Whole Act
58 provisions in continuous reading order
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The main purposes of this Act are—
to denounce and prohibit change or suppression practices; and
to establish a civil response scheme within the Victorian Equal Opportunity and Human Rights Commission that will—
promote understanding of the prohibition on change or suppression practices under this Act and matters relating generally to change or suppression practices; and
consider and resolve reports of change or suppression practices; and
investigate serious or systemic change or suppression practices; and
to prohibit engaging in change or suppression practices, including through creating offences in relation to engaging in change or suppression practices and certain related activities; and
to amend the definitions of sexual orientation and gender identity in the Equal Opportunity Act 2010; and
to include sex characteristics as a protected attribute under the Equal Opportunity Act 2010; and
to make consequential amendments to certain Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it comes into operation on the day after the end of that period.
The objects of this Act are—
to eliminate so far as possible the occurrence of change or suppression practices in Victoria; and
to further promote and protect the rights set out in the Charter of Human Rights and Responsibilities; and
to ensure that all people, regardless of sexual orientation or gender identity, feel welcome and valued in Victoria and are able to live authentically and with pride.
In enacting this Act, it is the intention of the Parliament—
to denounce and give statutory recognition to the serious harm caused by change or suppression practices; and
to affirm that a person's sexual orientation or gender identity is not broken and in need of fixing; and
to affirm that no sexual orientation or gender identity constitutes a disorder, disease, illness, deficiency or shortcoming; and
to affirm that change or suppression practices are deceptive and harmful both to the person subject to the change or suppression practices and to the community as a whole.
In this Act—
associate, in relation to a body corporate, means the following—
an employee or agent of the body corporate to the extent that the employee or agent is acting within the actual or apparent scope of their employment or within their actual or apparent authority;
an officer of the body corporate;
Australian Health Practitioner Regulation Agency means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;
board of directors means the body (by whatever name called) exercising the executive authority of a body corporate;
change or suppression practice has the meaning given by section 5;
Chief Commissioner of Police means the Chief Commissioner within the meaning of the Victoria Police Act 2013;
Commission has the same meaning as it has in the Equal Opportunity Act 2010;
Commissioner has the same meaning as it has in the Equal Opportunity Act 2010;
compliance notice means a compliance notice issued under section 45(1);
corporate culture of a body corporate means an attitude, policy, rule, course of conduct or practice existing within the body corporate or within a part of the body corporate, as the case requires;
Director of Public Prosecutions means the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975;
enforceable undertaking means an undertaking accepted under section 43;
gender identity has the same meaning as it has in the Equal Opportunity Act 2010;
Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;
health service has the same meaning as it has in the Health Practitioner Regulation National Law;
health service provider has the same meaning as it has in the Health Practitioner Regulation National Law;
IBAC means the Independent Broad-based Anti-corruption Commission established by the Independent Broad-based Anti-corruption Commission Act 2011;
injury has the same meaning as it has in section 15 of the Crimes Act 1958;
investigation means an investigation under section 34;
officer, in relation to a body corporate, means an officer (as defined by section 9 of the Corporations Act) of the body corporate to the extent that the officer is acting within the actual or apparent scope of their employment or within their actual or apparent authority;
Ombudsman means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973;
organisation means an unincorporated body or association, whether the body or association—
is based in or outside Australia; or
is part of a larger organisation;
person affected by a change or suppression practice means a person towards whom a change or suppression practice is being, or has been, directed;
police officer has the same meaning as it has in the Victoria Police Act 2013;
produce includes permit access to;
protected information has the meaning given by section 50;
serious injury has the same meaning as it has in section 15 of the Crimes Act 1958;
sexual orientation has the same meaning as it has in the Equal Opportunity Act 2010;
Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
Victoria Police has the same meaning as in the Victoria Police Act 2013;
Victorian Inspectorate means the Victorian Inspectorate established by the Victorian Inspectorate Act 2011.
In this Act, a change or suppression practice means a practice or conduct directed towards a person, whether with or without the person's consent—
on the basis of the person's sexual orientation or gender identity; and
for the purpose of—
changing or suppressing the sexual orientation or gender identity of the person; or
inducing the person to change or suppress their sexual orientation or gender identity.
