Conversion practice complaints—ACAT orders
53ZE Conversion practice complaints—ACAT orders
This section applies if—
the commission refers a complaint to the ACAT under this division; and
the ACAT is satisfied that the respondent engaged in a harmful practice.
The ACAT may make 1 or more of the following orders:
that the respondent not repeat or continue the harmful practice;
that the respondent perform a stated reasonable act to redress any loss or damage suffered by a person because of the harmful practice;
unless the complaint has been dealt with as a representative complaint—that the respondent pay to a person a stated amount by way of compensation for any loss or damage suffered by the person because of the harmful practice;
any other order the ACAT considers appropriate.
In making an order under subsection (2) (c), the ACAT—
must consider—
the inherent dignity of all people and the impact of the sexuality or gender identity conversion practice on the person’s dignity; and
the nature of the sexuality or gender identity conversion practice; and
any mitigating factors; and
may consider any other matter the ACAT considers relevant.
Examples—par (a) (i)—impact of sexuality or gender identity conversion practice distress, humiliation, loss of self-esteem, loss of enjoyment of life
Example—par (a) (iii) a public apology
In this section:
harmful practice means a sexuality or gender identity conversion practice that caused, or is likely to cause, harm to a person or otherwise has adversely affected, or is likely to adversely affect, a person’s rights, interests or welfare.
representative complaint means a complaint that is dealt with by the commission as a representative complaint under section 71.
This Act’s bill:Explanatory statementSecond reading speech
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