Burial and Cremation Act 2022
13Determination of senior next of kin
Start here
Get a plain-English read of 13
Turn the raw legal text into a practical explanation grounded in Burial and Cremation Act 2022.
13 Determination of senior next of kin (1) If there is a dispute regarding who is the senior next of kin for a deceased person, a next of kin may: (a) request the other parties to the dispute to engage in mediation in accordance with section 12(1) to resolve the dispute; or (b) apply to NTCAT for a determination of the senior next of kin for the deceased person. (2) NTCAT must consider the following in determining the senior next of kin: (a) the order of people mentioned in section 11(1); (b) if 2 or more people have equal status as the senior next of kin because of their standing under section 11(1)(a), (f) or (h) – whether any of those people would provide to NTCAT an undertaking that they will organise and pay any relevant cost for the burial or disposal of the deceased person; (c) if 2 or more people have equal status as the senior next of kin because of their standing under section 11(1)(f) or (h) – the nature of the relationship of each of those people to the deceased person immediately before death. (3) NTCAT, after determining who is the senior next of kin for a deceased person, may: (a) order that the person is the senior next of kin for the deceased person; and (b) make any other order NTCAT considers appropriate. (4) Section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply to a decision of NTCAT under this section.