At a glance…
- Content warning: This article touches on the topics of suicide, domestic violence and coercive control, which may be triggering for some readers. Help is available.
- Under current NSW laws, when a person dies without a will, their spouse or de facto partner is automatically granted senior next-of-kin rights.
- Caitlin’s Law aims to empower coroners, police, or the courts to suspend or bypass a partner’s automatic next-of-kin rights in cases involving domestic violence, abuse allegations, or estrangement, prioritising safe family members instead.
- The campaign for Caitlin’s Law was started by Kylie Bailey in honour of her 21-year-old daughter, Caitlin Rose Thornton, who died in March 2023.
- On Tuesday, 22 September 2026, NSW Attorney General Michael Daley said changes “couldn’t wait.”
I am not married. When I moved to Australia, my partner and I started the process of me becoming a dependent on his visa as his de facto partner. A year later, we were legally tied. Afterwards, we teased each other, Oh, if you die, I get all your stuff”, which is true now. It’s also true that if something happens to one of us, the other also gets senior next-of-kin rights. This isn’t usually considered an issue, unless there’s a circumstance of domestic violence or coercive control.
Currently, in NSW, if you die without a will and you’re in a de facto relationship or are married, your partner becomes your senior next of kin. So, if I die, my partner organises everything from funerary arrangements to personal belongings and finances. My mother, back in Ireland, has no say – unless she involves the courts.
So, what if my partner didn’t get along with my family? What if my partner was violent or abusive or controlling? Sadly, too many families are grappling with the consequences of the current situation, which is why one woman is trying to change it.
Who is Caitlin Rose Thornton?
Caitlin Rose Thornton was just 21 when she died by suicide on International Women’s Day 2023. She reportedly took her own life after ending her relationship. Caitlin was a loving mum to two sons and a beloved daughter to Kylie Bailey. But at the time of her death, her former partner became her next-of-kin, sidelining Caitlin’s family.
“I couldn’t even bury my daughter, and, even in death, she was still under the control of someone,” Kylie wrote in an email update.
What is Caitlin’s Law?
Kylie and her family are petitioning the NSW Government to enact “Caitlin’s Law”. This new law would allow the courts, police or Coroner to temporarily or permanently suspend next-of-kin rights of spouses or partners in cases where domestic violence or abuse concerns exist. Instead, the rights would revert to family members. Again, Caitlin’s Law would only be enacted in scenarios where there are concerns of abuse. If there are no concerns, there would be no suspension of rights for partners or spouses.
In her Change.org petition, Kylie writes:
“I can’t bring my daughter back. But I can fight so other families never face what we did.”
Her Change.org petition already has over 62,000 signatures. Many survivors of domestic violence and abuse have shared their stories and support.
“As a DV survivor myself, I can’t stress enough how important this petition is,” Michaela in Brisbane wrote. “I almost lost my life to a partner in my early 20s, and this could have very easily been my own family’s devastating reality… We need this petition to better protect victims and their families. I hope for justice and a system that prioritises safety, and finally offers real support.”
Kylie brings her petition to the Government
On 30 April 2026, Kylie shared an update. She met with The Hon. Natasha Maclaren-Jones MLC, the Shadow Minister for the Prevention of Domestic Violence and Sexual Assault. She also has a meeting with Hon. Jodie Harrison, who is the current Minister for Seniors, Minister for Women, and the Minister for the Prevention of Domestic Violence and Domestic Assault.
Kylie delivered the petition to Caitlin’s Law to Parliament House alongside Emma Hurst MP, ahead of the scheduled meeting with Jodie Harrison.
“This is progress — but we are not there yet.”
Kylie went on A Current Affair to share her daughter’s story and her petition for Caitlin’s Law. NSW Attorney General Michael Daley’s office gave a statement to the show.
“This is a distressing situation for Caitlin’s family.
A statutory review of the Coroners Act has made several recommendations about how next of kin are appointed, which the Attorney General is considering closely.
This includes giving the Coroner more flexibility to appoint an alternative senior next of kin if the default next of kin is not appropriate.”
Caitlin’s Law is being brought to Parliament
On Tuesday 22 September 2026, Kylie held a press conference with the NSW Attorney General Michael Daly announcing Caitlin’s Law as part of a myriad of reforms in the coronial process and the Coroners Act 200. It will be introduced to Parliament on Thursday, 24 September.
“The Government has listened to genuine concerns raised by families about senior next of kin appointments and we are acting,” AG Michael Daly said at the press conference. “In particular, I want to thank Kylie Bailey and Nicole Barry for their powerful advocacy and express my sincere condolences for the deaths of their loved ones.”
Nicole Barry has been campaigning for reform since her sister, Megan Best, died at 38 years of age in 2025. Her ex-partner became her next of kin.
“The man that caused her so much pain and suffering in the lead-up to her death was the one that was responsible for what was going to happen to her,” Nicole said.
The reforms will also recognise extended family or “kinship structures” that would apply to cultures like Aboriginal and Torres Strait Islander communities.
“These are commonsense reforms that grieving families have called for,” said Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison. “Thank you to Kylie Bailey for her strong advocacy. This is another way this government is closing gaps in the law to strengthen protections for victim-survivors and their families.”
Kylie shared her gratitude online following the press conference:
I am only one mum, but today I stand for so many,” she wrote in her post. “To every person who signed, shared, spoke up and stood beside me — this belongs to you too.”
She also paid tribute to her daughter:
To my beautiful Caitlin Rose Thornton.
I couldn’t save you.
I couldn’t bring you home.But I promised I would fight for you.
Your life mattered.
Your story mattered.
And your name will never be forgotten.Today, my darling girl, I give you Caitlin’s Law.
May your name now protect others in the way I wish I could have protected you.
Sign the petition to make Caitlin’s Law a reality here.
If you or someone you know has been affected by any of the issues raised in this article, help is always available. Call 1800 RESPECT on 1800 737 732 or visit their website.
Other resources:
- Need to Know
- DVConnect Womensline: 1800 811 811
- Mensline Australia: 1300 789 978
- Lifeline: 131 113
- 13YARN: 13 92 76
- Kids Helpline: 1800 551 800
- National Violence and Abuse Trauma Counselling and Recovery Service: 1800 FULLSTOP (1800 385 578).
- Rainbow Sexual, Domestic and Family Violence Helpline: 1800 497 212
- Don’t Become That Man helpline: 1300 243 413
- innerBoy app – innerboy.au