For the purposes of subsection (1), a practice or conduct is not a change or suppression practice if it—
is supportive of or affirms a person's gender identity or sexual orientation including, but not limited to, a practice or conduct for the purposes of—
assisting a person who is undergoing a gender transition; or
assisting a person who is considering undergoing a gender transition; or
assisting a person to express their gender identity; or
providing acceptance, support or understanding of a person; or
facilitating a person's coping skills, social support or identity exploration and development; or
is a practice or conduct of a health service provider that is, in the health service provider's reasonable professional judgement, necessary—
to provide a health service; or
to comply with the legal or professional obligations of the health service provider.
For the purposes of subsection (1), a practice includes, but is not limited to the following—
providing a psychiatry or psychotherapy consultation, treatment or therapy, or any other similar consultation, treatment or therapy;
carrying out a religious practice, including but not limited to, a prayer based practice, a deliverance practice or an exorcism;
giving a person a referral for the purposes of a change or suppression practice being directed towards the person.
For the purposes of subsection (1), a practice or conduct may be directed towards a person remotely (including online) or in person.
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
A contravention of this Act does not create any civil or criminal liability except to the extent expressly provided by this Act.
This section applies if—
a person engages in conduct outside, or partly outside, Victoria; and
there is a real and substantial link between the conduct and Victoria.
This Act has effect in relation to the conduct as if it had been engaged in wholly within Victoria.
For the purposes of subsection (1), there is a real and substantial link with Victoria if—
a significant part of the conduct occurs in Victoria; or
the conduct occurred wholly outside Victoria, but the effects of the conduct occurred wholly or partly in Victoria.
A person or organisation contravenes this Act if the person or organisation engages in a change or suppression practice.
Note
A contravention of this Act by a person or organisation may result in a report being made under Part 3, which sets out the civil response scheme.
A person (A) commits an offence if—
A intentionally engages in a change or suppression practice directed towards another person (B); and
the change or suppression practice causes serious injury to B; and
A is negligent as to whether engaging in the change or suppression practice will cause serious injury to B.
Penalty: In the case of a natural person, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;
In the case of a body corporate, 6000 penalty units maximum.
A person (A) commits an offence if—
A intentionally engages in change or suppression practices directed towards another person (B); and
any or all of the change or suppression practices, considered as a group, cause serious injury to B; and
A is negligent as to whether engaging in any or all of the change or suppression practices will cause serious injury to B.
Penalty: In the case of a natural person, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;
In the case of a body corporate, 6000 penalty units maximum.
A person (A) commits an offence if—
A intentionally engages in a change or suppression practice directed towards another person (B); and
the change or suppression practice causes injury to B; and
A is negligent as to whether engaging in the change or suppression practice will cause injury to B.
Penalty: In the case of a natural person, level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both;
In the case of a body corporate, 3000 penalty units maximum.
A person (A) commits an offence if—
A intentionally engages in change or suppression practices directed towards another person (B); and
any or all of the change or suppression practices, considered as a group, cause injury to B; and
A is negligent as to whether engaging in any or all of the change or suppression practices will cause injury to B.
Penalty: In the case of a natural person, level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both;
In the case of a body corporate, 3000 penalty units maximum.
A person (A) commits an offence if—
A takes another person (B) from Victoria, or arranges for B to be taken from Victoria; and
A intends that a change or suppression practice directed towards B will be engaged in outside Victoria (whether by A or another person); and
a change or suppression practice directed towards B is engaged in outside Victoria; and
the change or suppression practice causes injury to B; and
A is negligent as to whether the change or suppression practice will cause injury to B.
Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1200 penalty units maximum.
A person (A) commits an offence if—
A takes another person (B) from Victoria, or arranges for B to be taken from Victoria; and
A intends that change or suppression practices directed towards B will be engaged in outside Victoria (whether by A or another person); and
change or suppression practices directed towards B are engaged in outside Victoria; and
any or all of the change or suppression practices, considered as a group, cause injury to B; and
A is negligent as to whether any or all of the change or suppression practices, considered as a group, will cause injury to B.
Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1200 penalty units maximum.