Burial and Cremation Act 2022

(1) If there is a dispute regarding who is the senior next of kin for a deceased person, a next of kin may:

(a) request the other parties to the dispute to engage in mediation in accordance with section 12(1) to resolve the dispute; or

(b) apply to NTCAT for a determination of the senior next of kin for the deceased person.

(2) NTCAT must consider the following in determining the senior next of kin:

(b) if 2 or more people have equal status as the senior next of kin because of their standing under section 11(1)(a), (f) or (h) – whether any of those people would provide to NTCAT an undertaking that they will organise and pay any relevant cost for the burial or disposal of the deceased person;

(c) if 2 or more people have equal status as the senior next of kin because of their standing under section 11(1)(f) or (h) – the nature of the relationship of each of those people to the deceased person immediately before death.

(3) NTCAT, after determining who is the senior next of kin for a deceased person, may:

(a) order that the person is the senior next of kin for the deceased person; and

(4) Section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply to a decision of NTCAT under this section.