What Are the Rules for Roadside Memorials in Australia?

Detailed Explanation

For the general picture of how roadside memorials work in different countries, including etiquette and why they get removed, see roadside memorials: rules, etiquette, and how long they can stay. This page covers the Australian detail.

There's no national law on roadside memorials in Australia. The road reserve (the land alongside the road) is managed by whichever authority is responsible for that road: the state or territory transport agency for highways, freeways, and main roads, and the local council for local streets. Each sets its own rules, so what's allowed on a state highway may differ from what the council allows on a residential street a few hundred metres away.

Across the states that publish guidance, the same few themes come up: keep it small, don't set it in concrete, keep it clear of the traffic lane and road signs, don't place it on a freeway or motorway, and expect it to be moved temporarily during roadworks.

How Each State Handles Roadside Memorials

The guidance below was checked in September 2026. Road authorities update their policies, so confirm the current rules with the relevant agency or council before installing anything lasting.

New South Wales

Transport for NSW publishes guidelines for roadside tributes on the roads it manages. As of 2026, a tribute must be no more than 50cm high, 40cm wide, and 40cm deep in the ground. It must not be made of a breakable material, and it must not create a distraction, so no lighting or fluorescent materials.

Tributes should be on local, regional, or arterial roads. Freeways and motorways aren't appropriate because stopping on them is illegal except in an emergency. Transport for NSW also suggests avoiding sharp bends, keeping the tribute well clear of passing traffic, and choosing a spot with room to pull off safely and re-enter the road.

During roadworks, Transport for NSW says it will aim to contact the family and consider their views on relocating or reinstalling the tribute. If a tribute is a safety hazard, it may be removed, stored, or relocated, with an attempt to contact family first. The guidance also asks families to check with the local council about location and to consider nearby residents. NSW doesn't publish a fixed time limit.

Victoria

Victoria's Roadside Memorial Policy was written by VicRoads in 2015 with input from councils, Victoria Police, the Transport Accident Commission, Road Trauma Support Services Victoria, and Road Trauma Families Victoria. It's now published by the Department of Transport and Planning and applies to freeways and arterial roads. Councils can choose to follow it for local roads.

The policy is built on principles rather than fixed rules. It doesn't encourage memorials, but says the department won't modify, relocate, or remove one that meets its principles. The main points:

• Family wishes come first. Where family and friends disagree, the family's wishes take precedence.
• The community is considered too. Memorials should be discreet and generally not close to homes. If someone raises a concern, the department works with the people affected, and they can choose mediation at their own cost.
• Location. Memorials shouldn't be on traffic islands, medians, roundabouts, or freeways (including ramps), or attached to guideposts, light poles, barriers, or signs. As a guide, they should generally be at least 30m from traffic signals, intersections, and curves, and at least 3m from the edge of the road seal.
• Materials. Nothing should be concreted in. Flowers and mementos should be firmly fixed, and plastic wrapping is discouraged.
• Contact details. Families are encouraged to put impersonal contact details on the memorial, such as an email address or PO box, so the department can get in touch before any roadworks.

The policy's transitional timeframe is the most specific in Australia:

This timeframe is a basis for conversation, not an automatic deadline. The policy says that where a memorial meets all its principles and isn't causing concern, it may remain. A plaque may be considered case by case, in consultation with nearby residents, the department, and the council.

Queensland

Queensland's Department of Transport and Main Roads doesn't require a permit for a roadside memorial that meets its guidelines, but families are asked to lodge a notification form (form F5214) so the department can contact them about future roadworks. It also recommends talking to the local district office before installing.

As of 2026, the rules include:

• Size. No more than 750mm high and 500mm wide, set 400mm into the ground and not in concrete.
• Design. The preferred option is a white wooden cross, which is less likely to distract drivers. A name and date may be added, and fresh flowers attached. Other attachments and memorabilia, including concrete, aren't permitted.
• No plastic. Plastic wrapping and plastic flowers shouldn't be used, because mowing shreds them.
• Location. Memorials aren't allowed on motorways, freeways, traffic islands, medians, roundabouts, or within clear zones.

When roadworks happen, the department relocates the memorial and returns it to its original spot where possible. If a memorial becomes a hazard, blocks roadworks, or affects local residents, the family may be asked to remove, move, or modify it. The family is also responsible for keeping the site tidy. Queensland's guidance doesn't set a fixed time limit.

Western Australia

Main Roads WA says it respects the need for roadside memorials and will help families understand the requirements and, where wanted, install a memorial at the safest location. It offers free memorial options:

• a white wooden cross
• a plant
• a grey concrete paver with a painted white cross
• a decal with a white cross on a black background.

Memorials on freeways are not permitted, because stopping on a freeway is prohibited under the Road Traffic Code 2000. During roadworks, Main Roads moves a memorial clear of the work area and reinstalls it as close as practical to the original location, unless the family asks otherwise. Main Roads can be contacted on 138 138.

Other states, territories, and local roads

The ACT Government has its own roadside memorials policy, and the Northern Territory Government publishes guidance on memorials on roads. In South Australia and Tasmania, the state transport department is the place to ask about state-managed roads. Many councils in every state also have their own policies for local roads, and some differ from the state approach. If you're not sure who manages a road, the local council can usually tell you, and ask them about any time limits or size rules before installing something lasting.

Things to Consider

• The state rules only cover state-managed roads. On a local road, the council's policy applies, and it may be stricter or more relaxed than the state guidance.
• Registering the memorial protects it. Queensland's notification form and Victoria's suggestion of contact details both exist so the road authority can reach the family before roadworks. Without them, the authority may not know who to ask.
• Other people affected by the crash matter to the authorities. Victoria's policy in particular weighs the feelings of nearby residents and others affected. A discreet memorial is less likely to attract complaints over time.
• Road trauma support is available. Road Trauma Support Services Victoria (1300 367 797) and Road Trauma Support WA (1300 004 814) support anyone affected by a road crash, however long ago. Grief Australia and Lifeline (13 11 14, 24 hours) are available nationally.
• A lasting tribute can sit alongside the roadside one. Because a roadside memorial may eventually be moved, many families also create something more permanent, such as a plaque in a park or an online memorial where family and friends can share photos and stories.

Common Mistakes

• Setting a memorial in concrete. NSW, Victoria, and Queensland guidance all rule this out, because a solid structure is dangerous if a vehicle leaves the road. It's one of the most common reasons a memorial has to be changed.
• Using plastic flowers or wrapping. Queensland asks families not to use them, and Victoria discourages plastic wrapping, because mowing shreds plastic into litter.
• Choosing a freeway or motorway site. Stopping on these roads is prohibited except in an emergency, so memorials there are generally not allowed and visiting them is unsafe.
• Attaching things to signs, poles, or barriers. Victoria's policy specifically advises against it, and it can interfere with road safety equipment.
• Not telling anyone who placed it. Without a notification form or contact details, the road authority has no way to reach the family before roadworks or a safety review.