As of 17 February 2022, the Change or Suppression (Conversion) Practices Prohibition Act 2021 passed by the Victorian government comes into effect, criminalising any practices aiming to change or suppress someone’s sexual identity or gender orientation.
The legislation comes into force two days after a near-unanimous vote in New Zealand saw very similar legislation passed.
It also coincides with the fiercely debated and controversial Religious Discrimination Bill 2022 tabled by the Federal government recently, which was shelved in the Senate despite passing the House of Representatives.
Minister for Equality Martin Foley said the legislation addresses an issue allowed to persist for far too long.
“These insidious practices have been allowed to ruin lives under the guise LGBTIQIA+ people are broken and need to be fixed,” Mr Foley said.
“That stops today.”
From 17 February 2022, offenders face tough penalties of up to 10 years’ jail change or suppression practices that cause serious injury.
Attorney-General and Member for Northern Victoria Jaclyn Symes said the laws send a clear message these practices will not be tolerated in Victoria.
“Change or suppression practices are deeply harmful and total quackery – they must be stamped out,” she said.
“We’ll always have the LGBTIQIA+ community’s back – now the law does too.”
It doesn’t stop at those who commit the acts, however, as anyone who advertises change or suppression practices faces a maximum fine of almost $10,000 while taking a person from Victoria to subject them to such a practice which causes injury attracts a maximum penalty of two years’ jail.
Founding CEO Micah Scott of Minus18, a foundation championing and campaigning for LGBTQIA+ youth for the past 13 years, responded to Star Mail about the impact the legislation will have.
He said the new laws will give young people, their families, and the LGBTQIA+ community the confidence to engage in support and their identity in the knowledge their best interests are at heart.
“Coming to accept sexuality or gender identity is an incredibly delicate time in anyone’s life, particularly for a young person who is seeking help from a professional,” Mr Scott said.
“We are in touch with countless young people at Minus18 who have been subjected to suppressive practices from a professional that caused them to believe their sexuality or gender identity is wrong and needs to be fixed. The shame and mental harm caused by this is deep and long-lasting.”
The reforms were in accordance with findings from the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), which consulted survivors and those who faced traumatic experiences because of their sexuality or gender identity.
VEOHRC’s civil response scheme will support survivors, address the harm they have endured and launch investigations where there is evidence of serious or systemic change or suppression practices. Part of this process will be educating the public about the ban in an attempt to shift the culture surrounding conversion practices.
The Change or Suppression (Conversion) Practices Prohibition Act 2021 is a part of the Victorian government’s LGBTIQIA+ Strategy, which sets out a 10-year plan to improve outcomes for the community across the state, making it easier to change the gender on birth certificates, and closing gaps in the Equal Opportunity Act to protect LGTBQIA+ staff from discrimination in religious schools and organisations.
