A national crisis requires more than just ‘close consideration’

1 week ago 3

February 26, 2026 — 7:30pm

Caitlin Thornton and Alex Passfield had a history of domestic violence throughout their three-year on-again, off-again relationship, but her suicide gave him full control.

When she died without signing a will, Passfield became her legal next of kin.

He was granted control over her bank accounts and her remains. And for five weeks in 2023, her family claim he refused to release her body, preventing her family from holding a funeral.

Under current legislation, the hierarchy of rights prioritises a spouse or partner over children, parents and siblings.

But Thornton’s death exposes a NSW legal system that inflicts hurt despite authorities being alerted to pitfalls: a December 2023 review into the Coroners Act recommended coroners be able to appoint a next of kin where they consider the statutory senior next of kin not appropriate.

Kylie Bailey is campaigning to stop abusers from becoming next of kin. Steven Siewert

Thornton’s mother, Kylie Bailey, is spearheading a change.org petition campaign calling for police, courts or the coroner to have the power to suspend next-of-kin rights in cases in which domestic violence is alleged.

Passfield was facing serious assault charges for allegedly attacking Thornton four months earlier. Those charges were subsequently dropped. The coroner ruled Thornton’s death a suicide and Passfield was not responsible for her death.

He is serving a two-year sentence for domestic violence assault and stalking relating to a separate former partner.

Domestic violence was an elephant in the room until 2014, when Rosie Batty’s 11-year-old son, Luke Batty, was murdered by his father. She was named Australian of the Year, a watershed moment for the long-buried social problem.

Governments suddenly took notice, and a decade later, Prime Minister Anthony Albanese called it a “national crisis” and committed to ending domestic and sexual violence in a generation.

But state governments are responsible for the delivery of services on domestic violence.

The Minns government has increased funding and closed legal loopholes, yet spending in NSW lags way behind Victoria, despite our state once again recording the highest number of women killed in a domestic violence context nationally in 2025.

Data released this month by Domestic Violence NSW revealed specialist domestic and family violence services across the state were collapsing under their own weight, with two in three victim-survivors – mostly mothers with children – unable to be assigned a caseworker, leaving many to face escalating danger alone.

DVNSW chief executive Delia Donovan said goodwill was not a funding model. “It’s exploitation ... we live in one of the wealthiest and most well-resourced states in the country, yet women and children are being forced back into violence because we can’t commit just 0.1 per cent of the state budget to the services that save their lives,” she said.

When the Herald’s Amber Schultz contacted the office of Attorney-General Michael Daley about the petition, a spokesman said the Coroners Act statutory review was being “considered closely”.

But the Minns government has been sitting on its hands for some two years already. Giving a coroner the power to decide the appropriate next of kin is not too much to ask.

If you or anyone you know needs support, call Lifeline on 131 114, beyondblue on 1800 512 348, Kids Helpline on 1800 55 1800, or the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732).

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