(NSW) Allow Coroners to Choose Appropriate Senior Next of Kin Representatives for the Deceased

Kirsty Umback & Meaghan Kearney
7 days ago
8 min read

Author: Kirsty Umback & Meaghan Kearney | Publish date: 21/4/2026

Trigger Warning: Aboriginal and Torres Strait Islander readers are warned that the following brief mentions deceased persons. Content also includes references to domestic violence and suicide.

P: In NSW, coroners have no discretionary power to appoint an appropriate Senior Next Of Kin to represent the deceased.
S: The NSW Attorney General should amend Section 6A of the Coroners Act 2009 (NSW) to give coroners discretionary power over Senior Next Of Kin appointments. (See below.)
E: DCJ Report on the Statutory Review of the Coroner's Act 2009: ‘recommend that the definition of “senior next of kin” retain its current hierarchy but be amended to: ... extend the statutory hierarchy to include an adult that had a relationship with the deceased person immediately before their death, such that the coroner considers them to be the most appropriate senior next of kin. This person can only be appointed when another person who sits above in the statutory hierarchy is not available or appropriate.’

Problem Identification:

Section 6A of the Coroners Act 2009 (NSW) states that there is a defined order of priority or ‘statutory hierarchy’ in the allocation of family members to be the appointed Senior Next Of Kin (SNOK). This pre-determined hierarchy stipulates that ‘the deceased person’s spouse’ or, if not available, then ‘the deceased person’s [adult] children’, then ‘the deceased person’s parents’ act as the SNOK. The 2023 NSW Department of Communities and Justice Report on the Statutory Review of the Coroners Act 2009 (the Report) noted ‘the coroner is required to appoint the person designated in the hierarchy, regardless of the availability or appropriateness of other persons in the hierarchy to be [SNOK].’

Thus, it is known that the coroner is constrained in their ability to consider broader factors of appropriateness when appointing the SNOK for the deceased. The Report noted that the current NSW legal definition of familial hierarchy may not reflect Aboriginal and Torres Strait Islander kinship structures, which often extend beyond immediate blood relatives. Further, ‘Caitlin’s Law’ advocates have highlighted SNOK appointments prioritise a spouse or de facto partner, regardless of any history of domestic and family violence.

Context:

The Coroners Act 2009 (NSW) refers to the legal framework that tasks coroners with both judicial and investigative work, including the examination of circumstances related to unnatural, sudden, unexpected or suspicious deaths.

The role of the SNOK within the coronial process is to be the coroner’s main point of contact with the family of the deceased. The SNOK can influence coronial processes such as post mortems and the release of a body for burial. The SNOK is also granted additional power over both the deceased’s estate and funeral arrangements when a person passes away without a valid Will, or ‘intestate’.

According to the NSW Coroners Court, their jurisdiction was established with ‘the foundation of the colony.’ Community Legal Centres NSW outlined that the Coroners Court remains part of a system that has long harmed First Nations peoples.

Arguments:

Currently, the NSW Coroner is constrained in their ability to appoint the most culturally appropriate SNOK. In 2024, the NSW Supreme Court resolved a lengthy dispute over ‘appropriate arrangements’ for the body of Wiradjuri woman Debbie-Lee Gill. News coverage, including ABC and News.com.au, reported the dispute between Ms Gill’s SNOK and family led to her body remaining in a Newcastle hospital mortuary for 4 years. The Report concluded ‘this rigid [SNOK] process does not consider who the most appropriate appointee is in the circumstances’. According to Beaufils and Williams (2025), ‘First Nations people involved in the coronial process have needs that are unique and complicated by the historic and ongoing colonial practices of the state.’

The Report outlined that coroners cannot take into account situational factors, which would include reported instances of domestic violence or coercive control, when deciding a SNOK. This is illustrated through the case of Caitlin Thornton, who died in March 2023 without a Will, days after separating from her alleged abusive de facto partner. According to Solari & Stock Lawyers, existing NSW SNOK law granted legal authority to Caitlin’s de facto partner to make decisions about her estate. The Caitlin’s Law campaign further described this as ‘a critical loophole in NSW law that allows a violent partner[,] regardless of ongoing investigations or history of abuse’, to retain legal authority over their victim after death. According to Caitlin’s Law advocates, the ‘legal presumption [of SNOK] endangers families, risks compromising investigations, and retraumatises those already experiencing profound loss.’

