NSW changes law to let coroners override abusive next-of-kin in burial decisions
New South Wales has amended the Coroners Act, giving coroners authority to select a more appropriate senior next of kin when the default heir is an abuser.
A three-year advocacy effort after the March 2023 death of Caitlin Thornton led to legislative reform in New South Wales. Thornton, who died on International Women’s Day, could not be buried for nearly seven weeks because her alleged abuser was automatically designated as senior next of kin under existing law. Her mother, Kylie Bailey, pressed for change, gathering almost 70,000 petition signatures.
The state government responded by amending the Coroners Act 2009, granting coroners the power to appoint a more suitable senior next of kin in cases of domestic abuse or family estrangement. Attorney-General Michael Daley said the measure will help resolve post-mortem disputes, while Minister for Women Jodie Harrison noted its importance after a series of domestic-violence homicides. The reform also acknowledges broader cultural kinship arrangements, such as those of Indigenous communities, aiming to protect grieving families from further trauma.
Why it matters
It ensures victims' families aren't forced to work with abusive relatives during burial, improving dignity and safety after domestic-violence deaths.
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