Sexuality and Gender Identity Conversion Practices Act 2020

This Act is the Sexuality and Gender Identity Conversion Practices Act 2020.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘gender identity—see the Discrimination Act 1991, dictionary.’ means that the term ‘gender identity’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The objects of this Act are—

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.

Note A person may make a complaint to the human rights commission about sexuality and gender identity conversion practices (see Human Rights Commission Act 2005, s 43 and div 4.2D).

Part 2 Sexuality and gender identity conversion practices

In this 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.

However, sexuality or gender identity conversion practice does not include a practice the purpose of which is to—

assist a person who is undergoing a gender transition; or

assist a person who is considering undergoing a gender transition; or

assist a person to express their gender identity; or

provide acceptance, support or understanding of a person; or

facilitate a person’s coping skills, social support or identity exploration and development.

Examples—s (2)

 diagnosis and assessment of a person with gender dysphoria or gender non-conforming behaviour or identity

 support for a person with social adjustments related to gender dysphoria

 gender-affirming hormone treatment

 other gender transition services, for example, speech pathology services for a transgender or gender-diverse person who wishes to alter their voice and communication to better align with their gender identity

Note Under the Human Rights Act 2004, s 14, a person has the right to freedom of thought, conscience and religion, including the freedom to demonstrate their religion or belief in worship, observance, practice and teaching, either individually or as part of a community and whether in public or private. It is not intended that a mere expression of a religious tenet or belief would constitute a sexuality or gender identity conversion practice.

Also, sexuality or gender identity conversion practice does not include a practice by a health service provider that, in the provider’s reasonable professional judgment, is necessary to—

provide a health service in a manner that is safe and appropriate; or

comply with the provider’s legal or professional obligations.

In this section:

health service—see the Health Act 1993, section 5.

health service provider—see the Health Act 1993, section 7.

A person commits an offence if—

the person performs a sexuality or gender identity conversion practice on another person (the recipient); and

the recipient is a protected person.

Maximum penalty: 150 penalty units, imprisonment for 12 months or both.

A person commits an offence against subsection (1) whether or not the recipient, or a parent or guardian of the recipient, consented to the practice.

A person commits an offence if—

the person removes another person (the recipient) from the ACT; and

the recipient is a protected person; and

the removal is for the purpose of a sexuality or gender identity conversion practice being performed on the recipient.

Maximum penalty: 150 penalty units, imprisonment for 12 months or both.

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACT

 penalty unit (see s 133)

 person (see s 160).

gender identity—see the Discrimination Act 1991, dictionary.

impaired decision-making ability—see the Guardianship and Management of Property Act 1991, section 5.

protected person means—

a child; or

a person who has impaired decision-making ability in relation to a matter relating to the person’s health or welfare.

sexuality—see the Discrimination Act 1991, dictionary.

sexuality or gender identity conversion practice—see section 7.