Lexi Webster
Suicide and attempted suicide were originally crimes in Australia, but are now legal. However, assisting or encouraging someone to commit suicide is illegal in all Australian states and territories. This includes aiding, abetting, procuring, counselling, commanding, or inciting another person to commit suicide. Suicide-related crimes can lead to imprisonment, with penalties varying across states. For example, in New South Wales, a person guilty of aiding or abetting suicide may face up to 10 years in prison. In South Australia, a person who aids, abets, or counsels another person to commit suicide or attempt suicide can be sentenced to up to 14 years in prison if suicide was committed and up to eight years if it was attempted. The Northern Territory has similar laws, with a maximum penalty of life imprisonment. Additionally, there are Commonwealth offences related to counselling suicide and suicide-related material, which apply Australia-wide.
| Characteristics | Values |
|---|---|
| Suicide and attempted suicide legal? | Yes |
| Suicide-related crimes leading to imprisonment? | Yes |
| Suicide-related crimes in New South Wales | Section 31C of the Crimes Act 1900 makes it an offence to aid or abet another person's suicide or attempted suicide, punishable by up to 10 years imprisonment |
| Suicide-related crimes in the Australian Capital Territory | Section 18 of the Crimes Act 1900 allows the use of reasonable force to prevent another person from killing themselves |
| Suicide-related crimes in Western Australia | Section 288 of the Criminal Code Act Compilation Act 1986, punishable by a maximum penalty of life imprisonment |
| Suicide-related crimes in South Australia | Section 13 of the Criminal Law Consolidation Act 1935, punishable by up to 14 years imprisonment if suicide was committed or up to 8 years if attempted |
| Suicide-related crimes in the Northern Territory | Section 162 of the Criminal Code Act 1983, punishable by a maximum penalty of imprisonment for life |
| Suicide-related crimes in Tasmania | Section 163 of the Criminal Code Act 1924, punishable by a maximum penalty of 21 years imprisonment |
| Commonwealth offences related to counselling suicide and suicide-related material | Criminal Code Act 1995, including using a carriage service for suicide-related communications or material |
| Voluntary Assisted Dying (VAD) | Legal in all states and the Australian Capital Territory as of June 2024, except the Northern Territory |
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What You'll Learn
Suicide and attempted suicide are not illegal in Australia
In addition to these state-based laws, there are also Commonwealth offences under the Criminal Code Act 1995 that relate to counselling suicide and distributing suicide-related material using a carriage service, which includes telephone and internet communications. These offences can result in significant fines and imprisonment.
The legal landscape surrounding suicide and euthanasia in Australia is complex and has evolved over time. While suicide itself is not illegal, assisting or encouraging another person's suicide is a serious criminal offence. This includes providing aid or counsel, as well as taking active steps to bring about another person's death, even if requested.
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 have passed legislation creating a VAD scheme for eligible individuals, although it is still unlawful in the Northern Territory. The legalisation of VAD has created a grey area in the interpretation of suicide-related laws, particularly in distinguishing VAD from suicide.
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Assisting or encouraging suicide is illegal
Suicide and attempted suicide are no longer criminal offences in Australia. However, assisting or encouraging suicide is illegal in all Australian states and territories. This includes aiding, abetting, procuring, counselling, commanding, or inciting another person to commit suicide. These offences can result in imprisonment, with maximum sentences varying across different states and territories.
In New South Wales, Section 31C of the Crimes Act 1900 makes it an offence to aid or abet another person's suicide or attempted suicide, punishable by up to 10 years imprisonment. Additionally, inciting or counselling another person to commit suicide carries a maximum penalty of 5 years imprisonment. Similarly, in South Australia, Section 13 of the Criminal Law Consolidation Act 1935 imposes penalties of up to 14 years imprisonment if suicide is committed and up to 8 years if attempted.
The Criminal Code Act 1983 in the Northern Territory and the Criminal Code Act 1924 in Tasmania have similar provisions, with maximum penalties of life imprisonment and 21 years imprisonment, respectively. The Commonwealth Criminal Code 1995 also addresses offences related to counselling suicide and distributing suicide-related material over the phone or internet, which can result in significant fines or imprisonment.
It is important to note that the law distinguishes between assisting suicide and voluntary assisted dying or euthanasia. While assisting suicide remains illegal, voluntary assisted dying schemes have been implemented in several Australian states, allowing eligible individuals to end their lives with medical assistance.
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Suicide pacts and their legal implications
Suicide and attempted suicide are no longer considered offences in Australia. However, there are legal implications for suicide pacts, which are agreements between two or more individuals to die by suicide. Suicide pacts are relatively rare, accounting for less than 1% of all suicides. They often involve married couples, romantic partners, family members, or friends, and are typically planned in advance.
In Australia, the legal consequences of suicide pacts can vary depending on the specific state or territory. In New South Wales, for example, a survivor of a suicide pact may not be guilty of murder but could be found guilty of an offence under section 31C of the Crimes Act 1900, which pertains to aiding or abetting another person's suicide or attempted suicide. This offence carries a maximum penalty of up to 10 years imprisonment. Similar provisions exist in other states, such as South Australia, where aiding or abetting suicide can result in up to 14 years imprisonment if suicide is committed and up to 8 years if attempted.
In certain cases, survivors of a suicide pact may face charges of manslaughter, particularly if they are deemed to have encouraged or assisted the other person's suicide. Manslaughter charges can also arise when an unlawful killing occurs without a clear intention to kill or when there are mitigating circumstances. In South Australia, if a person survives a suicide pact and is tried for murder, the jury may find them guilty of manslaughter instead.
