Fair Trading (Funeral Pricing Code of Practice) Regulations 2022

These Regulations prescribe a code of practice entitled the Funeral Pricing Code of Practice 2022 and make that code applicable to the supply of goods and services by funeral directors for burials and cremations (reg 3(2); Sch 1). The Regulations came into effect in two tranches: the citation and commencement provisions on publication day, and the substantive obligations on 1 May 2023 (regs 1-2). An amendment record shows a later amendment instrument in 2026 and notes deletion of reg 4 (Compilation table; notes).

Mechanically, the instrument does three things. First, it prescribes a specific code of practice as a regulatory standard under section 45 of the Fair Trading Act 2010 (reg 3(2)). Second, it sets definitional material relevant to the code, including a cross‑reference for the meaning of "funeral director" to the Prepaid Funerals Code of Practice (Sch 1 cl 1). Third, it imposes discrete disclosure and timing obligations on funeral directors: (a) a defined set of funeral information must be prominently displayed at each place of business and on the funeral director’s website (Sch 1 cl 2(1)-(2)); (b) funeral information must be provided in response to a consumer request within 2 business days (or other agreed period) and must be given before entering into an agreement if it has not already been provided (Sch 1 cl 2(3)); and (c) before entering into an agreement a funeral director must provide a person with itemised pricing for particular goods and services, disbursements, and the total price payable under the agreement (Sch 1 cl 3).

The code defines the set of items that count as "funeral information", including prices (or price ranges) for transport, storage, refrigeration plates, coffins/caskets/shrouds, care and preparation of the body, viewing, conduct of the funeral service (including venue hire), and the burial or cremation itself; the location and, where applicable, the owner/manager of mortuary or crematorium used; reasonable estimates of key disbursements (death certificates, other statutory certificates or permits, cemetery or crematorium fees); an estimate of the price of the basic package for burial and for cremation, with a list of the goods and services in that package; and how a body is transported prior to burial or cremation (Sch 1 cl 2(1)(a)-(f)). The code expressly permits funeral directors to supply goods and services not referred to in the code and to offer services in the form of a package (Sch 1 cl 4).

The Regulations do not themselves specify penalty amounts or a distinct enforcement procedure within the text of the code; they implement the code as a prescribed instrument under the Fair Trading Act 2010 (reg 3(2)). The compilation table records the instruments and commencement timings (Compilation table). The defined terms list reiterates the key definitions and where they are located (Defined terms).

The Regulations centre on a small set of interlocking concepts set out in Schedule 1. The main legal objects and operative concepts are:

• Funeral director , defined by cross‑reference to the Prepaid Funerals Code of Practice clause 2 (Sch 1 cl 1; reg 3(1)). The instrument does not restate that definition; it relies on that external code for who is captured.

• Funeral information , a composite definition listing specific information elements that must be made available in relation to goods and services for burials and cremations (Sch 1 cl 2(1)). The list is exhaustive in form: the code sets out the categories that constitute "funeral information" and requires those particulars to be displayed and provided.

• Basic package , described as the combination of essential goods and services required for a burial or cremation, whether or not supplied by the funeral director (Sch 1 cl 2(1)). The code requires an estimate of the basic package price for both burial and cremation, and a list of the goods and services forming the package (Sch 1 cl 2(1)(e)).

• Disbursements , the code requires a "reasonable estimate" of disbursements such as cost of a death certificate, other statutory certificates or permits under named Acts, and cemetery or crematorium fees (Sch 1 cl 2(1)(d)(i)-(iii)). The code explicitly anchors those disbursement estimates to obligations under other written laws where applicable (Sch 1 cl 2(1)(d)(ii)).

• Display and provision timing , two separate obligations: (a) to "prominently display" funeral information at each place of business and on the funeral director’s website (Sch 1 cl 2(2)); (b) to provide the funeral information to a person within two business days after a request, or within another period agreed by the parties, and to provide the information before entering into an agreement if it was not already provided (Sch 1 cl 2(3)). The code defines "business day" as excluding Saturday, Sunday and public holidays (Sch 1 cl 1).

• Pre‑contract itemisation , a requirement that, before entering into an agreement, the funeral director must provide the price of each particular good or service to be supplied under the agreement, the cost of any disbursements payable under the agreement, and the total amount payable under the agreement (Sch 1 cl 3).

