Burial and Cremation Act 2019

Subject to subsection (4), a person is the senior next of kin in relation to a deceased person, including the cremated remains of the deceased person, for the purposes of this Act, if – the person is the executor or administrator of the estate of the deceased person, if the administration of the estate is not complete; or if there is no person within paragraph (a) in respect of the deceased person – the person was the spouse of the deceased person immediately before the death of the deceased person; or if there is no person within paragraph (a) or (b) in respect of the deceased person – the person is the deceased person’s eldest available child, within the meaning of section 3(13) of the Evidence Act 2001, if that child has attained the age of 18 years; or if there is no person within paragraph (a), (b) or (c) in respect of the deceased person – the person was in a caring relationship, within the meaning of the Relationships Act 2003, with the deceased person immediately before the death of the deceased person; or if there is no person within paragraph (a), (b), (c) or (d) in respect of the deceased person – the person is a parent of the deceased person; or if there is no person within paragraph (a), (b), (c), (d) or (e) in respect of the deceased person – the person is the eldest available sibling of the deceased person, if that sibling has attained the age of 18 years; or if there is no person within paragraph (a), (b), (c), (d), (e) or (f) in respect of the deceased person – the person is the personal representative of the deceased person; or if – there is no person within paragraph (a), (b), (c), (d), (e), (f) or (g) in respect of the deceased person; and the deceased person is an Aboriginal person within the meaning of the Aboriginal Lands Act 1995 – the person is a person who is an appropriate person according to the customs and traditions of the community or group to which the deceased person belonged; or if there is no person within paragraph (a), (b), (c), (d), (e), (f), (g) or (h) in respect of the deceased person – the person is a person approved under subsection (3) as the senior next of kin of the deceased person.

For the purposes of subsection (1) or (3), there is no person within the paragraph in respect of a deceased person, or a person referred to in the paragraph is not available, if the person referred to in that paragraph – is unable to be contacted after all reasonable steps to contact the person have been taken; or has declined to act as the senior next of kin of the deceased person; or is, in the opinion of a medical practitioner, unable to perform adequately, or competently, the duties of senior next of kin.

For the purposes of subsection (1)(i), the regulator may approve, by notice in writing to a person, that person as the senior next of kin of the deceased person.

Despite subsection (1), a reference to senior next of kin in respect of human remains, or cremated remains, of a person who is not yet deceased is taken to be a reference to the person if the person has legal capacity.