Damon Mcknight
Suicide and attempted suicide were originally crimes in Australia, but they are no longer offences in any of the country's states or territories. However, assisting or encouraging suicide is illegal in all Australian states and territories. In Victoria, Australia, suicide-related offences are contained in section 6B of the Crimes Act 1958, which states that it is not a crime for a person to commit or attempt suicide. Victoria was the first state in Australia to legalise voluntary assisted dying (VAD), also known as euthanasia, which came into effect on 19 June 2019.
| Characteristics | Values |
|---|---|
| Suicide illegal in Victoria, Australia | No |
| Suicide attempt illegal in Victoria, Australia | No |
| Suicide assistance illegal in Victoria, Australia | Yes |
| Suicide counselling illegal in Victoria, Australia | Yes |
| Suicide abetment illegal in Victoria, Australia | Yes |
| Suicide pact survivor guilty of murder in Victoria, Australia | No |
| Suicide pact survivor guilty of manslaughter in Victoria, Australia | Yes |
| Suicide-related material possession illegal in Victoria, Australia | Yes |
| Voluntary assisted dying (VAD) legal in Victoria, Australia | Yes |
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What You'll Learn
Suicide is not a crime in Victoria, Australia
Suicide and attempted suicide were originally crimes in Australia, but they are no longer offences in any of its states or territories, including Victoria. However, assisting or encouraging suicide remains illegal in all Australian states and territories, including Victoria.
In Victoria, offences relating to suicide are outlined in section 6B of the Crimes Act 1958. While suicide is not a crime in Victoria, the state does have laws in place regarding assisted suicide, also known as voluntary assisted dying (VAD). Victoria became the first state in Australia to legalise VAD when the Voluntary Assisted Dying Act 2017 received royal assent on 5 December 2017 and came into effect on 19 June 2019.
To be eligible for VAD in Victoria, a person must meet several criteria. Firstly, they must be at least 18 years old, have lived in Victoria for at least 12 months, and have decision-making capacity. Additionally, they must be suffering from an incurable, advanced, and progressive disease, illness, or medical condition that causes intolerable suffering. The person must also be acting voluntarily and have made three separate requests for VAD, one of which must be in writing. Two doctors must agree that the person meets the conditions for VAD.
It is important to note that mental illness or disability are not grounds for accessing VAD in Victoria. However, people who meet all other criteria and have a disability or mental illness will not be denied access. The process of applying for VAD in Victoria can take several weeks, and individuals can change their minds at any time during this process.
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Assisted suicide is legal in Victoria, Australia
Suicide and attempted suicide were originally crimes in Australia, but they are no longer illegal. 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 states. For instance, in New South Wales, a person who aids or abets another's suicide can face up to 10 years in prison. In Victoria, a survivor of a suicide pact will be found guilty of manslaughter, not murder.
In contrast to these laws, Victoria became the first state in Australia to pass an Assisted Dying Act in 2017, which came into force in 2019. This Act, also known as the Voluntary Assisted Dying Act, allows eligible Victorians at the end of their lives to request assistance in dying. The eligibility criteria include being at least 18 years old, having decision-making capacity, and suffering from an advanced, incurable, and progressive disease or condition causing intolerable suffering. The process is tightly regulated, requiring approval from two qualified medical practitioners.
The Victorian law has prompted discussions about improving access to assisted dying and reducing the time to obtain permits. There is also a ban on non-Australian citizens accessing assisted dying services, which has led to controversial cases. The review of the Act has resulted in proposals to extend the eligibility criteria and improve accessibility.
The palliative care community in Australia has expressed growing approval of assisted dying practices. Families and medical practitioners have reported high satisfaction with the process, acknowledging that palliative care cannot always alleviate suffering. The independent review of the Act concluded that assisted dying is a "safe and compassionate end-of-life choice" for eligible Victorians.
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Victoria's voluntary assisted dying scheme
Suicide and attempted suicide were originally crimes, but are no longer offences in Australia, including in Victoria. However, assisting or encouraging suicide is illegal in all Australian states and territories.
Victoria permits assisted dying and was the first state to legislate for voluntary assisted dying (VAD). The law received royal assent on 5 December 2017 and came into effect on 19 June 2019.
