Conversion Practices Ban Act 2024

This Act is the Conversion Practices Ban Act 2024.

This Act commences on the day that is 12 months after the date of assent to this Act.

In this Act, a conversion practice means a practice, treatment or sustained effort that is—

directed to an individual on the basis of the individual’s sexual orientation or gender identity, and

directed to changing or suppressing the individual’s sexual orientation or gender identity.

For subsection (1), it is irrelevant whether a practice, treatment or sustained effort directed to an individual on the basis of the individual’s sexual orientation or gender identity is based on an incorrect assumption or belief about the individual’s sexual orientation or gender identity.

A conversion practice does not include—

a health service or treatment provided by a registered health practitioner that—

the registered health practitioner has assessed as clinically appropriate in the registered health practitioner’s reasonable professional judgement, and

complies with all relevant legal, professional and ethical requirements, or

Examples of health services or treatments that do not constitute a conversion practice—

any of the following health services or treatments assessed by a registered health practitioner as clinically appropriate—

• genuinely assisting an individual who is exploring the individual’s sexual orientation or gender identity or considering or undergoing a gender transition

• genuinely assisting an individual who is receiving care and treatment related to the individual’s gender identity

• genuinely advising an individual about the potential impacts of gender affirming medical treatment

genuinely facilitating an individual’s coping skills, development or identity exploration to meet the individual’s needs, including by providing acceptance, support or understanding to the individual, or

the following expressions if the expression is not part of a practice, treatment or sustained effort, directed to changing or suppressing an individual’s sexual orientation or gender identity—

an expression, including in prayer, of a belief or principle, including a religious belief or principle,

an expression that a belief or principle ought to be followed or applied.

To avoid doubt, the following are examples of what does not constitute a conversion practice under this section—

stating what relevant religious teachings are or what a religion says about a specific topic,

general requirements in relation to religious orders or membership or leadership of a religious community,

general rules in educational institutions,

parents discussing matters relating to sexual orientation, gender identity, sexual activity or religion with their children.

The dictionary in Schedule 2 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

A person commits an offence if the person provides or delivers a conversion practice to an individual—

with the intention of changing or suppressing the individual’s sexual orientation or gender identity, and

that causes mental or physical harm to the individual that—

endangers the individual’s life, or

is substantial.

Maximum penalty—imprisonment for 5 years.

For subsection (1)(b), the mental or physical harm—

may be caused by any combination of conversion practices, and

must be assessed by considering the totality of the conversion practices.

Subsection (1) applies whether the conversion practice is provided or delivered—

in New South Wales, or

partly in New South Wales and partly outside New South Wales.

To avoid doubt, subsection (1) applies whether or not any of the following consents to the conversion practice being provided or delivered—

the individual,

if the individual lacks legal capacity—a parent, guardian or other person who has decision-making authority for the individual.

In this section—

person does not include an individual under the age of 18 years.

A person commits an offence if the person—

takes an individual from New South Wales, or arranges for the individual to be taken from New South Wales, with the intention that a conversion practice be delivered or provided to the individual outside New South Wales, or

engages a person outside New South Wales to provide or deliver a conversion practice to an individual in New South Wales.

Maximum penalty—imprisonment for 3 years or 100 penalty units, or both.

To avoid doubt, subsection (1) applies whether or not any of the following consents to the individual being taken from New South Wales or arranges for the individual to be taken from New South Wales, or consents to the conversion practice being provided or delivered—

the individual,

if the individual lacks legal capacity—a parent, guardian or other person who has decision-making authority for the individual.

In this section—

person does not include an individual under the age of 18 years.

In this part—

agent includes an Australian legal practitioner.

complainant means an individual by whom, or on whose behalf, a complaint is made.

complaint—

means a complaint made under section 9, and

includes a matter referred to the Tribunal as a complaint under section 27(2).

representative body means a body, whether incorporated or unincorporated, that—

represents or purports to represent a group of individuals within New South Wales, whether or not the body is authorised by the individuals to represent the group, and

has as its primary object the promotion of the interests or welfare of the group.

representative complaint means a complaint—

made by an individual or other entity, which may comprise or include a representative body, on the individual’s or entity’s own behalf as well as on behalf of another individual, and

treated by the Tribunal as a representative complaint.

respondent means an entity about whose conduct a complaint has been made.

An entity contravenes this Act if the entity provides or delivers a conversion practice.

A complaint alleging that an entity has contravened this Act may be made by the following—

an individual—

on the individual’s own behalf, or

on the individual’s own behalf as well as on behalf of another individual,

a parent or guardian of an individual who lacks the legal capacity to lodge a complaint, including because of age or disability,

a representative body on behalf of a named individual,

Note—

See section 10 for the requirements for a representative body to make a complaint on behalf of an individual.

an agent of an individual referred to in paragraphs (a)–(c).

Note—

Under the Interpretation Act 1987, section 8(b), a reference to a word in the singular form includes a reference to the word in the plural form. Accordingly, a complaint may be made about a single entity or more than 1 entity and may be made by, or on behalf of, 1 individual or more than 1 individual.

Nothing in this division prevents an individual from making a complaint even though the conduct in relation to which the complaint is made is also conduct in relation to which a representative complaint has been made.

In this section—

guardian has the same meaning as in the Guardianship Act 1987.

If a complaint is made on behalf of another individual (the other complainant) under section 9(1)(a) or (b)—

the individual who makes the complaint is, for this division, taken to have the same rights, obligations and interests in relation to the investigation, conciliation or referral of the complaint as the other complainant, and

the complaint is, for this part, taken to have been made by the other complainant on the complainant’s own behalf.

For a complaint made wholly or partly on behalf of another individual, other than a complaint made on behalf of an individual who lacks legal capacity, the President may require—

the individual on whose behalf the complaint is made to show that the complaint has been made with the individual’s consent, or

the individual making the complaint to prove the individual has authority to act at all times in the complaint-handling process.

For a complaint made wholly or partly on behalf of another individual, including a complaint made on behalf of an individual who lacks legal capacity, if at any time the President is not satisfied the individual who made the complaint is acting in the best interests of the individual or retains the confidence of the individual on whose behalf the complaint was made, the President may—

appoint another individual to act in that behalf, or

decline the complaint.

The regulations may provide for matters that may be taken into consideration by the President in making a decision under subsection (3).

If the President declines a complaint under subsection (3)(b), the President must advise the complainant, by written notice—

that the complaint has been declined, and

of the complainant’s rights under section 27.

Before a complaint may be made by a representative body as referred to in section 9(1)(c), the representative body must satisfy the President that—

each individual on whose behalf the complaint is made consents to the complaint being made by the body on the individual’s behalf, and

the body has a sufficient interest in the complaint, that the conduct that constitutes the alleged contravention is a matter of genuine concern to the body because of the way conduct of that nature adversely affects, or has the potential to adversely affect—

the interests of the body, or

the interests or welfare of the group of individuals the body represents or purports to represent.

The President may require a representative body that has made a complaint to nominate an individual to appear for the representative body in conciliation proceedings about the complaint.

The President may assist an individual to make a complaint.