• Permitted supply forms , the code clarifies that it does not prevent supply of goods and services beyond those listed in the code, nor does it preclude packaging of services (Sch 1 cl 4). This preserves contractual freedom to offer additional or packaged services, subject to the disclosure obligations.

The Regulations apply to persons falling within the definition of "funeral director" used in the Prepaid Funerals Code of Practice and, by reg 3(2), to the supply of goods and services by funeral directors for burials and cremations. The instrument does not itself define which natural persons or corporate entities are funeral directors; compliance coverage therefore depends on the externally located definition (reg 3(1); Sch 1 cl 1). Practitioners must therefore read the Prepaid Funerals Code of Practice clause 2 to determine the population of regulated entities.

The code’s obligations attach to funeral directors when they supply goods or services for burials and cremations (reg 3(2)). That language limits the regulatory reach to those categories of services; activities outside burials and cremations would not be captured by the text of the code as prescribed. The code expressly contemplates that some goods and services included in the basic package might not be supplied by the funeral director (Sch 1 cl 2(1), definition of "basic package"), and it requires disclosure where the funeral director uses mortuaries or crematoria not owned or managed by the funeral director to include the owner's or manager's name (Sch 1 cl 2(1)(c)). Thus third‑party providers used in delivering the funeral services are implicated to the extent their involvement must be disclosed.

Consumers , persons who request information about a burial or cremation, or who enter into agreements for funeral services , are the recipients of the disclosures. The regulatory duties are about information flows from funeral directors to prospective consumers: display obligations at premises and on websites, supply on request within two business days (or an agreed period), and itemised information prior to entering agreements (Sch 1 cl 2(2)-(3); cl 3). The code thus shapes the transactional interface between funeral directors and consumers at the point of pre‑contractual negotiation.

Other public or private entities appear as contextual referents only. The code requires estimates of disbursements tied to statutory requirements under specified Acts , the Births, Deaths and Marriages Registration Act 1998, the Cremation Act 1929, the Public Health Act 2016, and any other written law in relation to the body (Sch 1 cl 2(1)(d)(ii)). Those references indicate an expectation that funeral directors will need to factor in external statutory fees and permits and disclose reasonable estimates for them.

The Regulations do not identify persons who enforce them within the instrument; they prescribe the code under the Fair Trading Act 2010 (reg 3(2)), so enforcement would proceed through the statutory framework and agencies established by that Act. The Regulations themselves do not, for example, set out a private right of action or specify monetary penalties in their text; the code functions as a prescribed standard under the Fair Trading Act (reg 3(2)).

This instrument is narrowly focused on disclosure duties. The principal duties and the rights they create are:

Duties on funeral directors

• To display funeral information prominently at each place of business and on the funeral director’s website (Sch 1 cl 2(2)). The duty is to display the specific contents defined as "funeral information" (Sch 1 cl 2(1)).

• To provide funeral information to a person who requests information about a burial or cremation within two business days after receiving the request, or within another period agreed between the person and the funeral director (Sch 1 cl 2(3)(a)). "Business day" is defined as excluding Saturdays, Sundays and public holidays (Sch 1 cl 1).

• To provide funeral information before entering into an agreement for the supply of goods and services for a burial or cremation if the person has not already been provided with that information (Sch 1 cl 2(3)(b)).

• To provide specific pre‑contract information immediately before entering into an agreement: the price of each particular good and service to be supplied under the agreement; the cost of any disbursements payable by the person under the agreement; and the total amount payable under the agreement (Sch 1 cl 3(a)-(c)).

Content requirements (what must be displayed and provided)

• The code defines the categories that must be disclosed as "funeral information": price of transport of the body prior to burial or cremation; storage of the body at a mortuary or holding room; hire of a refrigeration plate; each type of coffin, casket or shroud supplied (or the price range for all supplied); care and preparation of the body; viewing; arrangement and conduct of a funeral service including venue hire; the burial or cremation itself; the location of mortuary or crematorium used; the owner or manager of a mortuary or crematorium if not owned/managed by the funeral director; reasonable estimates of disbursements (death certificates, permits required under certain Acts, cemetery/crematorium fees); an estimate of the basic package for burial and cremation and a list of its goods and services; and how a body is transported prior to burial or cremation (Sch 1 cl 2(1)(a)-(f)).

