South Australian Suicide Prevention Act 2021 Receives Assent

On 9 December 2021, the South Australian Suicide Prevention Act 2021 (‘the Act’) received assent. Its corresponding Bill was initially introduced in the Legislative Council on 8 September 2021 by Minister for Health and Wellbeing Stephen Wade (‘the Minister’).

In his second reading speech of the Bill, the Minister described this legislation as the “first of its kind for any jurisdiction in Australia”. The Act forms part of the South Australian government’s investment in moving towards zero suicide.

The Minster noted that until this Act, suicide prevention schemes and initiatives in South Australia have been “vulnerable to changes in government priorities”, but with this Act, the issue is set to receive “sustained and effective focus”.

The Act's corresponsing Bill was initially released as a draft and was developed with significant consultation and input from 576 individuals and organisations. On the SA government’s YourSAy website, feedback showed that approximately 88% of respondents and 90.5% of submissions were in support of the legislation.

Provisions of the Act: The Suicide Prevention Council

The Act is intended to serve several objectives, including to:

• reduce the incidence of suicide;
• implement and promote suicide prevention strategies; and
• provide more education and training on the subject of suicide in South Australia.

Furthermore, the Act also intends to identify groups in the community that should be considered priorities in relation to suicide prevention.

A significant aspect of the Act is that it establishes the Suicide Prevention Council (‘the Council’). The Minister described this in his second reading speech as:

Notably, the Act provides that the 13 members of this Council must, as a group, bring a breadth of “knowledge, skills and lived experience” to their roles. There must be members with leadership experience in suicide prevention initiatives or services, clinical professionals, researchers with expertise in suicide or mental health, as well as members to represent higher risk groups.

Provisions of the Act: The State Suicide Prevention Plan

As well as establishing the Council, the Act also establishes the State Suicide Prevention Plan (‘the SSPP’), which is to be prepared and maintained by the Council. Under the Act, the SSPP is required to contain specific provisions reflecting the need for suicide prevention in Aboriginal and Torres Strait Islander communities. Additionally, the Act provides that state authorities will be duty-bound to “have regard to and give effect to” the SSPP.

These state authorities must also have their own suicide prevention action plans in place.   

Furthermore, the Minister said that in what will be a “significant suicide prevention public health measure”, the Minister for Health and Wellbeing will be able to recommend that specific actions be taken (or prevented from being taken) in order to reduce the risk of suicide occurring in particular places, in particular circumstances, or among particular groups of people.

The Minister concluded his second reading speech by quoting a statement by the Premier’s Council on Suicide Prevention:

The commencement of the Act is yet to be proclaimed.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

Suicide Prevention Act 2021 (SA), corresponding Bill, and additional explanatory materials available from TimeBase's LawOne website