To access Victoria's voluntary assisted dying scheme, a person must meet the following eligibility criteria:
- Be at least 18 years of age
- Have decision-making capacity
- Be acting voluntarily
- Be suffering from an incurable, advanced, and progressive disease, illness, or medical condition that will lead to death within six months (or 12 months for neurodegenerative disorders)
- Be experiencing intolerable suffering due to the condition
- Be an Australian citizen or have resided in the country for at least three continuous years, including 12 months in Tasmania immediately before the first request
The process for accessing voluntary assisted dying in Victoria involves making three separate requests with progressively more stringent checks and balances. The first step is to contact the Statewide Care Navigator Service or a doctor to assess eligibility. If eligible, the next step is to make a formal request, which requires two witnesses. Once all conditions are met, the coordinating medical practitioner will seek approval from the Health Department for a permit to obtain the required medication.
Doctors involved with Victoria's voluntary assisted dying scheme have expressed concerns about access, particularly regarding the layers of approval required and the mandatory online system for submitting forms, which has led to delays in patients accessing the scheme.
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Suicide-related offences in Victoria, Australia
Suicide and attempted suicide were originally crimes, but are no longer offences in Australia, including in Victoria. However, there are offences relating to assisting or counselling someone else to commit suicide in every state and territory. Suicide-related offences in Victoria, Australia, are contained in section 6B of the Crimes Act 1958.
In Victoria, a person who survives a suicide pact and is responsible for causing the death of the other party will be found guilty of manslaughter and not murder. A person who aids, abets, procures, counsels, commands, or incites another person to commit suicide or attempted suicide is liable under the law. The offence is punishable by up to five years of imprisonment.
In the context of assisted suicide, Victoria became the first state to legislate for voluntary assisted dying (VAD) in 2017, with the law coming into effect on 19 June 2019. To access VAD in Victoria, a person must meet specific eligibility criteria, including being at least 18 years old, having decision-making capacity, acting voluntarily, and suffering from an incurable, advanced, and progressive disease, illness, or medical condition. The process involves making three separate requests, each with increasingly stringent checks and balances.
It is important to note that the implementation of VAD legislation in Victoria presented challenges, such as ensuring eligible individuals had access while restricting access to those who did not meet the criteria. Additionally, managing doctors with conscientious objections and translating the legislation into appropriate clinical practice were also identified as complexities.
While suicide is not illegal in Victoria, Australia, suicide-related offences revolve around aiding or abetting another person's suicide attempt, with penalties in place to address these actions.
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Suicide pacts in Victoria, Australia
Suicide and attempted suicide were originally crimes but are now legal in Australia. However, assisting or encouraging someone to commit or attempt suicide is illegal in all Australian states and territories. Suicide pacts, defined as an agreement between two or more people with the goal of death for all involved, are a partial defence to murder in Victoria, Australia.
If a person survives a suicide pact and is responsible for causing the death of another party, they will be found guilty of manslaughter and not murder. This is outlined in section 6B of the Crimes Act 1958 (Vic). The partial defence of a suicide pact may be used if the accused can prove the existence of an actual suicide pact, and that they caused the death of the other party as a result of this pact. The accused must also prove that they had the intention of dying pursuant to the agreement.
If the defence of a suicide pact is not established, the accused will be found guilty of murder. The existence of a suicide pact does not affect the liability of a person who was a party to the homicide but not to the suicide pact. This means that if an individual, knowing another person is a party to a suicide pact, kills them, but the accused was not a party to the agreement, they will still be liable for murder.
The partial defence of suicide pacts is a difficult defence to raise and prove in court, and it requires professional consideration. The maximum sentence for manslaughter by suicide pact is 10 years' imprisonment, compared to 25 years for other manslaughter charges.
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Frequently asked questions
Suicide is not illegal in Victoria, Australia, or anywhere else in the country. However, assisting or encouraging suicide is illegal in all Australian states and territories.
In Victoria, a person who survives a suicide pact and is responsible for causing the death of the other party will be found guilty of manslaughter and not murder.
A person must ask their doctor three times if they want voluntary assisted dying, one of which must be in writing. Two doctors must agree that the person meets the conditions for voluntary assisted dying. The person can change their mind at any time during the process.
The person must be over 18, have lived in Victoria for at least 12 months, have decision-making capacity, and be suffering from an incurable, advanced, and progressive disease, illness, or medical condition that is causing intolerable suffering.