Duties of presentation and timing

• The code uses qualitative standards for presentation and for certain content (for example, "prominently display", "reasonable estimate", "estimate of the price"), which delegates to funeral directors a measure of judgement in how to comply (Sch 1 cl 2(2); cl 2(1)(d), (e)).

The Regulations themselves do not set out specific penalties, infringement notices, or bespoke enforcement procedures within their text. Instead, the code is expressly prescribed under section 45 of the Fair Trading Act 2010 (reg 3(2)). Therefore enforcement, remedies, and sanctioning for non‑compliance are matters that arise under the Fair Trading Act framework and associated enforcement mechanisms, rather than being detailed in these Regulations.

What the instrument does provide on enforcement is its legal character: it is a prescribed code of practice under the Fair Trading Act 2010 (reg 3(2)). That descriptive fact matters because the prescribed status triggers whatever compliance, enforcement and remedial architecture is available under the Fair Trading Act for codes of practice. The Regulations do not restate that architecture or provide a statutory summary; those details are located in the parent Act (that is, in the Fair Trading Act 2010), which these Regulations reference by prescribing the code under s 45.

The code uses qualitative standards such as "prominently display" and "reasonable estimate" (Sch 1 cl 2(2), (1)(d)). Enforcement will necessarily involve application of those qualitative standards by an enforcing authority, whether in administrative action, tribunal proceedings, or litigation under the Fair Trading Act. The Regulations do not identify the enforcing agency or prescribe evidentiary or procedural steps for proving non‑compliance; those matters rest with the Fair Trading Act and the agencies that operate under it.

Because the Regulations do not themselves create offence provisions or civil penalty clauses, a reader should not assume a separate penalty schedule is contained here. Instead, the code functions as a prescribed standard that interacts with the enforcement mechanisms and remedies provided by the Fair Trading Act 2010. The instrument’s compilation and amendment notes record the statutory serial history and the deletion of an earlier reg 4 in 2026, but they do not record any litigation or enforcement outcomes (Compilation table; Notes). The code text does not describe outcomes, penalty quantum, or procedural mechanisms.

In practice, therefore, regulated entities should treat the code as a binding disclosure standard whose breach may attract whatever administrative or legal consequences the Fair Trading Act makes available for contravention of prescribed codes. To determine specific enforcement paths, remedies and penalties, refer to the Fair Trading Act 2010 provisions that govern codes prescribed under s 45 and the enforcement powers granted to relevant agencies under that Act.

The Regulations are an instrument made under the Fair Trading Act 2010: the code is prescribed under s 45 of that Act (reg 3(2)). As a prescribed code, its legal effect is to set a standard for conduct in the funeral services sector that operates within the broader Fair Trading Act regulatory framework. The Regulations do not reiterate or otherwise displace the Fair Trading Act; they function as a subordinate instrument that implements a specific code under the Act.

The code explicitly cross‑references other statutory regimes relevant to funeral services. Clause 2(1)(d)(ii) requires funeral directors to give "a reasonable estimate" of the cost of obtaining any certificate or permit required under the Births, Deaths and Marriages Registration Act 1998, the Cremation Act 1929, the Public Health Act 2016, or any other written law in relation to the body (Sch 1 cl 2(1)(d)(ii)). Those cross‑references anchor the disclosure obligations to fees and permits imposed under other Acts and require funeral directors to take into account external statutory costs when estimating disbursements.

The Regulations also import the definition of "funeral director" from the Prepaid Funerals Code of Practice (Sch 1 cl 1; reg 3(1)). That means the scope of persons and entities subject to the disclosure duties in these Regulations depends on the definition used in the Prepaid Funerals Code of Practice. The two codes therefore operate in tandem: one code supplies a definitional threshold, and this code supplies disclosure standards for those actors. Any change to the Prepaid Funerals Code of Practice definition could alter who is captured by these disclosure obligations.

The code’s acknowledgement that the basic package may include goods and services not supplied by the funeral director (Sch 1 cl 2(1), definition of "basic package") creates an interface with third‑party suppliers (cemeteries, crematoria, mortuary operators, local authorities) because the funeral director must disclose estimates of third‑party disbursements and may need to identify the owner or manager of a mortuary or crematorium when not owned or managed by the funeral director (Sch 1 cl 2(1)(c), (d)(iii)). Thus the Regulations do not operate in isolation from the network of statutory and commercial relationships that underpin funeral arrangements.

