Information for next of kin
Who is a Next of Kin?
As part of the coronial process, the law has granted the next of kin, certain legal rights. These rights are connected with seeing and touching the body of a deceased person, while the body is under the control of the coroner.
One person, who fits within the category of next of kin, is appointed the senior next of kin. The senior next of kin has all the rights of all of the next of kin, plus some additional legal rights unique to the senior next of kin.
The law defines who is a next of kin.
Under the law, a person is considered a next of kin if they are:
- A person who immediately before death was living with the person and was legally married to the person.
- A person who immediately before death was living with the person and was of or over the age of 18 years and in a marriage-like relationship (whether the persons are different sexes or the same sex) with the person.
- A person who immediately before death was legally married to the person.
- A son or daughter who is of or over the age of 18 years, of the person.
- A parent of the person.
- A brother or sister, who is of or over the age of 18 years, of the person.
- An executor named in the will of the person or a person who, immediately before the death was a personal representative of the person.
- Any person nominated by the person to be contacted in an emergency.
If you consider you are a next of kin and wish to see or touch the body of the deceased, please contact the Coroner’s Court on 08 9425 2900 or by email at coroner@justice.wa.gov.au.
Who is the Coroner?
The Coroner is a judicial officer who must be informed when a reportable death occurs. This includes when a person dies in circumstances which are unexpected, unnatural, violent or resulting from injury, or when the person was held in care.
Once a report of death is received, usually from police, doctors or hospital authorities, the Coroner has legal control over the body of the deceased person, and must establish:
- The circumstances surrounding the death;
- How the death occurred;
- The cause of death;
- The particulars needed to register the death.
What is a post mortem examination?
A post mortem is the method for determining (if possible) and recording the cause of death.
It involves an external and/or internal examination of the deceased person, and it is likely to be performed on the body.
Some tissue and blood samples are usually retained for laboratory analysis.
If a coroner reasonably believes that it is necessary for an investigation of a death, the coroner may direct a pathologist or a doctor to perform a post mortem examination on the body.
Any person may ask the coroner to direct that a post mortem examination be performed on the body.
Only the senior next of kin may object to an internal post mortem examination.
If the senior next of kin wishes to object, they should first phone the Coroner's Court on 08 9425 2900 during office hours or the Western Australia Police Force Coronial Investigation Squad after hours on 08 9267 5700.
The senior next of kin may request that a doctor of their choice be present at the examination.
The pathologist or doctor performing the post mortem examination may cause tissue to be removed from the body in accordance with the written permission of the deceased. If tissue is removed in these circumstances, any next of kin has a right to view the written permission.
After the post mortem, care is taken to return the body as close as possible to its original condition.
In most cases, the body is released for burial or cremation immediately after the examination.
Can I see the deceased?
Any of the deceased person's next of kin may view the body.
Arrangements will be made for the deceased person to be taken to a mortuary where they may be viewed.
The body may be touched unless the Coroner determines it is undesirable or dangerous.
In Perth, arrangements can be made by contacting the State Mortuary on 08 6383 4884 or after hours on 08 6457 2536.
In country areas, contact the local police station or the Coroner's Court on 08 9425 2900.
Coronial Counselling and Information Service
The Coroner's Court of Western Australia (Coroner's Court) offers a service that assists with initial counselling and providing information about the coronial process.
Staff in the Coronial Counselling and Information Service can assist with:
- Helping you understand the role of the Coroner;
- Explaining the coronial process, including what happens when you object to an internal post mortem examination; and
- Referrals to services for grief and loss counselling.
Please call the Coroner’s Court during office hours and ask to speak with a Coronial Counselling and Information Officer.
Last updated: 2 December 2024