New scheme enables Anti-Discrimination NSW to deal with civil complaints about conversion therapy
NSW has begun criminalising LGBTQ+ conversion practices under the Conversion Practices Ban Act 2024.
The Act, which took effect on 4 April, criminalises conversion therapy, suppression practices, and other dangerous and damaging LGBTQ+ conversion practices, as well as establishes a mechanism for Anti-Discrimination NSW to handle civil complaints alleging such practices. These practices may include psychological or medical counselling or interventions.
Performing or delivering conversion practices leading to substantial physical or mental harm is now a crime with a maximum of five years’ jail time. Those transporting a person outside the state to deliver conversion therapy may serve up to three years’ imprisonment.
“So-called ‘conversion therapy’ inflicts real and significant harm on members of the LGBTQ+ community,” said Michael Daley, NSW attorney general, in an NSW Department of Communities and Justice media release.
“These sorts of practices are incredibly harmful and dangerous, and they have severe and lasting health impacts,” added Ryan Park, NSW health minister.
The department noted that conversion practices are rooted in myths that the members of the LGBTQ+ community have a disorder, need treatment, and can change or suppress their sexual orientation or gender identity if they pray or try hard enough.
Daley stressed the importance of respecting each person’s identity.
“There is nothing ‘wrong’ with LGBTQ+ people,” Daley said in the media release. “They do not need ‘fixing’ or to be ‘saved’.”
“LGBTQA people should be celebrated, accepted and affirmed,” said Anthony Venn-Brown, founder and CEO of Ambassadors and Bridge Builders International (ABBI). “This law will protect vulnerable people from harm, save lives and make NSW a safer place for people of all sexual orientations and gender identities.”
“Not only will this law save countless people from a lifetime of pain – and in some cases save lives – it also sends a powerful message that LGBTQA people are whole and valid, just as we are,” said Anna Brown, CEO of Equality Australia.
The department shared in its media release that the new legislation also provides a mechanism enabling Anti-Discrimination NSW to deal with civil complaints about conversion practices.
Anti-Discrimination NSW can investigate these complaints, attempt to resolve them by conciliation if appropriate, or refer them to the NSW Civil and Administrative Tribunal in some cases.
Anti-Discrimination NSW will offer resources – such as free online videos, tools, information sessions, and referrals to support services – to shed light on the legislation.
The department noted that the prohibition against conversion practices does not extend to general religious teachings, expressions of religious principles, or discussions between parents and their children about sexual orientation, gender identity, sexual activity, or religion.
“I want to thank the many individuals and groups who engaged with the Government on this legislation, to make this ban a reality,” Park said.
“We are indebted to the survivors of this insidious practice who shared their experiences and advocated for this important reform,” Daley added.
