NSW Labor introduces ban on LGBTIQ conversion practices

March 20, 2024
Issue 
Protesting in Gadigal/Sydney in February 2023. Photo: Zebedee Parkes

New South Wales Labor on March 13 to criminalise conversion practices that seek to suppress a person鈥檚 sexual orientation and cause serious physical harm.

If passed,聽 would outlaw practices, sustained efforts, or treatments that are 鈥渄one with the intention of changing or suppressing the individual鈥檚 sexual orientation or gender identity鈥. There would be a maximum penalty of five years.

Gay conversion practices include pressure from a church, or religious figure, to suppress one鈥檚 sexuality, to religious rituals such as exorcisms and psychiatric or psychological 鈥渢reatments鈥 and aversion tactics.

on March 13 about being sent to conversion therapy 鈥済roup camps鈥 or hypnotherapy sessions.

Labor and the Coalition committed to banning LGBTIQ conversion practices before last year鈥檚 March election.

Such laws have been passed in Victoria, the ACT and New Zealand, while Tasmania and South Australia are considering reforms.

LGBTIQ organisations have welcomed the bill.

spokesperson Anna Brown said: 鈥淲e stand with survivors in welcoming this bill and we urge all MPs to seize this opportunity to end these archaic and harmful practices which have already caused untold harm and have no place in modern Australia.鈥

Co-founder of survivors of 聽said: 鈥淚 went through conversion practices in Sydney starting when I was only 16 years old.

鈥淭he introduction of legislation is a good and important step towards protecting LGBTQA+ people from experiencing similar harms.鈥

The Australian Christian Lobby opposes the bill, claiming it would outlaw the expression of religious opinion.

NSW Premier confirmed that the bill makes allowances for prayer. Attorney-General Michael Daley said religious leaders who gave sermons about homosexuality being 鈥渁 sin鈥 were protected under the laws.

Minns also confirmed that conversations between parents and children were exempted from the bill.

Vilification of queer people is beyond the scope of proposed bill.

said the bill only criminalises 鈥渋ntentional conduct that results in substantial physical or mental harm鈥 or 鈥渨hich involves taking people outside NSW to engage in conduct that would otherwise be prohibited in NSW鈥.

It clarifies that LGBTIQ conversion practices do not include: appropriate clinical care; helping an individual develop their coping skills; development or identity exploration (including parents discussing matters with their children); religious expressions (including prayer) that are not directed at changing or suppressing an individual鈥檚 sexual orientation or gender identity.

It sets up a complaints mechanism so that people who suffer conversion practices can seek justice.

It also gives the NSW Anti-Discrimination Board powers to disseminate information, conduct research and hold public inquiries about conversion practices.

Equality Australia said it was reviewing the bill closely 鈥渁nd working with all MPs in parliament to ensure survivors are protected comprehensively from harm鈥.

鈥淎buse dressed up as pastoral care or guidance is a breach of trust and power.鈥

West Australian activist and Queer Liberation Boorloo spokesperson Alex Wallace criticised the WA Labor for lagging behind the rest of the country, especially as promised law reform 18 months ago.

鈥淚t took NSW Labor 354 days to introduce a ban on conversion practices,鈥 Wallace said. 鈥淚t鈥檚 a crucial piece of queer law reform we鈥檝e been promised time and time again. But it is now been 2559 days since WA Labor came to power and we have yet to see it act on promises to the LGBTIQ community.鈥

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