Ruqayyah Snyder
Suicide is no longer considered a crime in many countries, but it remains illegal in about half of the countries worldwide. In Australia, suicide was decriminalized in 1983, and since then, it has been viewed as a tragic but not criminal act. However, assisting suicide and euthanasia are generally illegal in Australia, except in the states of Victoria and Western Australia, which have legalized voluntary assisted dying under specific conditions.
| Characteristics | Values |
|---|---|
| Suicide legality in Australia | Suicide itself is not illegal in Australia, but assisting suicide is a crime. |
| Assisted suicide legality | Assisted suicide is illegal in Australia, except in Victoria and Western Australia. |
| Suicide legality globally | About half the countries in the world no longer treat suicide as a crime, but the other half still do. |
| Assisted suicide legality globally | Assisted suicide is only currently legal in Belgium, Canada, Colombia, Luxembourg, The Netherlands, Switzerland, and a handful of US States. |
| Suicide by personal means legality globally | New Zealand, Norway, and the UK do not treat suicide by personal and unassisted means as a crime. |
| Suicide encouragement legality globally | In some jurisdictions, it is illegal to encourage suicide, but the classification of the crime and its punishment varies. In Romania, encouraging suicide is punishable by a maximum of 20 years in prison. |
| Suicide decriminalization | The UK, New Zealand, and NSW in Australia have abolished the crime of suicide. |
| Suicide criminalization reasoning | Suicide was considered a crime because, philosophically, it conflicts with man's natural inclination to love oneself and impinges upon "the province of God". |
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What You'll Learn
Assisted suicide is illegal in Australia
Historically, it was a crime to assist in euthanasia and suicide in Australia, although prosecutions were rare. In 1995, the Northern Territory became the first jurisdiction in the world to legalise doctor-assisted suicide for terminally ill patients. However, the Australian Parliament overturned this decision in 1997, passing the Euthanasia Laws Act 1997, which prevented the Northern Territory Parliament and the Australian Capital Territory Legislative Assembly from legislating to allow euthanasia or assisted suicide.
Since then, there have been several attempts to legalise assisted suicide in Australia, with 29 bills presented in Australian parliaments by November 2014. In June 2019, Victoria became the first state to legalise assisted suicide, with other states following suit, including Western Australia, Tasmania, Queensland, South Australia, and New South Wales. Despite these developments, the Northern Territory and the Australian Capital Territory are still barred from legislating on assisted suicide, although the latter is set to introduce a voluntary assisted dying scheme in November 2025.
While assisted suicide remains illegal in most of Australia, there is a legal grey area regarding the definition of suicide in the federal criminal code and its applicability to state-based assisted dying legislation. This grey area has led to legal disputes, with a Melbourne GP pursuing clarification from the Federal Court in 2023. The court ruled that the law prohibited telehealth consultations concerning assisted dying.
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Suicide is not a crime in some countries
In Western countries, suicide as a criminal act is largely a historical anomaly. For instance, the UK abolished the criminalization of suicide in 1961, and New Zealand has had no laws against personal and unassisted suicide since the 1961 Crimes Act. Similarly, suicide itself is not illegal in Romania; however, encouraging or facilitating another person's suicide is punishable by up to 20 years in prison. Norway also does not consider suicide or attempted suicide as illegal, but complicity is illegal.
In Australia, the distinction between suicide and voluntary euthanasia is primarily logistical. While suicide itself is not illegal, assisting suicide is generally a crime, although prosecutions are rare. As of 2020, Victoria and Western Australia are the only states that have legalized voluntary assisted dying. Other territories, such as the Australian Capital Territory (ACT), have advocated for the right to legalize euthanasia-related schemes.
The legalization of assisted dying is a highly controversial issue, and public opinion varies. While some express compassion for helping terminally ill individuals avoid prolonged suffering, others argue against it due to religious or ethical beliefs. The progress toward decriminalizing suicide and assisted suicide in Australia reflects a shift in societal perspectives on personal rights and social norms.
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Suicide was decriminalised in NSW in 1983
Suicide and attempted suicide were decriminalised in New South Wales (NSW), Australia, in 1983. The state amended its Crimes Act to abolish these crimes, marking a shift in how suicide was legally perceived. While previously considered a felony, suicide came to be viewed as a tragic, but not criminal, act. This change brought NSW in line with other Western countries that had already decriminalised suicide, such as the UK, which abolished it in 1961.
