Burial and Cremation Act 2022

(a) make any decision required under this Act regarding the human remains of the deceased person in accordance with this Act; and

(b) decide the outcome of any dispute regarding the human remains of the deceased person under this Act.

(2) If there is more than one executor of the estate of the deceased person and there is a dispute regarding the human remains of the deceased person between the executors, an executor 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 which executor has the authority to make decisions under this Act regarding the human remains of the deceased person.

(3) NTCAT must consider the following in determining which executor has authority to make decisions:

(a) the status of each executor in relation to the hierarchy of senior next of kin specified in section 11(1);

(b) if the executors have equal status because of their standing under section 11(1)(f) or (h) – the nature of the relationship of each executor to the deceased person immediately before death.

(4) NTCAT, after determining which executor of the estate of the deceased person has authority to make decisions under this Act regarding the deceased person, may:

(a) order that the executor is the executor with authority to make decisions under this Act regarding the deceased person; and

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