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Suicide

Under s 13A of the Criminal Law Consolidation Act 1935 (SA), it is not an offence to commit or attempt to commit suicide in South Australia. However, it is a serious offence to assist in a suicide or a suicide attempt [s 13A(5)]. A person is able to use reasonable force from stopping what they believe is an attempt at suicide [s 13A(2)].

The death of a person by medication administered pursuant to the Voluntary Assisted Dying Pathway will not be taken to be death of the person by suicide [s 13A(12), see also Voluntary Assisted Dying Act 2021 (SA) s 6]. Further, a person who performs an act or omission in relation to the voluntary assisted dying of a person in accordance with the pathway will not be taken (by that act or omission alone) to have aided, abetted, counselled or procured the suicide of the other person [ss 5, 6 and 97].

Where suicide is the cause of death, a doctor or hospital must notify the police. The deceased must be formally identified and the police must complete a Report of Death to Coroner. If the Coroner considers that a post-mortem is necessary, another form is filled out and sent to the Government Medical Officer, authorising a post-mortem. The post-mortem is carried out in the hospital morgue and a report is sent to the coroner in charge of the district. The Coroner then issues a Form of Coroner's or Justice's Information on Death which is sent to the Registrar of Births, Deaths and Marriages. The Registrar is then able to issue a death certificate when the next-of-kin applies for it.

While there may in the past have been problems arranging a religious service and burial of someone who has committed suicide, this is no longer the case. The cause of death should have no bearing on funeral arrangements.

Support services are available for persons affected by suicide, please visit the SA Health Bereaved by Suicide website for further information.

Suicide  :  Last Revised: Mon Jan 30th 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.