The decriminalisation of suicide in NSW reflected evolving societal attitudes and legal perspectives. Historically, the criminalisation of suicide had roots in religious and philosophical beliefs, with St. Thomas Aquinas arguing that suicide conflicted with man's natural inclination to love oneself and impinged upon "the province of God". Additionally, in 967, King Edgar of England enacted a law stating that the property of someone who died by suicide would be forfeited to his feudal lord, which further reinforced the notion of suicide as a crime.
However, over time, these perspectives changed. The Enlightenment brought about a shift in thinking, challenging the idea that individuals did not have ownership over their bodies and lives. This contributed to the eventual repeal of suicide as a crime in various parts of the world, including NSW.
While suicide itself is no longer a crime in NSW, assisting or inciting suicide remains illegal in the state. This distinction between suicide and assisted suicide is a key aspect of the ongoing euthanasia debate in Australia. As of 2020, only Victoria and Western Australia had legalised voluntary assisted dying, while in NSW, both euthanasia and physician-assisted suicide are considered criminal offences.
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Voluntary euthanasia is legal in Victoria and Western Australia
Suicide and assisted suicide are illegal in Australia. However, voluntary euthanasia, also known as voluntary assisted dying (VAD), is legal in some Australian states, including Victoria and Western Australia.
Victoria was the first jurisdiction in Australia to legalise euthanasia, passing its legislation in 2017, with the laws coming into effect in June 2019. To be eligible for VAD in Victoria, a person must be over 18, have lived in Victoria for at least 12 months, and have decision-making capacity. They must also be terminally ill with a condition causing intolerable suffering and likely to cause death within six months, or 12 months for a neurodegenerative condition.
Western Australia followed suit in December 2019, with its laws taking effect in July 2021. Western Australia's assisted dying law explicitly states that voluntary assisted dying is not suicide. The eligibility criteria in Western Australia are similar to those in Victoria, requiring a person to be terminally ill with a condition causing intolerable suffering and likely to lead to death within six to twelve months, depending on the type of condition.
It is important to note that while voluntary euthanasia is legal in these states, there are strict regulations and criteria that must be met. The process typically involves verbal and written requests from the patient, signed off by two doctors, and the preferred method is self-administration of the medication.
The legalisation of voluntary euthanasia in Victoria and Western Australia has been a controversial issue, with various advocacy and opposition groups across Australia. While some see it as a way to end prolonged and painful suffering, others raise ethical and moral concerns. The Australian Government has also intervened in the past to overturn similar legislation in the Northern Territory in 1997.
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The right to die with dignity
Suicide and attempted suicide are not illegal in Australia, but it is a crime to aid or abet another person to commit or attempt suicide. Assisted dying and euthanasia are highly controversial issues, and currently, only the states of Victoria and Western Australia have legalised voluntary assisted dying.
In the context of Australia, the right to die with dignity has been a subject of debate and legal challenges. While there have been efforts to legalise euthanasia-related schemes and advance care planning, the federal Euthanasia Laws Act 1997 previously prevented parliaments of territories from legalising euthanasia or assisted dying. This ban was repealed in 2022, and since then, Victoria and Western Australia have legalised voluntary assisted dying.
To access voluntary assisted dying in these states, individuals must meet strict eligibility criteria and undergo a rigorous assessment process. For example, in Victoria, a person must be at least 18 years old, have decision-making capacity, be acting voluntarily, and be suffering from a medical condition that is advanced, incurable, irreversible, and will likely cause death within six months (or 12 months for neurodegenerative disorders). The process typically involves making multiple verbal and written requests, which must be signed off by two doctors.
While the legalisation of voluntary assisted dying in Victoria and Western Australia represents a significant step towards recognising the right to die with dignity, it also highlights the ongoing debate and complexities surrounding this issue. As medical advancements continue to extend our lifespan, the question of how we die becomes increasingly important. It is crucial that individuals have access to accurate information, supportive care, and a range of end-of-life options to ensure that their right to die with dignity is respected and protected.
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Frequently asked questions
Suicide by one's own hand is not a crime in Australia, but assisted suicide is.
A 5-year maximum penalty applies if the defendant incited or counselled another person to commit suicide, and the other person committed or attempted suicide as a consequence.
Victoria and Western Australia are the only Australian states to legalise voluntary assisted dying.
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