The NSW Government is moving to give coroners greater discretion in deciding who should represent a deceased person’s family during the coronial process, following concerns that the current legal hierarchy can produce inappropriate outcomes in complex family situations.
Legislation is expected to be introduced to Parliament as part of the Government’s response to the Statutory Review of the Coroners Act 2009.
Under the current law, the role of senior next of kin generally follows a fixed statutory order, beginning with the deceased person’s spouse, followed by adult children, parents, adult siblings and, in some circumstances, an executor or legal personal representative.
The senior next of kin acts as the main family contact for the Coroner and may be consulted about matters including medical procedures, post-mortem examinations and the progress of the coronial investigation.
Coroners to Gain Greater Discretion
Under the proposed reforms, coroners would be able to appoint an alternative senior next of kin where the person who would normally hold the role is considered inappropriate.
That could include circumstances involving:
- Domestic and family violence
- Estrangement
- Family disputes
- Complex cultural or kinship arrangements
The changes are intended to prevent situations where a person with limited, harmful or inappropriate involvement with the deceased automatically becomes the family representative simply because they sit higher in the statutory hierarchy.
People with a sufficient connection to the deceased would also be able to put themselves forward for consideration, with coroners responsible for resolving competing claims.
Reform Reflects 2023 Statutory Review
The changes respond to eight recommendations from the statutory review of the Coroners Act.
One of the review’s recommendations specifically called for section 6A of the Act to be amended so that a coroner could appoint an alternative senior next of kin where the statutory person was not appropriate, rather than only where they were unavailable.
The broader review examined whether the objectives and operation of the Coroners Act 2009 remained appropriate, including how deaths are investigated, how families participate in the process and how coronial recommendations are made.
Greater Recognition of Kinship Structures
The proposed reforms are also designed to better recognise extended family and kinship structures in culturally diverse communities, including Aboriginal and Torres Strait Islander families.
That would give coroners more flexibility to consider who genuinely had the closest and most appropriate relationship with the deceased, rather than relying only on a narrow statutory hierarchy.
Family Advocacy Helped Shape the Changes
The reforms have also been informed by advocacy from Kylie Bailey, following the 2023 death of her daughter Caitlin Thornton, and Nicole Barry, whose sister Megan Best died in 2025.
The Government says their experiences highlighted difficulties that can arise when the legally recognised senior next of kin does not reflect the realities of a family relationship.
Attorney General Michael Daley said the changes were intended to give coroners the ability to make decisions based on the circumstances of each family rather than applying a rigid hierarchy in every case.
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said the reforms were particularly important in situations involving domestic and family violence, where the current legal order could otherwise recognise an inappropriate person as next of kin.
Broader Coronial Reform Still to Come
The NSW Government also plans to begin public consultation on a wider package of coronial reforms by early 2027.
That next stage is expected to address further recommendations from the statutory review that are not covered by the current legislation.
For now, the proposed changes focus primarily on how senior next of kin are appointed and how coroners can respond when family relationships are complex, disputed or affected by violence or estrangement.
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