(1)  Subject to subsection (4) , a person is the senior next of kin in relation to a deceased person, including the cremated remains of the deceased person, for the purposes of this Act, if –

(a) the person is the executor or administrator of the estate of the deceased person, if the administration of the estate is not complete; or

(b) if there is no person within paragraph (a) in respect of the deceased person – the person was the spouse of the deceased person immediately before the death of the deceased person; or

(c) if there is no person within paragraph (a) or (b) in respect of the deceased person – the person is the deceased person’s eldest available child, within the meaning of section 3(13) of the Evidence Act 2001 , if that child has attained the age of 18 years; or

(d) if there is no person within paragraph (a) , (b) or (c) in respect of the deceased person – the person was in a caring relationship, within the meaning of the Relationships Act 2003 , with the deceased person immediately before the death of the deceased person; or

(e) if there is no person within paragraph (a) , (b) , (c) or (d) in respect of the deceased person – the person is a parent of the deceased person; or

(f) if there is no person within paragraph (a) , (b) , (c) , (d) or (e) in respect of the deceased person – the person is the eldest available sibling of the deceased person, if that sibling has attained the age of 18 years; or

(g) if there is no person within paragraph (a) , (b) , (c) , (d) , (e) or (f) in respect of the deceased person – the person is the personal representative of the deceased person; or

(h) if –

(i) there is no person within paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) in respect of the deceased person; and

(ii) the deceased person is an Aboriginal person within the meaning of the Aboriginal Lands Act 1995  –

the person is a person who is an appropriate person according to the customs and traditions of the community or group to which the deceased person belonged; or

(i) if there is no person within paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) or (h) in respect of the deceased person – the person is a person approved under subsection (3) as the senior next of kin of the deceased person.

(2)  For the purposes of subsection (1) or (3) , there is no person within the paragraph in respect of a deceased person, or a person referred to in the paragraph is not available, if the person referred to in that paragraph –

(a) is unable to be contacted after all reasonable steps to contact the person have been taken; or

(b) has declined to act as the senior next of kin of the deceased person; or

(c) is, in the opinion of a medical practitioner, unable to perform adequately, or competently, the duties of senior next of kin.

(3)  For the purposes of subsection (1)(i) , the regulator may approve, by notice in writing to a person, that person as the senior next of kin of the deceased person.

(4)  Despite subsection (1) , a reference to senior next of kin in respect of human remains, or cremated remains, of a person who is not yet deceased is taken to be a reference to the person if the person has legal capacity.