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25.3.4 The act of suicide alone is not proof of insanity or loss of volition
Most cases of suicide do not involve the complete dethronements of the power of volition. Insanity and 'dethronement' of a power of volition are medical judgements to which a Delegate may expect an objective answer from a professional person, i.e. a psychiatrist or clinical psychologist who had been treating the client, or who had the opportunity to examine the client, before his/her death. It is not a matter for supposition or inference but requires professional observations of the client's actual mental state, including powers of reasoning and volition. In the absence of such professional observations, Delegates should not conclude, on the basis of their own subjective opinion, that the suicide was not intentional.
Delegates should NOT employ the circular reasoning that a desire to commit suicide is in fact evidence of insanity, or that the act of suicide proves a 'loss of volition'. Nor should Delegates accept such a circular proposal, even if advanced by a professional person. Only objective professional observations about the nature and effects of this particular person's illness and its effects on volition in this particular case, should be accepted. If these are not available, the S1 — 4(2) exclusion from compensation should, as intended by Parliament, be allowed to stand.