LGBTQ+ conversion practices will be banned in NSW from Friday, following the passage of legislation that sought to prevent the conduct in March last year.
The Conversion Practices Ban Act 2024 came into effect at midnight, prohibiting efforts to change or suppress a person’s sexual orientation or gender identity by introducing criminal offences for delivering or arranging such conduct.
The legislation was developed after consultation with more than 150 stakeholders, including representatives from the health, education, legal and government sectors, as well as faith groups and LGBTQ+ advocates.
“These important laws, that are the strongest in the country, send a powerful message to LGBTQ people that NSW loves and celebrates you, and anyone who cruelly seeks to change who you are is breaking the law,” said independent Sydney MP Alex Greenwich.
Greenwich, who is openly gay, was a key player in the introduction of the laws and worked with the government on the legislative framework.
“LGBTQ people of faith should feel comfort that their sexuality and religious beliefs should not be in conflict,” he said.
“A person’s faith and sexuality are both so defining and close to the soul. These laws send a clear message that they should not be incompatible.”
Under the bill, a conversion practice is defined as an act “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”.
However, the law also states that conversion practices, also known as “conversion therapy”, do not include the expression of a belief or principle, including in prayer, or expressing that such a belief or principle should be followed. This ensures religious groups may continue to preach their doctrines without it being labelled conversion therapy.
A person found to have engaged in conversion practices can face up to five years in prison, including for taking someone out of NSW to subject them to the conduct.
Opponents of conversion therapy say it causes real and significant harm to members of the LGBTQ+ community.
“Everyone deserves to be respected for who they are,” said NSW Attorney-General Michael Daley.
“There is nothing ‘wrong’ with LGBTQ+ people. They do not need ‘fixing’ or to be ‘saved’.”
NSW Health Minister Ryan Park echoed Daley’s comments, describing the practices as deeply harmful and carrying long-term consequences.
“I want to thank the many individuals and groups who engaged with the Government on this legislation, to make this ban a reality.”
The legislation also establishes a civil complaints scheme to be administered by government agency Anti-Discrimination NSW.
The agency’s acting president, Chris D’Aeth, said it would investigate reports of conversion practices.
“Formal complaints about conversion practices may lead to conciliation between the people involved,
targeted education or further investigation,” D’Aeth said.
He added that the agency had developed a range of resources and would deliver information sessions to educate the public about the new law.
“We can also guide individuals towards resources and support services for ongoing healing and assistance in navigating any challenges related to their experience,” D’Aeth added.
Gay Sydney News reporter