic or essential services
funeral are lower when they are available online.

36
Chapter 5: SUMMARY, CONCLUSIONS
AND RECOMMENDATIONS
5.1 Summary and Conclusions
The research project has highlighted the historical, regulatory, cultural and social context of
death-care to explore the opportunities and challenges for consumers of death-care services
and the funeral industry in Australia. The funeral industry is currently worth approximately
$1billion in Australia and dominated by InvoCare, a listed company with a 40% market share
concentrated on the east coast (IBISWorld, 2016). Since engagement with death-care and/or
the funeral industry will occur for most Australians at some stage, often as a vulnerable consumer,
it is a topic of social and regulatory significance. Several inquiries in Australia have highlighted
the need for increased scrutiny and information about the goods and services provided by the
funeral industry. Transparency in pricing is required for two primary considerations. First, for
consumers to make an informed choice between providers by ensuring that relevant prices for
similar goods and services are disclosed. Second, to provide information about the actual
product or service so consumers can explore or compare alternatives.
To address the first issue, recommendations to provide and disclose the price of a basic or
essential services funeral have been proffered to allow consumers to access a low-cost funeral
(including disposal and ceremony) and also compare prices. The second issue relates to the
itemisation of the funeral director’s invoice which includes professional fees, coffin or casket and
disbursements. The professional fee accounts for 39% of the total price of a funeral and includes
variable costs such as labour as well as the allocation of indirect costs such as depreciation on
buildings. The coffin or casket accounts for 31% and the mark-up can be considerable, often to
cross-subsidise other areas of the operation (IBISWorld, 2016). However, since correct handling
and disposal of the body are the only aspects of death-care that are explicitly regulated,
alternatives to the full service funeral are available, including a direct committal or even do-it-
yourself.
Prior studies by the PSA (1992) and CPSA (2009) and two state government Inquiries have
highlighted the lack of transparency regarding pricing and a wide variation in the price of
standard products. However, variation in pricing is expected due to geographical and
regulatory differences and the presence or absence of competition. This project extends these
prior studies to examine the pricing of a direct committal (cremation) and a basic or essential
services funeral (including cremation) in Australia in 2016 and also understand the key drivers
and impacts on price. We found that the 2016 average price for a basic funeral in NSW is
$5758 which represents an increase of nearly $1000 or approximately 21% since 2009
($4769). We also determined that key drivers of this price were jurisdiction or state location of
the enterprise and whether the enterprise was a member of the InvoCare group. Further research
could identify other contributing factors on funeral prices. While large providers such as
InvoCare can exploit economies of scale for support activities or vertically integrate, the price
of an InvoCare funeral was more expensive than other providers on average. InvoCare are
geographically located primarily on the east coast of Australia where the cost of land for a
funeral premises and wages may be more expensive than other states or regional areas. Further
studies adopting a different approach (e.g. interviews or questionnaires) could interrogate these
ideas.
Non-urban (remote) providers often have greater distances to travel (beyond the 30km
specified in a basic funeral) and are small or family-owned companies offering 24 hour service.
Where there is limited other providers, monopoly pricing may occur to allow for the allocation
of overheads across a smaller number of funerals, however there we found no evidence that
non-urban (remote) providers charged higher prices, on average.

37
The legislative environment of the funeral industry in Australia is fragmented and primarily
limited to regulations that govern transport and disposal and financial products. Therefore, most
aspects of death-care exist in an unregulated environment and provide an opportunity for both
predatory pricing and marketing by operators; as well as, the freedom for individuals to do-it-
yourself. While the conduct of funeral directors is largely self-imposed through various national
and state-based codes of ethics promulgated by professional bodies, membership to a funeral
directors’ association is voluntary. While calls for mandatory national standards have been
criticised as problematic for small operators (FCDC, 2005), compulsory compliance and sanctions
for breaches may mitigate unethical practices.
Prior studies have found that while a majority of consumers are comfortable with the services
provided, and indeed appreciative of a one-stop-shop approach (e.g CPSA, 2009), pricing
transparency and choice raise concerns for regulators and the public.
Drawing on the findings of this research, recommendations for policy makers and regulators in
terms of promoting consumer choice and protecting vulnerable consumers through increased price
transparency are outlined below.

