After section 3 of the Principal Act , the following section is inserted in Part 1:

3A.   Meaning of senior next of kin

For the purposes of this Act, the senior next of kin of a deceased person is –

(a) if a person was, immediately before the death of the deceased person, the only spouse of that deceased person, that spouse; or

(b) if the deceased person, at the time of his or her death, is survived by more than one person who would qualify as the deceased person's spouse, the last person to so qualify; or

(c) if the deceased person, at the time of his or her death, is survived by more than one person who would qualify as the deceased person's spouse and the spouse referred to in paragraph (b) is not available, another spouse of the deceased person if that spouse has the approval of the spouse referred to in paragraph (b) ; or

(d) if the person referred to in paragraph (a) , (b) or (c) is not available, a son or daughter of the deceased person if the son or daughter has attained the age of 18 years; or

(e) if the person referred to in paragraph (a) , (b) , (c) or (d) is not available, the person with whom the deceased person had a caring relationship, at the time of his or her death, which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 ; or

(f) if the person referred to in paragraph (a) , (b) , (c) , (d) or (e) is not available, a parent of the deceased person; or

(g) if the person referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) is not available, a brother or sister of the deceased person if the brother or sister has attained the age of 18 years; or

(h) if the person referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) is not available, an executor named in the will of the deceased person or a person who, immediately before the death, was a personal representative of the deceased person; or

(i) if the deceased person is an Aboriginal person, a person who, according to the customs and tradition of the community or group to which the person belongs, is an appropriate person.