Advice/Solution Identification:

The Report and former Deputy State Coroner of NSW, Hugh Dillon, have both called for coroners to be provided with the discretionary power to choose appropriate Senior Next of Kin representatives for the deceased. Dillon noted that this would ‘spare blended and fragmented families added distress.’ Further, the Report stated coronial discretion over SNOK would allow for wider cultural definitions of ‘family’ that consider Aboriginal and Torres Strait Islander kinship structures.

Precedent:

There is an international precedent for granting coroners discretion to appoint representatives for the deceased during coronial inquiries. In the UK, the coronial process does not impose a strict legal hierarchy among ‘Interested Persons’.

Public Support:

Broad Support

Caitlin's Law - Called for changes to NSW law to 'allow police, the courts, or the Coroner to temporarily or permanently suspend next-of-kin rights in cases where domestic violence concerns exist and prioritise safe family members instead', but not specifically to give coroners discretionary power over SNOK appointments.

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

Sydney Morning Herald - “How Caitlin’s alleged abuser gained control of her body and her money after she died”. The alleged abusive ex-partner of Caitlin Thornton, who passed away in 2023, was appointed her SNOK due to hierarchical structure in NSW coroner’s court. By: Amber Schultz | 26 February 2026 - Read more here.
A Current Affair - “Mum fights loophole that allowed daughter's alleged abuser legal responsibility after death”. The mother of Caitlin Thornton, who passed away in 2023, will fight a loophole in NSW that gave Caitlin’s ex-de facto partner SNOK rights. By: A Current Affair Staff | January 2026 - Read more here.
News.com.au - “Body to be cremated after four year legal battle”. A four-year family battle over the remains of a young Indigenous woman has finally come to an end after a court ruling that ordered her body be cremated. By: Sarah Keoghan | 19 October 2024 - Read more here.
ABC News - “Expert warns NSW Coroners Court overwhelmed, under-resourced and in need of overhaul”. The mother of Geoffry Fardell, who was murdered in a NSW correctional facility, is frustrated by significant delays and a backlog of her son’s case in the NSW Coroners Court. By: Greta Stonehouse | 9 August 2023 - Read more here.

Where to go to learn more:

(2023) Report on the Statutory Review of the Coroners Act 2009 | NSW Department of Communities and Justice - This report, prepared by the Department of Communities and Justice, reviewed the original policy objectives of the Act and determined what amendments should be made to adequately provide a complete and accurate picture of modern coronial process and procedures. View the report here.
(2021) Inquiry into Coronial Jurisdiction In New South Wales | Adjunct Professor Hugh Dillon (UNSW) - This submission was submitted to the Select Committee on the NSW coronial jurisdiction with the State Legislative Council, in conjunction with Parliament House. The submission determined areas of the Coroners Act 2009 (NSW) that must be amended to uphold relevance in modern coronial proceedings. View the submission here.
(2023) Coronial Responses to Suicides of Aboriginal and Torres Strait Islander People | The University of Western Australia - This research report, prepared in consultation with numerous academics at the University of Western Australia, reviewed coronial responses to suicides of Aboriginal and Torres Strait Islander peoples. The report critically analysed the responses and calls for certain amendments of various State and Territory Coroner Acts. View the report here.
(2022) Reforming the Coroners Court: If not now, when? | Adjunct Professor Hugh Dillon (UNSW) - This opinion piece, authored by Hugh Dillon, argued the need for a full amendment of the Coroners Act 2009 (NSW), analysing weaknesses within current state coronial processes. View the opinion piece here.
The Coroners Act 2009 (NSW) - Read the full Act here.

Human Perspective:

Trigger Warning: Suicide, Indigenous death

Jodie and Sarah, both proud Indigenous women, were close friends who thought of each other as sisters. Sarah unexpectedly passed away from suicide without leaving a Will. She had no spouse and was estranged from her remaining family. Because of the statutory hierarchy in Senior Next of Kin (SNOK) appointments, Sarah’s estranged brother, who hadn’t had contact with Sarah for 23 years, was immediately given access to her bank account and coronial records. He planned to have a private funeral for Sarah and have her remains buried in the town where he lived. Jodie knew that Sarah had always wanted to be cremated and have her ashes scattered in the ocean near her long-term home. Sarah had also been a volunteer for a local wildlife shelter and had told Jodie that she wanted her money to be donated to the shelter if she passed away. Furthermore, Jodie was devastated that she wouldn’t be able to give Sarah a proper goodbye or celebrate her life at her funeral. Jodie legally disputed the SNOK arrangements and hoped to be appointed to the position of SNOK in Sarah’s brother’s stead. Unfortunately, the barrister was expensive, so Jodie used all of her savings to fund the legal proceedings. Due to court delays, the legal battle took 2 years, and Sarah’s body remained in a morgue during this period. Eventually, Jodie lost the case, as the Act does not recognise Indigenous kinship structures, nor situational factors that make an appointed SNOK inappropriate to act on behalf of the deceased. Sarah’s estranged brother was able to withdraw money from Sarah’s bank accounts to pay for legal expenses, and he did not donate any of the money to the wildlife shelter. Jodie was left feeling distraught as her friend was buried 500km away.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

N/A

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Disclaimers

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Reference list:

Barber, M. (2025, February 20). Grief, culture, and justice: A journey through the NSW Coroners Court. Community Legal Centres NSW. https://www.clcnsw.org.au

Beaufils, D., & Williams, O. (2025, Autumn). The power of process: The First Nations protocol and the New South Wales Coroners Court. Bar News: The Journal of the New South Wales Bar Association, 44-45. https://www.austlii.edu.au/au/journals/NSWBarAssocNews/2025/17.pdf

Caitlin’s Law. (2025). Caitlin’s Law. Retrieved March 18, 2026, from https://www.caitlinslaw.com/

Coroners Court of New South Wales. (2022). State Coroner’s protocol: Supplementary arrangements applicable to Section 23 deaths involving First Nations Peoples. Local Court of New South Wales. https://coroners.nsw.gov.au/documents/practice-notes/State_Coroners_Protocol_2022.pdf

Coroners Court of New South Wales. (2025, April 29). First steps, examinations, investigations and the Coronial process. https://coroners.nsw.gov.au/the-coronial-process.html

Department of Communities and Justice. (2023). Statutory review: Report on the statutory review of the Coroners Act 2009. New South Wales Government. https://www.parliament.nsw.gov.au/tp/files/187608/Report%20on%20the%20Statutory%20Review%20of%20the%20Coroners%20Act%202009.pdf

Dillon, H. (2018). Hot topic: Why NSW needs a specialist Coroners Court. Law Society Journal, 48, 26-27. https://search.informit.org/doi/10.3316/agispt.20180910001571

Dillon, H. (2021). Inquiry into coronial jurisdiction in New South Wales [Submission to Select Committee on the NSW coronial jurisdiction]. https://www.parliament.nsw.gov.au/lcdocs/submissions/73389/0014%20Adjunct%20Professor%20Hugh%20Dillon.pdf

Dillon, H. (2022, Summer). Reforming the Coroner’s Court: If not now, when? Bar News: The Journal of the New South Wales Bar Association. https://bn.nswbar.asn.au/article/reforming-the-coroners-court-if-not-now-when

Dillon, H. (2022, Winter). Is reform on the way (at last) for the NSW coronial system? Bar News: The Journal of the New South Wales Bar Association. https://bn.nswbar.asn.au/article/is-reform-on-the-way-at-last-for-the-nsw-coronial-system

Dudgeon, P., McKenna, V., Smith, D., Ketchell, M., Tabuai, K., Tabuai, A., Manado, A., & Robotham, J. (2023). Coronial responses to Aboriginal and Torres Strait Islander people: Research report. University of Western Australia. cbpatsisp.com.au

Exley, R. (2026, January 12). The story of Caitlin Thornton – How dying without a will can leave control in the wrong hands. Solari & Stock Lawyers. https://solariandstock.com.au/2026/01/12/the-story-of-caitlin-thornton-how-dying-without-a-will-can-leave-control-in-the-wrong-hands/

Keoghan, S. (2024, October 19). Body to be cremated after four year legal battle. News.com.au. https://www.news.com.au/national/nsw-act/courts-law/body-to-be-cremated-after-four-year-legal-battle/news-story/7651f4ddbf46f276aec136e90a8c323f

Ministry of Health. (2024). Policy directive: Coroners cases and Coroners Act 2009. New South Wales Government. https://coroners.nsw.gov.au

State of New South Wales v Gill (2024). 115 NSWLR 536. https://nswlr.com.au/view/115-nswlr-536