Suicide Prevention Act 2021

This Act may be cited as the Suicide Prevention

Act 2021.

In this Act, unless the contrary intention appears—

Aboriginal Affairs and Reconciliation means—

the attached office (within the meaning of the

Public Sector

Act 2009) of that name attached to the Department of the

Premier and Cabinet; or

if the attached office of that name is abolished—the administrative unit of the Public Service declared by the Minister by notice in the Gazette to be the replacement for that attached office;

Chief Executive means the Chief Executive of the

Department;

Chief Psychiatrist means the Chief Psychiatrist under the Mental Health

Act 2009;

Chief Public Health Officer means the Chief

Public Health Officer under the South

Australian Public Health Act 2011;

Commissioner for Aboriginal Children and Young

People means the person holding or acting in the office of the

Commissioner for Aboriginal Children and Young People under the

Children and Young People (Oversight and

Advocacy Bodies) Act 2016;

Commissioner for Children and Young People means the person holding or acting in the office of the Commissioner for Children and

Young People under the Children and Young

Act 2016;

Department means the administrative unit of the

Public Service that is responsible for assisting a Minister in the administration of this Act;

guidelines means guidelines prepared and published under section 8, as in force from time to time;

lived experience of suicide—a person will be taken to have lived experience of suicide if the person—

has attempted suicide; or

has, or has had, suicidal thoughts; or

cares, or has cared for, a person who has died by suicide, has attempted suicide or has, or has had, suicidal thoughts; or

is bereaved by the suicide of a person; or

is otherwise directly affected by the suicide of a person;

postvention means support (however described) provided to persons who have been affected by the suicide of another;

Preventive Health SA means—

the attached office (within the meaning of the

Public Sector

Act 2009) of that name attached to the Department for

Health and Wellbeing; or

if the attached office of that name is abolished—the administrative unit of the Public Service declared by the Minister by notice in the Gazette to be the replacement for that attached office;

priority population group means a particular group of people disproportionally affected by suicide or attempted suicide;

South Australian Suicide Register—see section 35;

State authority means—

a person who holds an office established by an Act;

or

a public sector agency; or

South Australia Police; or

any other person or body declared by the regulations to be a State authority, but does not include the State Coroner, or any other person or body declared by the regulations to be excluded from the ambit of this definition;

State Suicide Prevention Plan means the State

Suicide Prevention Plan prepared in accordance with section 20, as in force from time to time;

Suicide Prevention Council or

Council means the Suicide Prevention Council established under section 9;

suicide prevention network means a community organisation (however described) that does 1 or more of the following:

raises awareness of suicide prevention;

reduces the stigma attached to suicide and suicidal behaviour;

increases community connections in respect of people with lived experience of suicide;

provides education and training to communities in relation to suicide prevention;

provides links to available supports and services and encourages people to seek help in relation to suicide and suicidal behaviour;

Tribunal means the South Australian Civil and

Administrative Tribunal.

For the purposes of this Act, a reference to suicide prevention will be taken to include a reference to postvention.

This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

This Act does not apply to, or in relation to, the accessing of voluntary assisted dying in accordance with the Voluntary Assisted Dying

Act 2021.

This Act is in addition to, and does not derogate from, any other

Act or law.

A person upon whom a function or power has been conferred under this Act may delegate the function or power to a specified person or body (including a person for the time being holding or acting in a specified office or position).

A delegation under this section—

must be by instrument in writing; and

may be absolute or conditional; and

does not derogate from the ability of the person who delegated the function or power to act in any matter; and

is revocable at will.

A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

The objects of this Act are—

to reduce the incidence of suicide in the State; and

to promote best practice suicide prevention policies across the

State; and

to articulate the role of the State in implementing suicide prevention strategies; and

to provide for training and education in relation to suicide prevention; and

to provide for the identification of priority population groups and implementing suitable initiatives to prevent suicide within such groups;

and

to provide a framework to ensure that suicide prevention response is a priority across all levels of government and community.

The Minister may—

prepare and publish guidelines in relation to the preparation of suicide prevention action plans; and

publish such other guidelines as the Minister thinks appropriate for the purposes of this Act.

In preparing guidelines under this section, the Minister must consult with the Chief Public Health Officer, the Chief Psychiatrist and any other person or body prescribed by the regulations.

The Minister may vary, substitute or revoke guidelines made under this section.

The Minister must cause guidelines made under this section to be published on a website determined by the Minister.

The Suicide Prevention Council is established.