The code preserves contractual freedom to offer goods and services not referred to in the code and to offer packages (Sch 1 cl 4). That means these disclosure obligations sit alongside existing contract law and consumer protection obligations rather than supplanting them. Any misrepresentation or misleading conduct claim that might arise under the Fair Trading Act or other consumer protection provisions would be considered in light of the code’s standards and prescribed content.

The compilation table included in the instrument records the original Regulations and a subsequent amendment instrument. The original Fair Trading (Funeral Pricing Code of Practice) Regulations 2022 were published as SL 2022/184 on 8 November 2022, with the substantive provisions commencing on 1 May 2023 (Compilation table). An amendment instrument titled Fair Trading (Funeral Pricing Code of Practice) Amendment Regulations 2026 is recorded as SL 2026/21 published on 5 March 2026, with most substantive provisions of that amendment commencing on 6 March 2026 (Compilation table).

The text also records a deletion: a previous reg 4 has been deleted and the deletion is recorded as "Deleted: SL 2026/21 r. 4" (reg 3 note). The compilation table confirms the 2026 amendment instrument and its commencement dates. The instrument as published states its own citation and commencement (regs 1-2).

The Schedule itself appears in the form adopted in 2022, with its defined terms and clauses. The defined terms list appended to the instrument confirms where "funeral director", "basic package", "business day", "funeral information" and "Prepaid Funerals Code of Practice" are defined within the Regulations (Defined terms).

No other amendments, transitional provisions or saving clauses are recorded in the text supplied. The instrument therefore establishes a short legislative history: initial prescription in late 2022 with substantive effect from 1 May 2023, and at least one subsequent amendment or deletion action in early 2026 recorded in the compilation notes and reg 3’s annotation.

For a practitioner, the key recorded change to note in the compilation is the deletion of reg 4 by the 2026 amendment (Deleted: SL 2026/21 r. 4). The Regulations as currently compiled and presented are accompanied by the 2026 compilation date attribution (© State of Western Australia 2026) and the licensing statement, but the instrument does not provide any explanatory memorandum or second reading speech text within the document itself. Any context about the nature or purpose of the 2026 amendment (beyond the deletion annotation in reg 3) is not contained in the provided text.

The instrument contains no record of litigation or judicial consideration. The compilation table and notes list the regulatory instruments and their commencement dates (Compilation table), and the body of the Regulations contains no references to cases, tribunal decisions, or precedent. There are no reported disputes, court judgments, or tribunal determinations recorded in the text provided.

Because the code is prescribed under the Fair Trading Act 2010 (reg 3(2)), litigation or administrative enforcement, if it occurs, would arise under the broader Fair Trading Act framework. The Regulations themselves do not create a direct enforcement schedule or civil penalty clauses, nor do they contain a schedule of historic litigation. Any challenge to the code’s validity, operation, or interpretation would involve interpreting the code’s text (Sch 1 cl 2 and cl 3, among others) and the parent legislation that enables it (the Fair Trading Act 2010). The provided instrument does not report any such proceedings.

Practitioners seeking jurisprudence on interpretation and enforcement of these disclosure obligations should therefore consult case law and tribunal decisions addressing codes prescribed under the Fair Trading Act 2010 generally, and any decisions that specifically mention the Funeral Pricing Code of Practice. The present document does not indicate the existence of such decisions.

In the absence of reported litigation in the instrument, readers should treat the code’s qualitative standards , for example "prominently display" and "reasonable estimate" (Sch 1 cl 2(2) and cl 2(1)(d)) , as likely to require authoritative interpretation should disputes arise. The instrument itself does not provide interpretive guidance, illustrative examples, or administrative policy statements; such materials, if they exist, would need to be located in agency guidance or in judicial decisions outside the instrument.

The Regulations are concise, but several features give rise to pitfalls and practical compliance risks for funeral directors and advisers. These are factual mechanics and interpretive frictions that the code creates or leaves open, grounded in the code text.

