Lyla Lindsey
Assisted suicide and euthanasia are highly controversial topics that have been subject to intense legal scrutiny in Australia. While suicide and attempted suicide were originally crimes, they are now legal in Australia. However, assisting or encouraging another person to commit suicide is illegal in all Australian states and territories, even if the person requested assistance and regardless of who provides aid. This has created a legal grey area, with ongoing debate surrounding the definition of suicide in federal criminal codes and its applicability to state-based assisted dying legislation.
| Characteristics | Values |
|---|---|
| Assisted suicide legal status in Australia | Assisted suicide is illegal in Australia |
| Suicide and attempted suicide legal status in Australia | Suicide and attempted suicide are not criminal offences in Australia |
| Voluntary assisted dying laws in Australia | Voluntary assisted dying laws are operating in each of Australia's six states: Victoria, Western Australia, Tasmania, South Australia, Queensland, and New South Wales. |
| Voluntary assisted dying laws in the Australian Capital Territory | A voluntary assisted dying law will come into effect in the Australian Capital Territory on 3 November 2025 |
| Voluntary assisted dying laws in the Northern Territory | Voluntary assisted dying is currently unlawful in the Northern Territory |
| Federal law on euthanasia in Australia | The Federal Parliament has the power to override any law passed by a territory parliament. In 1997, the Federal Parliament passed the Euthanasia Laws Act 1997, preventing the Northern Territory Parliament and Australian Capital Territory Legislative Assembly from legislating to allow euthanasia or assisted suicide. |
| Prosecutions for assisted suicide in Australia | Prosecutions for assisted suicide were rare in Australia prior to the legalization of voluntary assisted dying laws. |
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What You'll Learn
Assisted suicide is illegal in Australia's Northern Territory
Assisted suicide, also known as voluntary assisted dying (VAD), is currently illegal in Australia's Northern Territory. While suicide and attempted suicide were originally crimes, they are now legal in Australia. However, assisting or encouraging another person to commit suicide is considered illegal in all Australian states and territories. This includes aiding, abetting, procuring, counselling, commanding, or inciting suicide.
In the Northern Territory, a person who assists another in dying, such as a doctor or family member, may face charges of murder, manslaughter, or assisting suicide. This territory was actually the first jurisdiction in the world to legalize doctor-assisted suicide for terminally ill patients in 1995. However, the Australian Parliament overturned this law in 1997, after only four people had been helped to die.
The Federal Parliament passed the Euthanasia Laws Act 1997, which amended the Northern Territory (Self-Government) Act 1978 and the Australian Capital Territory (Self-Government) Act 1988. These amendments explicitly prevented the Northern Territory Parliament and the Australian Capital Territory Legislative Assembly from legalizing euthanasia or assisted suicide. This action by the Federal Parliament demonstrated its authority to override any law passed by a territory parliament, as outlined in Section 122 of the Constitution of Australia.
It is important to note that while assisted suicide remains illegal in the Northern Territory, individuals still have the right to refuse medical treatment, including life-sustaining treatment for terminal illnesses. Advance care planning is also available, allowing individuals to make decisions about their future medical care should they become incapable of consent.
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Assisted dying is legal in six Australian states
Assisted dying, also known as voluntary assisted dying (VAD), is currently legal in six Australian states. These states are Victoria, Western Australia, Tasmania, South Australia, Queensland, and New South Wales. Each state has its own eligibility criteria for VAD, and the process is only available in limited circumstances. For example, in Victoria, the Voluntary Assisted Dying Act 2017 provides access to VAD for those who meet specific requirements.
The laws regarding euthanasia and assisted suicide in Australia have evolved over time. While assisting or encouraging suicide was once illegal in all Australian states and territories, the laws have changed to allow eligible individuals access to assisted suicide and euthanasia schemes. This shift is reflected in the decriminalization of suicide and attempted suicide, which are no longer considered crimes in Australia.
Despite the progress made, there are still complexities and legal grey areas surrounding assisted dying in Australia. For instance, the federal Euthanasia Laws Act 1997 prevented the Northern Territory, the Australian Capital Territory, and Norfolk Island from legalizing euthanasia or assisted dying. This ban was in place until December 2022, and a new law will come into effect in the Australian Capital Territory on 3 November 2025.
It is important to note that while assisted dying is legal in the six states mentioned, there are strict rules and eligibility criteria that must be met. Additionally, the process may vary between states, and individuals should consult with their doctors or healthcare professionals for specific information regarding VAD in their state.
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Assisted suicide was briefly legal in the Northern Territory
The Northern Territory was the first jurisdiction in the world to legalise assisted dying in 1995 via a private member's bill. However, this law was overturned by the federal parliament two years later. In December 2022, the Australian Parliament passed the Restoring Territory Rights Bill 2022, restoring the territory's right to make laws about assisted dying. Despite this, the Northern Territory remains the only Australian jurisdiction without access to voluntary assisted dying.
