Law Updates
25.09.20
LGBTQI+ Conversion Therapy banned in the ACT
On 27 August 2020, the ACT Legislative Assembly passed the Sexuality and Gender Identity Conversion Practices Bill. In short, the newly enacted Sexuality and Gender Identity Conversion Practices Act 2020 (the Act) to commence from 1 March 2021 has outlawed conversion practices in the ACT. Practices conducted on protected persons will attract up to 12 months imprisonment, or a fine of $24,000.00.[1] The bill also allows for civil penalties, including allowing the ACT Civil and Administrative Tribunal powers to order redress and compensation, and has made consequential amendments to the Human Right Commission Act 2005.[2]
Purpose of the Act
Pursuant to section 6 of the Sexuality and Gender Identity Conversion Practices Act 2020, the purpose of the Act is:
- To affirm that –
- all people have characteristics of sexuality and gender identity; and
- no combination of those characteristics constitutes a disorder, disease, illness, deficiency, disability or shortcoming; and
- To recognise and prevent the harm caused by sexuality and gender identity conversion practices.[3]
Attorney-General Gordon Ramsay expressed that the Act is a well-considered piece of legislation, which is compatible with the ACT Human Rights Act.[4]
What is ‘sexuality or gender conversion therapy’?
Pursuant to section 7 of the Act:
Sexuality or gender identity conversion practice means a treatment or other practice, the purpose or purported purpose, of which is to change a person’s sexuality or gender identity. [5]
This definition does not include any practices that are provided by a health service provider that is necessary to provide their service in a manner that is safe and appropriate,[6] nor does it include practices that support or assist a person undergoing a gender transition or expressing their gender identity.[7]
In layman’s terms – conversion therapy is used on an unscientific belief that the use of certain practices will change a person’s gender identity or sexual orientation. These practices can include physical and verbal abuse, pseudo-medical procedures and spiritual interventions.[8]
But what about religious freedom?
The ACT Government developed the bill in close consultation with the ACT Human Rights Commission to ensure that the provisions do not infringe on a person’s right to religious beliefs. The changes are said to have no interference on religious teachings.[9] The Catholic Archbishop of Canberra and Goulburn Christopher Prowse has spoken out against the bill, stating that the issues that the Catholic community have with the bill are not in relation to religious freedom, but rather an issue with parental right and protection of children.[10]
What are the actual penalties?
If conversion practices are undertaken against a person who is a protected person (being a child or a person with impaired decision making) the penalty is up to 12 months imprisonment or a fine of up to $24,000.00.[11]
If, however, conversion practices are undertaken a person with full mental capacity, it is up to the ACT Human Rights Commission and/or the ACT Civil and Administrative Tribunal to investigate the claims and make decisions regarding whether to conciliate, mediate or determine reparation.[12]
The ACT is a jurisdiction known for its progressive laws in relation to supporting the LGBTQI+ community, exemplified by the enactment of same sex marriage in 2013 prior to the passage of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 by Federal Parliament. As with any new legislation, there will of course be teething issues, however this is no doubt a piece of legislation that will ensure that the ACT is a place that is as inclusive as possible.
[1] Peta Doherty & Tahlia Roy, ‘LGBTQ conversion therapy banned in Canberra as Sexuality and Gender Identity Conversion Practices Bill passes’, ABC (online, 27 August 2020) < https://www.abc.net.au/news/2020-08-27/act-bans-gay-conversion-therapy-with-sexuality-gender-bill/12600956>.
[2] Ibid.
[3] Sexuality and Gender Identity Conversion Practices Act 2020 s6.
[4] Sarah Lansdown, ‘Ban on ‘insidious’ sexuality and gender identity conversion practices becomes law’, The Canberra Times (online, 27 August 2020) < https://www.canberratimes.com.au/story/6898350/ban-on-insidious-gay-conversion-practices-becomes-law-in-the-act/>.
[5] Sexuality and Gender Identity Conversion Practices Act 2020 s7.
[6] Sexuality and Gender Identity Conversion Practices Act 2020 s7(3).
[7] Ibid.
[8] ACT Government, ‘FAQ – recent changes to make the ACT a more inclusive place for everyone’, ACT Government Justice and Community Safety Directorate (Web Page) < https://justice.act.gov.au/faq-recent-changes-make-act-more-inclusive-place-everyone>.
[9] Ibid.
[10] Archbishop Christopher Prowse, ‘IMPORTANT MESSAGE: Re. Sexuality and Gender Identity Conversion Bill 2020, Catholic Voice, Archdiocese of Canberra and Goulburn (Web Page) <https://www.catholicvoice.org.au/important-message-re-sexuality-and-gender-identity-conversion-bill-2020/ >.
[11] ACT Government, ‘FAQ – recent changes to make the ACT a more inclusive place for everyone’, ACT Government Justice and Community Safety Directorate (Web Page) < https://justice.act.gov.au/faq-recent-changes-make-act-more-inclusive-place-everyone>.
[12] Ibid.