1. "Funeral director" is not defined in this instrument. The code imports that term from the Prepaid Funerals Code of Practice clause 2 (Sch 1 cl 1; reg 3(1)). Practitioners cannot determine capture from this instrument alone. If an operator is uncertain whether it falls within the definition, it must consult the Prepaid Funerals Code of Practice. That cross‑link creates a dependency risk: a change to the Prepaid Funerals Code’s definition will affect who is regulated here.

2. "Prominently display" is qualitative and undefined. The code requires funeral information to be "prominently displayed" at each place of business and on the website (Sch 1 cl 2(2)). The instrument does not specify font size, placement, accessibility standards, languages, or whether prominence extends to mobile display. Enforcement will require an assessing authority to impose a meaning, which raises implementation uncertainty for businesses deciding how conspicuously to present information.

3. "Reasonable estimate" and "estimate of the price" lack numeric precision. Several obligations ask for reasonable estimates of disbursements and estimates of basic package prices (Sch 1 cl 2(1)(d), (e)). These are fact‑sensitive judgments that expose funeral directors to disputes if actual third‑party fees differ materially from published estimates. The code does not state acceptable variance thresholds or the circumstances in which subsequent adjustments are permissible.

4. Two business day deadline and "business day" definition. The code requires provision of funeral information within two business days after a request, or another period agreed between the parties (Sch 1 cl 2(3)(a)). "Business day" excludes Saturdays, Sundays and public holidays (Sch 1 cl 1). That timing requirement may present operational pressure in circumstances of sudden death or urgent funeral arrangements where consumers require immediate information. The code permits an agreed period to displace two business days, which gives funeral directors a commercial route to manage urgent requests if the consumer agrees.

5. Pre‑contract itemisation is limited to goods and services that "will be supplied under the agreement". The obligation in clause 3 requires itemised pricing of the particular goods and services that will be supplied under the agreement, costs of disbursements payable under the agreement, and the total payable (Sch 1 cl 3). This means itemisation is transaction‑specific. If goods or services fall outside the agreement but are typical extras, the code requires earlier public disclosure of price ranges (Sch 1 cl 2(1)(a)(iv)). But enforcing what "will be supplied" could lead to disputes when optional items are signed up after entering a base agreement.

Compliance under this code is primarily procedural and disclosure focused. The following practical checklist maps directly to the statutory text and identifies concrete actions that implement the code’s obligations. Each action is tied to the relevant clause in Schedule 1.

1. Determine whether you are a "funeral director". Consult the Prepaid Funerals Code of Practice clause 2 to confirm whether your entity or individual practitioners fall within the imported definition (Sch 1 cl 1; reg 3(1)). This determines whether the code applies to your activities.

2. Prepare the required "funeral information" content. The code prescribes the exact categories that must be disclosed. For each category in Sch 1 cl 2(1):

   • Prepare and document the price for transport of the body prior to burial or cremation, storage at a mortuary or holding room, hire of refrigeration plates, and the care/preparation of the body (Sch 1 cl 2(1)(a)(i)-(iii), (v)).

   • Publish either the price of each type of coffin/casket/shroud you supply or the price range for all coffins/caskets/shrouds you supply (Sch 1 cl 2(1)(a)(iv)).

   • Provide prices for viewing prior to burial/cremation, arrangement and conduct of funeral services including venue hire, and the burial or cremation itself (Sch 1 cl 2(1)(a)(vi)-(viii)).

   • Document the location of the mortuary or crematorium you use and, where not owned or managed by you, the name of the owner or manager (Sch 1 cl 2(1)(b)-(c)).

   • Identify and prepare reasonable estimates of disbursements: death certificate cost, any other certificate or permit costs under the named Acts or other written law, and cemetery/crematorium fees (Sch 1 cl 2(1)(d)(i)-(iii)). Monitor and update these estimates when statutory fees or third‑party charges change.

   • Prepare an estimate of the price of the basic package for both a burial and a cremation, and list the goods and services included in that package (Sch 1 cl 2(1)(e)). Decide and document what you treat as the "basic package".

   • Describe how a body is transported prior to burial or cremation (Sch 1 cl 2(1)(f)).

3. Implement display practices to meet "prominently display" requirements (Sch 1 cl 2(2)). Ensure that:

   • At each physical place of business you operate, the funeral information is made visible and accessible to prospective consumers (for example, via a dedicated pricing board, displayed leaflet, or notices at receptions). Ensure physical displays are placed where customers seeking information are likely to see them.