In 2023, the Northern Territory Government assembled an Expert Advisory Panel to consider the legalisation of voluntary assisted dying in the territory. The panel recommended the development of a voluntary assisted dying scheme, but as of 2025, no legislation has been brought forward. The incumbent Labor government has committed to tabling an assisted dying bill in the next parliament, while the opposition Country Liberal Party (CLP) has not taken a clear stance on the issue.
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Australian Capital Territory will allow assisted dying from 2025
Assisted suicide and euthanasia were historically considered crimes in Australia. However, while suicide and attempted suicide have been decriminalised, assisting or encouraging suicide remains illegal in all Australian states and territories. This includes aiding, abetting, procuring, counselling, commanding, or inciting another person to commit suicide, even if requested and regardless of the relationship between the people involved. Such actions can result in charges of murder or manslaughter.
In recent years, there has been a push for the legalisation of voluntary assisted dying (VAD) in Australia. As of June 2024, all states and the Australian Capital Territory (ACT) have passed legislation creating a VAD scheme for eligible individuals. The laws refer to the practice as "voluntary assisted dying" to differentiate it from suicide. VAD schemes are currently in effect in Victoria, Western Australia, Tasmania, Queensland, South Australia, and New South Wales.
The ACT will implement its VAD scheme on 3 November 2025, following the passing of the Voluntary Assisted Dying Act 2024 by the ACT Parliament on 5 June 2024. This legislation provides for and regulates access to VAD for individuals with advanced, progressive illnesses expected to cause death and those whose functioning and quality of life are declining irreversibly.
The legalisation of VAD in the ACT marks a significant shift in Australia's approach to end-of-life choices. It is worth noting that VAD remains illegal in the Northern Territory, where assisting another person to die may result in criminal charges.
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Assisted suicide is illegal for medical professionals
Assisted suicide and euthanasia are illegal in Australia. While it is not a criminal offence for a person to take their own life, assisting or encouraging another person to commit suicide is illegal in all Australian states and territories. This includes aiding, abetting, procuring, counselling, commanding, or inciting suicide. The law applies to both medical professionals and individuals, such as friends or family members.
The legality of assisted suicide in Australia has been a subject of debate and has undergone changes over the years. In 1995, the Northern Territory became the first jurisdiction in the world to legalise doctor-assisted suicide for terminally ill patients. However, in 1997, the Federal Parliament overturned this decision and passed the Euthanasia Laws Act, preventing the Northern Territory and the Australian Capital Territory (ACT) from legislating in favour of euthanasia or assisted suicide.
Despite the federal prohibition, several Australian states have since passed their own legislation creating assisted suicide and euthanasia schemes. As of 2024, all states except the Northern Territory have legalised voluntary assisted dying or euthanasia for eligible individuals. These laws typically refer to the practice as "voluntary assisted dying" (VAD) and set specific eligibility criteria and safeguards.
It is important to note that while assisted suicide and euthanasia may be legal in certain states, it is still illegal for medical professionals to actively end a patient's life. Omission to provide life-sustaining medical treatment is lawful in Australia, as long as the patient has the mental capacity to consent. However, intentionally causing the death of another person, even at their request, is considered murder.
Medical professionals play a crucial role in the voluntary assisted dying process. In states where VAD is legal, doctors are expected to discuss the option with their patients in person and ensure they meet the eligibility criteria. They may also be involved in assessing the patient's decision-making capacity and determining if they are acting without coercion. While doctors cannot directly assist in ending a life, they can provide information and support to patients considering voluntary assisted dying.
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Frequently asked questions
Assisted suicide is illegal in Australia. However, as of June 2024, all states and the Australian Capital Territory have passed legislation creating an assisted suicide scheme for eligible individuals. These laws refer to the practice as "voluntary assisted dying".
Assisted dying or voluntary assisted dying is not considered suicide in Australia. Suicide and attempted suicide were originally crimes, but are now legal in Australia. However, assisting or encouraging suicide is illegal in all Australian states and territories.
The eligibility criteria for voluntary assisted dying vary by state in Australia. In Queensland, for example, an individual must be suffering from an advanced, progressive, and terminal disease or medical condition that is expected to cause death within a year. They must also have decision-making capacity and proceed without coercion.
Assisted suicide became legal in Australia in 1995 when the Northern Territory became the first jurisdiction in the world to legalize doctor-assisted suicide for terminally ill patients. However, the Australian Parliament overturned that law in 1997. In June 2019, Victoria became the first state to legalize assisted suicide again.
Yes, assisting or encouraging suicide is illegal in Australia, even if the person requested assistance and regardless of whether the assistance is provided by a relative, friend, or medical professional. The offence may be considered murder or manslaughter depending on the circumstances.
