Source: Human Rights Commission
From 15 February 2022, it is an offence to perform conversion practices on someone under the age of 18 or on someone who lacks decision-making capacity. It is also an offence to perform conversion practices on someone 18 years or older where that causes serious harm.
Those who want to prosecute will need the Attorney-General’s consent.
What are conversion practices?
Conversion practices are any direct, sustained effort or treatment that tries to change or suppress a person’s sexual orientation, gender identity or gender expression. This could include, but is not limited to:
- using shame, coercion or other tactics to try to give a person an aversion to same-sex attractions, or to encourage gender-confirming behaviour
- encouraging someone to believe their sexuality or gender, or parts thereof, are defective or disordered, or
- performing a deliverance, exorcism or prayer-based practice intended to change or suppress a person’s sexual orientation, gender expression or gender identity.
It is not a conversion practice if:
- a parent or guardian respectfully discusses sexuality or gender with their child, including offering advice and guidance, or expresses a belief or religious principle to their child, so long as these are done without the intention of changing or suppressing the child’s sexual orientation, gender identity or gender expression
- a religious leader preaches, prays for or provides pastoral care for a parishioner or parishioners regarding sexuality or gender, so long as these are done without the intention of changing or suppressing a person’s sexual orientation, gender identity or gender expression, or if
- a medical practitioner acting within the legal, professional, and ethical standards to which they are subject considers in their reasonable professional judgement that it is appropriate to take that action.
It is also not a conversion practice to:
- assist someone who is undergoing, or considering undergoing a gender transition
- assist someone to express their gender or identity
- provide acceptance, support or understanding of an individual, or
- facilitate a person’s coping skills, development or identity exploration, or to facilitate social support.
Some rainbow people are concerned that legislation does not necessarily address wider stigma, homophobia and transphobia. Much of the ideology that underpins conversion practices is the false assumption that a person’s sexual orientation, gender identity and expression could be wrong or need to be “corrected”. This is where education, awareness raising, and attitude and behaviour change will be important. It is a way to address the conditions that lead to conversion practices in the first place.
What is the law trying to do?
The focus of the law is to prohibit deliberate and intentional actions to change or suppress sexuality or gender, as these are ineffective and have been shown to cause harm.
If you have questions about a practice you provide, contact us free on 0800 496 877 or email [email protected], or you may like to seek legal advice.
