Ms JODIE HARRISON (Charlestown—Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault) (12:28): The Coroners Amendment (Senior Next of Kin) Bill 2026 delivers on commonsense reforms informed by evidence and input from stakeholders, including families who have lost loved ones to domestic and family violence. I acknowledge in particular two powerful advocates. I recognise Kylie Bailey, the mother of the late Caitlin Rose Thornton. Kylie has campaigned for legislative reform to prevent alleged perpetrators against a deceased person from being appointed as senior next of kin. I also recognise Nicole Barry, the sister of Megan Best, who has also campaigned for change. Those two women have been absolutely staunch advocates. It never ceases to amaze me when people who have suffered such loss and trauma can turn their energies to making change, including legislative change, for the good of the community.
We have also listened to legal and advocacy organisations, First Nations organisations, State government agencies and the courts. Under section 6A of the Coroners Act, the senior next of kin of a deceased person is determined according to a fixed statutory hierarchy. In the order of priority, the hierarchy comprises the deceased person's spouse, adult children, parents, adult siblings and then the executor or legal personal representative. Under the current settings, there is no explicit power for a coroner to exercise discretion to depart from that hierarchy. Following a statutory review and stakeholder advocacy, the case for change was clear.
The bill proposes several reforms to the Coroners Act. One core change is to provide coroners with a discretion to appoint an alternative senior next of kin in cases where the statutory senior next of kin is not appropriate. The Coroner would be required to consider any domestic abuse allegations made about that person towards the deceased. In cases of domestic and family violence, perpetrators of abuse frequently use a range of different ways to control their victim. It is terrible and unfortunate that, in cases like that experienced by Kylie Bailey, the perpetrator of domestic and family violence continues with the intent to control even after their victim is no longer around.
The discretion provided to the Coroner is intended to prevent a spouse of a deceased person accused of domestic and family violence from being appointed senior next of kin. The central reform of the bill replaces the current definition of "senior next of kin" under proposed new sections 6A to 6D. The senior next of kin is defined as either the "presumed next of kin" or the "appointed next of kin". The bill retains the statutory hierarchy under the current Coroners Act as the default starting position, but where no person higher in the hierarchy is reasonably available, a person who has or had a relevant personal connection with the deceased may be recognised as a presumed next of kin.
Changes to the Coroners Act proposed in the bill include allowing for multiple senior next of kin in certain circumstances where the deceased has more than one parent, adult child or adult sibling who may wish to act as senior next of kin together—the Minns Labor Government has made that change, which is very important in particular cultures—greater clarity in coronial orders about the interment or disposal of deceased persons; and recognition of extended family and kinship structures in different cultures, including First Nations cultures, to determine the senior next of kin or a relative of the deceased.
I reiterate the commonsense changes included in the bill. Sadly, there have been cases in New South Wales when families of victims of alleged domestic and family violence have been left heartbroken by the appointment of people accused of domestic and family violence as the senior next of kin. That is clearly inappropriate. The bill demonstrates our commitment to working with experts and considering the lived experience of victim‑survivors and acting accordingly. I commend the bill to the House.