The emergence of online platforms has also introduced new dimensions to suicide pacts, with the rise of cybersuicide pacts involving individuals who meet and connect over the internet. These online suicide pacts have legal implications, with the Online Safety Act empowering authorities to identify and penalize those who post harmful content related to suicide. Individuals can face fines of up to $111,000, while companies can be fined up to $555,000.
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The legality of euthanasia and assisted dying
Suicide and attempted suicide are no longer criminal offences in Australia. However, assisting or encouraging suicide is illegal in all Australian states and territories. This includes aiding, abetting, procuring, counselling, commanding, or inciting another person to commit suicide. The penalties for these offences vary across the country, ranging from fines to imprisonment.
In New South Wales, Section 31C of the Crimes Act 1900 makes it an offence to aid or abet another person's suicide or attempted suicide, punishable by up to 10 years in prison. Similarly, under Section 18 of the Crimes Act 1900 in the Australian Capital Territory, it is lawful to use reasonable force to prevent another person from committing suicide. In Western Australia, Section 288 of the Criminal Code Act Compilation Act 1986 criminalises assisting or encouraging suicide, with a maximum penalty of life imprisonment.
In South Australia, Section 13 of the Criminal Law Consolidation Act 1935 imposes penalties for assisting or counselling suicide, with up to 14 years' imprisonment if suicide is committed and up to eight years if attempted. The Northern Territory's Criminal Code Act 1983 and Tasmania's Criminal Code Act 1924 also criminalise assisting or encouraging suicide, with maximum penalties of life imprisonment and 21 years' imprisonment, respectively.
Commonwealth offences under the Criminal Code Act 1995 also address suicide-related crimes, including using carriage services to incite or counsel suicide or distribute suicide-related material. These offences can result in significant fines or imprisonment.
While suicide and attempted suicide are no longer illegal in Australia, the legality of euthanasia and assisted dying remains a complex and evolving issue. In June 2024, the Australian Capital Territory passed a bill to legalise voluntary assisted dying, which will come into effect in November 2025. However, voluntary euthanasia and assisted dying are currently unlawful in the Northern Territory.
Historically, euthanasia and assisted suicide were illegal in Australia, but prosecutions were rare. In recent years, there have been efforts to legalise voluntary assisted dying, with schemes implemented in Victoria, Western Australia, Tasmania, Queensland, South Australia, and New South Wales. The relationship between federal and state laws in this area has created a legal grey area, particularly regarding the definition of suicide in federal criminal codes and its applicability to state-based assisted dying legislation.
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Online suicide-related content and the law
Suicide and attempted suicide are not illegal in Australia. However, there are laws in place that criminalise suicide-related content online. These laws aim to prevent and remove such content and impose penalties on those who create or distribute it.
The Online Safety Act 2021 (Cth) was passed by the Australian Parliament on 23 June 2021 and came into effect on 23 January 2022. The Act empowers the eSafety Commissioner to identify individuals who post harmful content anonymously or under pseudonyms. The Commissioner can also compel platforms to remove such content, with the threat of civil sanctions. Individuals who post such content can be fined up to $111,000, while companies face fines of up to $555,000.
Additionally, the Commonwealth Criminal Code 1995 contains provisions related to suicide content shared over the phone or internet. Section 474.29A(1) makes it an offence to use a carriage service to incite or counsel suicide. Section 474.29A prohibits the use of a carriage service for suicide-related material. Section 474.29B addresses the possession, control, production, supply, or obtaining of suicide-related material for use through a carriage service, with penalties of up to 1000 penalty units.
It is important to note that assisting or counselling someone to commit suicide is illegal in Australia and can result in imprisonment of up to 10 years, even if suicide does not occur. This includes aiding, abetting, procuring, counselling, commanding, or inciting another person to take their own life. The maximum sentence varies across states and territories, with some imposing up to 14 years imprisonment.
In conclusion, while suicide and attempted suicide are not illegal in Australia, the creation and distribution of online content related to suicide are heavily regulated. The laws aim to prevent and remove harmful content, protect vulnerable individuals, and impose penalties on those who engage in such activities.
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Frequently asked questions
No, attempted suicide is not illegal in Australia. However, there are offences relating to assisting or counselling someone else to commit suicide.
In New South Wales, a person found guilty of aiding or abetting suicide may face up to 10 years imprisonment. Counselling someone to commit suicide is punishable by up to 5 years imprisonment or a maximum penalty of up to 2 years imprisonment or a $11,000 fine if dealt with in the Local Court.
In South Australia, a person who aids, abets, or counsels another person to commit suicide or attempt suicide is guilty of an offence. The maximum penalty for this offence is up to 14 years imprisonment if suicide was committed, up to 8 years imprisonment if attempted, and up to 5 years imprisonment if the offender was part of a suicide pact.
In the context of suicide pacts, if a person survives and is tried for murder, the jury must find them guilty of manslaughter and not murder. However, if a person is induced to enter a suicide pact by fraud, duress, or undue influence, the person who induced the pact will not be entitled to any mitigation of criminal liability or penalty.
Yes, there is a distinction between assisted dying and assisted suicide in Australia. Assisted dying, also known as voluntary assisted dying, is legal in some states and territories, including Victoria, Western Australia, Tasmania, Queensland, South Australia, New South Wales, and the Australian Capital Territory. However, it remains unlawful in the Northern Territory. Assisted suicide, on the other hand, refers to aiding or abetting another person's suicide and is illegal in all states and territories.
