Burial and Cremation Act 2022

(1) A senior next of kin, in relation to a deceased person, means one of the following people in descending order:

(a) if the deceased person was an Aboriginal or Torres Strait Islander person and had strong cultural and traditional ties to a community or group – a person who, according to the customs and traditions of that community or group to which the person belonged, is appropriate to perform that role;

(b) if paragraph (a) does not apply and the deceased person was, immediately before death, both married and in a de facto relationship then the senior next of kin is:

(i) in the situation where the deceased person was in a continuous de facto relationship for at least the 2 years immediately before death and the deceased person did not at any time during those 2 years live with the deceased person's spouse – the deceased person's de facto partner; or

(ii) in the situation where the parent of the deceased person's youngest child is the deceased person's de facto partner and the deceased person did not live with the deceased person's spouse immediately before death – the deceased person's de facto partner; or

(c) if paragraphs (a) and (b) do not apply and the deceased person was, immediately before death, married – the deceased person's spouse;

(d) if paragraphs (a) to (c) do not apply and the deceased person was, immediately before death, in a de facto relationship – the deceased person's de facto partner;

(e) if paragraphs (a) to (d) do not apply – the deceased person's eldest child who is 18 years of age or older who can be contacted within a reasonable period;

(f) if paragraphs (a) to (e) do not apply – the deceased person's parent;

(g) if paragraphs (a) to (f) do not apply – the deceased person's eldest sibling who is 18 years of age or older who can be contacted within a reasonable period;

(h) if paragraphs (a) to (g) do not apply – a person who immediately before the death of the deceased person, had a relationship with the deceased person.

Note for subsection (1)(e)

If the eldest child cannot be contacted within a reasonable period, the next eldest child who is 18 years of age or older who can be contacted is the senior next of kin for the deceased person.

Note for subsection (1)(g)

If the eldest sibling cannot be contacted within a reasonable period, the next eldest sibling who is 18 years of age or older who can be contacted is the senior next of kin for the deceased person.

(2) Despite the seniority order mentioned in subsection (1), a senior next of kin must be the person in the most senior order:

(a) who has not been certified as mentally unfit by 2 medical practitioners; and