5.2 Recommendations
Recommendation 1
Harmonise legislation and regulation nationally to remove jurisdictional differences which add
to complexity and create confusion for consumers. Since regulatory requirements impact on the
costs of professional services (e.g. transport) coherent rules will impact price transparency and
comparability across jurisdictions, facilitating consumer choice.

Recommendation 2
Ensure all funeral directors offer a basic or essential services funeral and provide the price and
inclusions on request.

Recommendation 3
Develop guidelines for the information disseminated to those with authority to make
arrangements that includes alternatives, such as direct committal, not-for-profit and community
providers as well as do-it-yourself options. For example, most Australians die in an institution
and the information provided to relatives and friends is to contact a funeral director.
Recommendation 4
Regulate the marketing and labelling of funeral insurance to accurately reflect the actual
product purchased. Funeral insurance is a form of life insurance and consumers ‘buy’ a future
lump sum which may or may not be spent on funeral goods or services. The use of the label
‘funeral’ creates opportunity for predatory marketing to vulnerable consumers.
Recommendation 5
Develop a ‘national product information standard’ for pre-need (pre-paid) funerals to prevent
predatory practices such as ‘up-selling’ at the point of delivery.

38
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40
Biographies:

Professor Sandra van der Laan

PhD, BCom, MCom, FCPA, GAICD
Sandra van der Laan is a Professor of accounting at the University of Sydney Business School.
Sandra has approximately 20 years’ experience researching the impact of accounting practices
on institutions and society more broadly. Sandra’s work has interrogated accounting’s role as a
corporate discourse and as a mechanism to discharge accountability. More recently, Sandra has
become interested in similar themes in the ‘third’ sector.
Sandra’s work has been supported by a number of research grants and published in leading
international journals, books and industry reports. In addition, various media outlets often call on
her expertise to inform public debate and, as a consequence she has contributed to discussion
on TV, radio and news outlets. She has also contributed her expertise to the community through
volunteer work on public sector and third sector boards and committees.
Sandra is on the editorial review board for a number of leading international journals and
regularly presents her work nationally and internationally. Sandra is a fellow of CPA Australia
and a graduate member of the Australian Institute of Company Directors (AICD).

Associate Professor Lee Moerman

PhD, BCom, MCom, FCPA, GAICD
Lee Moerman is an Associate Professor at the University of Wollongong with an interest in
accounting in society, especially corporate disclosures of information both in the past and
present. In her research, she is particularly interested in the information for non-shareholders
groups and has published extensively on a range of topics of social significance such as
accounting for asbestos-related liabilities. She primarily adopts an interdisciplinary perspective
of accountability and adopts critical perspectives informed by discourse studies, theology,
sociology and politics to inform what it means to give an account. Lee is on the editorial board
of several leading journals including Accounting Forum, Accounting History, and Social and
Environmental Accounting Journal.
More recently Lee has taken on several roles as a non-executive director on the board and chair
of the Audit, Risk and Compliance subcommittee of a large aged-care provider and as a
volunteer accountant in Cambodia with a UK-based social enterprise.

41
 This research provides information to
enable a comprehensive understanding of
the funeral industry in Australia and the
drivers of costs and prices for funerals in the
current regulatory environment. Given recent
criticisms of increasing concentration in the
industry and predatory pricing and marketing
sydney.edu.au

in an environment where consumers are

vulnerable, this research project highlights
the historical, regulatory, cultural and social
context of death-care to allow an exploration
of the opportunities and challenges for
consumers of death-care services and the
funeral industry in Australia.
The University of Sydney

Contact
Professor Sandra van der Laan
[email protected]
+61 2 9351 6431

Associate Professor Lee Moerman

[email protected]
+61 2 4221 5575
CRICOS 00026A

Produced by The University of Sydney, May 2017. The University reserves the right to make alterations
to any information contained within this publication without notice. ISBN: 978-1-74210-409-6.

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