New Rules for Identifying Next of Kin; Senior Next of Kin Can Stop Post Mortems; Expanded Rights for Relatives in Coroners' Cases
Coroners Amendment (Senior Next of Kin) Bill 2026
1st House
2nd House
Assent
Topics
coronial proceedings court procedures criminal justice human remains Indigenous affairs next of kin post mortem public health
Introduced by: Michael Daley MP (ALP) — Attorney General; The Hon Daniel Mookhey MLC (ALP) — Treasurer
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The law now uses a priority list to identify the 'presumed next of kin' for a deceased person, starting with a spouse, then adult children, parents, adult siblings, and finally executors or people with a close personal connection.
A coroner can now recognize extended family or kinship systems, especially for Aboriginal or Torres Strait Islander people, when identifying the next of kin.
A coroner can formally appoint an adult as the 'appointed next of kin' if the presumed next of kin are disagreeing or are not appropriate for the role. When making this choice, the coroner must consider if the candidate has committed domestic abuse against the deceased person.
The definition of 'relative' is expanded to include adoptive parents, step-parents, adopted children, and step-children.
The senior next of kin can ask a coroner to stop a post mortem examination or the retention of organs. A coroner can only override this request if the senior next of kin is suspected of a crime related to the death.
If a coroner decides a post mortem or organ retention must proceed despite an objection, they must give the senior next of kin written notice and a waiting period of at least 48 hours. This notice must tell the next of kin they can apply to the Supreme Court to stop the process.
The senior next of kin can allow another person to act on their behalf regarding post mortem requests, provided the coroner is notified.
Medical practitioners are banned from certifying a cause of death using the age-related exception (for people 72 and over) if a relative objects.
A coroner must allow relatives to appear in person or be represented by a lawyer during proceedings, unless there are exceptional reasons to refuse.
A coroner can issue a 'section 101 order' to allow human remains to be buried, cremated, moved interstate, or used for medical research. The order must name the person who will receive the remains.
The Supreme Court can now change who receives human remains or change the conditions of a release order if a person applies and is granted leave.
A person can apply to the Supreme Court to cancel a coroner's order to exhume a body. If the court allows the application, it must stop the exhumation from happening until a final decision is made.
A person can apply to the Supreme Court to remove or appoint a next of kin. The Supreme Court must refuse these applications if the person is not a recognized relative, waited too long to apply, or if the request is unreasonable.
The rules for handling human remains are expanded to cover any form of interment and the delivery of remains for medical research. People must have an appropriate authorization, such as a medical certificate or a coroner's order, to move or bury remains.