Your rights when you buy funeral services

What the guarantees promise

The NSW Government’s funeral guide says that under the Australian Consumer Law, “most products or services bought in Australia after 1 January 2011 come with automatic consumer guarantees”. For a service, NSW Fair Trading says it must be:

• “provided with acceptable care and skill or technical knowledge”;
• “fit for purpose or give the results that you and the business had agreed to”;
• “delivered within a reasonable time when there is no agreed end date”.

For goods, such as a coffin or an urn, the guarantees include matching the descriptions made by the salesperson and in advertising, and being fit for any purpose you made known before you bought. The guarantees apply automatically, whatever other warranty a business gives or sells you.

If something goes wrong: minor or major

When a funeral product or service does not meet a guarantee, you are entitled to an appropriate remedy, and which one depends on whether the problem is minor or major. NSW Fair Trading sets out the difference this way.

The business you bought from is responsible for putting the problem right, and must not send you to the manufacturer for a remedy. The one exception is when the problem is that spare parts or repairs are not available within a reasonable time after you bought it: then the business can direct you to the manufacturer. A coffin, an urn or a service that turns out significantly different from how it was described could be a major problem in those terms. The guarantees do not cover a change of mind, such as finding the same thing cheaper elsewhere.

If you complain to NSW Fair Trading through its complaints and enquiries page, it suggests including the details of the problem and copies of any correspondence showing how you have tried to resolve it. It may give you information to help resolve it, record the complaint for its compliance work, or contact the other party.

Prices, quotes and what must be disclosed

In NSW, funeral directors are required by law to give you details of the goods and services to be supplied, a reasonable estimate of their cost, and the cost of any disbursements for the burial or cremation. Victoria and Queensland have their own rules on itemised quotes. Reading a funeral price list walks through a sample list line by line. Doing some of it yourself covers the parts a family can arrange instead.

Terms that could work against you

The NSW Government’s funeral guide says: “Businesses are not allowed to make false or misleading representations about their products or services.” NSW also has a rule about the terms of a contract. Under section 47A of the Fair Trading Act 1987, a business must take reasonable steps to make sure you are aware of the substance and effect of any term that could substantially prejudice your interests. NSW Fair Trading says this includes at least terms that:

• limit the supplier’s liability;
• make you liable for damage to goods that are delivered;
• let the supplier pass data about you to a third party in a form that could identify you;
• require you to pay an exit fee, a balloon payment or a similar payment.

That list is not exhaustive, and the rule has no exemptions. The disclosure has to come before the business supplies the goods or services, and before you sign the contract, make a payment or commit to the supply. An exit fee may also be called a cancellation fee or a termination fee.

NSW Fair Trading’s guidance asks for a disclosure that is clear, upfront and easy to understand, such as a short plain-English summary of key terms on the front page of the contract, and suggests a business confirm you are aware, for example by asking you to initial it.

Commissions and referrals

The NSW Government’s guide notes that funeral directors may act like other businesses: their staff may have “sales targets, or commission or referral arrangements with suppliers”. Section 47B of the same Act covers this. A business that, under an arrangement giving it a financial incentive, arranges a contract for you with another supplier, or refers you to one, must take reasonable steps to make you aware of the commission or referral arrangement. It need not tell you the nature or value of the incentive.

An arrangement can be a written contract or something informal, such as a verbal agreement. NSW Fair Trading’s suggested ways to disclose include a note on the quotation itself and signage pointed out to you. So if a quote names a supplier for flowers, notices or a venue, look for that note, and if there is none, you can ask.

Receipts and the itemised bill

In NSW, a business must give a receipt for goods or services worth $75 or more. For anything under $75 you can ask for one, and it must be given within 7 days. NSW Fair Trading’s page for businesses says the $75 is excluding GST, and that a proof of transaction must show the supplier, its ABN or ACN, the date, what was supplied and the price.

You can also ask for an itemised bill, within 30 days of the service being supplied or of receiving the bill, whichever is later. You can ask that it show how the price was calculated, the hours of labour and the hourly rate where relevant, and the materials used and what was charged for them. The business must give it free of charge, within 7 days of your request, in plain language that is legible and clear. Set beside the itemised quote you were given before you agreed, it gives you a way to check the final account.

A penalty may be imposed on a business that does not provide an itemised bill or proof of transaction in time. As at October 2026, the maximum civil penalties for not providing proof of transaction, or not providing it in time, are $15,000 for a body corporate and $3,000 for an individual.

Who you are dealing with

• Victoria: Consumer Affairs Victoria keeps a public register of funeral providers.
• Western Australia: funeral directors operating in the Perth metropolitan area need a licence from the Metropolitan Cemeteries Board.