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Cruel loophole for families of dead DV victims to close

A loophole regarding a state's next of kin laws is set to be closed under pending reforms. (Matt Turner/AAP PHOTOS)

The abuse of a young woman who was assaulted by her partner continued even after her premature death.

Caitlin Thornton, 21, was prevented from being buried for six weeks because her perpetrator was also her next of kin.

She died on International Woman's Day on March 8, 2023, from alleged self-harm after years of coercive control by her alleged abuser, who was charged with assault and domestic violence.

Kylie Bailey recounts how her daughter's abuse led her to fight for changes to a state's law. (Farid Farid/AAP VIDEO)

Spearheading a three-year campaign since her death with a petition garnering nearly 70,000 signatures, Ms Thornton's mother Kylie Bailey called on the government to give coroners a say in picking the most appropriate next of kin.

"It is full of trauma and grief when your own child's abuser is the senior next of kin to your child," she told reporters.

"We couldn't bury our child for nearly seven weeks because we were in a fight with the abuser personally and because the coroner had no say in who was eligible to bury our child."

Under current NSW legislation, the hierarchy of rights prioritises a spouse or partner over children, parents and siblings when someone passes

But reforms introduced in parliament on Tuesday will allow for a more suitable next of kin to be determined by the state coroner. 

kin
Michael Daley says the change will help prevent or resolve disputes after someone has died. (Bianca De Marchi/AAP PHOTOS)

The amendment to the Coroners Act 2009 allows coroners the discretion and flexibility to determine the most appropriate senior next of kin. 

The change will help prevent or resolve disputes after someone has died, especially in cases of domestic violence or even estrangement from families, Attorney-General Michael Daley said.

"It's a very important role they (senior next of kin) play at the worst time of a family's life," he said.

Coroners will also recognise extended familial or kinship structures among different cultures such as Indigenous communities.

The reforms, coming days after a spate of domestic violence-related murders across NSW, were an important step to preserve some dignity for victims, Minister for Women Jodie Harrison said.

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Jodie Harrison describes the reforms as an important step to preserve some dignity for victims. (Dan Himbrechts/AAP PHOTOS)

The number of women and children killed annually in domestic homicides in NSW has ranged from 19 to 26 from 2017 to 2025, according to figures released in July by the NSW Bureau of Crime Statistics and Research.

Ms Bailey argued the crucial amendments would help thousands of families when their grief is at an all-time high.

"This isn't just me that's standing here in front of you as one mum for one child - I'm representing many," she said.

"There are many families out there that have experienced this - and not just with domestic violence as a result."

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