Conversion Practices Prohibition Legislation Act 2022

If you need more information about this Act, please contact the administering agency: Ministry of Justice
5 Meaning of conversion practice

(1)

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

(a)

is directed towards an individual because of the individual’s sexual orientation, gender identity, or gender expression; and

(b)

is done with the intention of changing or suppressing the individual’s sexual orientation, gender identity, or gender expression.

(2)

However, conversion practice does not include—

(a)

any action that a health practitioner takes when providing a health service if the health practitioner—

(i)

considers in their reasonable professional judgement it is appropriate to take that action; and

(ii)

complies with all legal, professional, and ethical standards when taking the action; or

(b)

assisting an individual who is undergoing, or considering undergoing, a gender transition; or

(c)

assisting an individual to express their gender identity; or

(d)

providing acceptance, support, or understanding of an individual; or

(e)

facilitating an individual’s coping skills, development, or identity exploration, or facilitating social support for the individual; or

(f)

the expression only of a belief or a religious principle made to an individual that is not intended to change or suppress the individual’s sexual orientation, gender identity, or gender expression.

Examples of conversion practices

The following are examples of a conversion practice if each practice, sustained effort, or treatment described is directed towards an individual because of that individual’s sexual orientation, gender identity, or gender expression:

  • using shame or coercion intending to give an individual an aversion to same-sex attractions or to encourage gender-conforming behaviour:

  • encouraging an individual to believe that their sexual orientation, gender identity, or gender expression needs changing because it is a defect or disorder:

  • carrying out a prayer-based practice, a deliverance practice, or an exorcism intending to change or suppress an individual’s sexual orientation, gender identity, or gender expression.

Compare: Public Health Act 2005 s 213F (Qld); Sexuality and Gender Identity Conversion Practices Act 2020 s 7 (ACT); Change or Suppression (Conversion) Practices Prohibition Act 2021 s 5 (Vic)