Offences Relating to Suicide

Committing suicide, or attempting to do so, is no longer an offence anywhere in Australia. However, there are offences relating to assisting or counselling someone else to commit suicide in every state and territory. This page outlines those offences and the penalties they can attract.

New South Wales

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. This offence is punishable by up to 10 years imprisonment.

Under the same provision, it is an offence to counsel or incite another person to commit suicide and where doing so results in the other person committing or attempting to commit suicide, the first person is liable to up to five years imprisonment.

In New South Wales, the survivor of a suicide pact is not guilty of murder or manslaughter but may be guilty of an offence under section 31C.

Offences relating to suicide in Victoria

In Victoria, offences relating to suicide are contained in section 6B of the Crimes Act 1958.

A person is guilty of an offence if they:

Incite another person to commit suicide and the other person commits suicide or attempts to do so;
Aid or abet another person to commit suicide or to attempt suicide.

These offences are punishable by up to five years imprisonment.

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 of murder.

Queensland

In Queensland, section 311 of the Criminal Code 1899 makes it an offence to:

Procure another person to kill yourself;
Counsel another person to kill themselves and induce them to do so;
Aid another person to kill themselves.

These offences are punishable by a maximum penalty of life imprisonment.

Offences relating to suicide in the ACT

In the ACT, section 17 of the Crimes Act 1900 makes it an offence to:

Air or abet another person to commit or attempt suicide;
Incite or counsel a person to commit suicide where the other person commits or attempts suicide as a consequence

These offences are punishable by up to 10 years imprisonment.

In the ACT, section 18 of the Crimes Act 1900 states that it is lawful to use reasonable force to prevent another person from killing themselves.

Western Australia

In WA, section 288 of the Criminal Code Act Compilation Act 1986 makes it an offence to:

Procure another person to kill yourself;
Counsel another person to kill themselves and induce them to do so;
Aid another person to kill themselves

These offences are punishable by a maximum penalty of life imprisonment.

South Australia

In South Australia, the relevant provision is section 13 of the Criminal Law Consolidation Act 1935.

Under that provision, a person who aid, abet or counsels another person to commit suicide or attempt suicide is guilty of an offence. The maximum penalty for this offence is as follows:

Where suicide was committed, up to 14 years imprisonment;
Where it was attempted, up to eight years imprisonment;

Where the offender committed the offence is pursuance of a suicide pact:

Where suicide was committed, up to five years imprisonment;
Where it was attempted, up to two years imprisonment.

In South Australia, if a person survives a suicide pact and is tried for murder as a result and the jury is satisfied that caused the death of the other person, it must find them guilty of manslaughter and not of murder.

Northern Territory

In the NT, section 162 of the Criminal Code Act 1983 makes it an offence to:

Assist another person to kill or attempt to kill themselves;
Encourage another person to kill or attempt to kill themselves

This offence is punishable by a maximum penalty of imprisonment for life.

Tasmania

In Tasmania, section 163 of the Criminal Code Act 1924 makes it a crime to instigate or aid another person to kill themselves. This attracts a maximum penalty of 21 years imprisonment.

Commonwealth suicide-related offences

The Commonwealth Criminal Code 1995 also contains offences relating to suicide that are committed over the phone or internet. These include:

Using a carriage service to incite or counsel suicide (section 474.29A(1))
Using a carriage service for suicide related material (section 474.29A)
Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service (section 474.29B)

These offences are punishable by a fine of up to 1000 penalty units.

If you need help or support please contact Lifeline Australia on 131114.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.