The Suicide Prevention Council consists of the following members:

a Member of Parliament (not being a Minister of the Crown) appointed by the Minister on the nomination of the Premier;

the Chief Public Health Officer (ex officio);

the Chief Psychiatrist (ex officio);

the Chief Executive of Preventive Health SA (ex officio);

the Commissioner for Children and Young People (ex officio);

the Commissioner for Aboriginal Children and Young People (ex officio);

a Mental Health Commissioner appointed by the Minister;

up to 14 members appointed by the Minister who, in the opinion of the Minister, collectively have the knowledge, skills and lived experience of suicide necessary to enable the Suicide Prevention Council to effectively carry out its functions under this Act and of whom—

at least 1 must have experience of leadership in suicide prevention initiatives or services in a non‑government organisation;

at least 2 must have experience in a leadership position (however described) in the Aboriginal and Torres Strait Islander community;

at least 1 must have experience in a leadership position (however described) in a multicultural community;

at least 1 must be a veteran with lived experience of suicide, or experience supporting other veterans with lived experience of suicide;

at least 1 must be a current or previous first responder with lived experience of suicide, or experience supporting other first responders with lived experience of suicide;

at least 1 must be a member of the LGBTIQ+ community with lived experience of suicide, or leadership experience in that community;

at least 1 must have lived experience of suicidal behaviour;

at least 1 must be a member of a clinical profession in a primary or specialist care setting that provides care to people with lived experience of suicide, or who may be at risk of suicide;

at least 1 must be a person with experience in suicide prevention commissioning from primary health networks;

at least 1 must be a member with research experience in suicidology, suicide prevention or mental health;

at least 1 must have any other experience or qualifications prescribed by the regulations.

The Minister must, before appointing a member to the Suicide

Prevention Council under subsection (2)(i), call for expressions of interest under a scheme determined by the Minister for the purposes of this section.

The Minister may appoint a person to be the deputy of a member of the Suicide Prevention Council.

A deputy may act as a member of the Suicide Prevention Council during any period of absence of the member in relation to whom the deputy has been appointed.

The Suicide Prevention Council is, in performing a function or exercising a power under this Act, subject to the direction of the

Minister.

Subject to this section, a member of the Suicide Prevention Council will hold office on conditions, and for a term (not exceeding 3 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.

A member of the Suicide Prevention Council appointed under section 9(2)(i) cannot hold office for terms that exceed 9 years in total.

The office of a member becomes vacant if the member—

in the case of the member appointed under section 9(2)(a)—

ceases to be a Member of Parliament; or

becomes a Minister of the Crown; or

in any case—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

is convicted of—

an indictable offence against a law of this State; or

an offence against a law of this State that is punishable by imprisonment for a term of at least 12 months; or

an offence against a law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

is removed from office by the Minister under subsection (4).

The Minister may remove a member from office—

for misconduct or conduct that may bring the Suicide Prevention

Council into disrepute; or

for breach of, or non-compliance with, a condition of appointment;

or

if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or

if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the

Commonwealth; or

if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or

for incompetence or neglecting the duties of the position;

or

any other reason the Minister thinks fit.

An act or proceeding of the Suicide Prevention Council is not invalid by reason only of a vacancy in the office of a member or a defect in the appointment of a member.

A member of the Suicide Prevention Council appointed under section 9(2)(i) is entitled to such remuneration, allowances and expenses as may be determined by the Minister.

The Minister must appoint a member of the Suicide Prevention

Council as the presiding member of the Suicide Prevention

Council.

The primary functions of the Suicide Prevention Council are—

to prepare and maintain the State Suicide Prevention Plan;

and

to make recommendations on policies and programs intended to reduce deaths by suicide and attempted suicides, and enhance postvention responses.

The Suicide Prevention Council has the following additional functions:

to advise and report to the Minister on the operation and effectiveness of the State Suicide Prevention Plan;

to oversee the development and review of the State Suicide

Prevention Plan;

to promote the implementation of the State Suicide Prevention Plan in respect of matters relating to the risk of suicide under the laws of the

State;

to receive reports from prescribed State authorities in relation to their suicide prevention action plans, and to summarise and submit such reports to the Minister;

to ensure that training in preventing suicide is available to the community and professionals in the State;

to provide opportunity and a platform for people with lived experience of suicide, and other members of the community working in the area of suicide prevention, to voice their opinions and concerns;

to increase the profile and accessibility of suicide prevention initiatives in the State;

to support collaboration between suicide prevention networks and local government;

to increase the profile of, provide support to and promote the work of suicide prevention networks;

to identify opportunities in suicide prevention, treatment, crisis intervention and crisis postvention;

to identify priority population groups who may require additional consideration, targeted responses and engagement in relation to suicide prevention;

to identify, and provide advice to the Minister in relation to, suitable initiatives for reducing suicide and suicidal behaviour in the

State;

to provide advice to the Minister on any new programs and policies established to meet the objects of this Act;

to, where appropriate, refer and give consideration to international, national and State suicide prevention policies, strategies and programs (however described);

to coordinate with and bring together key stakeholders to develop, implement and review the effectiveness of the objects of this Act in the

State;

such other functions as may be assigned to the Suicide Prevention

Council under this or any other Act or by the Minister.

In performing the functions under this section, the Suicide

Prevention Council should, as far as is reasonably practicable, seek to work collaboratively with—

State and Commonwealth agencies that have functions that are relevant to those of the Suicide Prevention Council; and

local councils; and

relevant industry, professional and community groups and organisations.

Subject to this Act, the Suicide Prevention Council has such powers as may be necessary or expedient for the performance of the Suicide Prevention

Council's functions.