Faith leaders challenge draft NSW gay conversion bill

Church leaders and psychiatrists have warned that a draft bill prohibiting gay conversion therapy in NSW must avoid the ‘mistakes’ of Victorian laws.

NSW independent MP Alex Greenwich. Picture: AAP

Church leaders and psychiatrists say a draft bill prohibiting gay conversion therapy in NSW must avoid the “mistakes” and “severe sanctions” of widely criticised Victorian laws, as religious figures questioned the need for proposed changes.

Anglican Bishop Michael Stead has challenged Andrew Greenwich, arguing he is unaware of any religious group that practises reparative therapy in Australia, after the independent MP vowed to introduce a private member’s bill to end gay conversion therapy.

A draft bill to end the practice in NSW is to be released by Mr Greenwich next week after Labor leader Chris Minns earlier this week threw his support behind banning gay conversion therapy.

Bishop Stead said the Anglican Church rejected “quasi-medical or pseudo-spiritual ‘cures’ ”, but clinicians in NSW were already required to comply with ethical standards that disallowed conversion practices.

He said Mr Greenwich had previously stated that multiple organisations practised “reparative therapy”, but none of the institutions he listed continued to be in operation today. “There is therefore no evidence that warrants legislation that targets religious activities,” Bishop Stead said.

Mr Greenwich on Wednesday told The Australian he had recently been approached by people who told him how “their church sent them to a psychiatrist to be put through conversion prac­tices” or how parents sent them overseas to undergo conversion practices.

In a preview of the draft bill, Mr Greenwich said it would allow for investigations and potential referrals to the Health Care Complaints Commission, the Om­buds­man or in the case of injury or harm, NSW police.

“The bill also has extra­territorial powers to address the practice of parents sending their kids overseas for change or suppression practices,” he said.

Mr Greenwich said the draft proposal would seek to build on the “survivor-led Victorian model” which focused on a “civil response to complaints”, including mediation and education.

Faith leaders and psychiatrists say the draft bill will require further scrutiny before it is debated in parliament. “The indication that Chris Minns will support some form of ban on conversion therapy, as well as a pledge from Alex Greenwich, will need further scrutiny to ensure such laws are targeted only at harmful practices, and do not criminalise the provision of pastoral care to those who experience same-sex attraction,” Bishop Stead said.

“We do not support legislation, such as that enacted in Victoria, that criminalises prayer and other spiritual support for a person.”

In 2021, a bill to criminalise gay conversion practices in Victoria included penalties of up to 10 years in jail and maximum fines of $10,000 for anyone caught trying to suppress or change someone’s sexuality. At the time it was widely criticised by faith leaders and some medical bodies, including the Victorian branch of the Australian Medical Association, which said the legislation was too broad and sanctions too severe.

Patrick McGorry, director of mental health organisation Orygen, described conversion therapy as “dangerous and without scientific basis”, but noted the NSW legislation should be “proportional to the crime” and not enact “extreme measures that might be counter-productive”.

Professor McGorry encouraged Premier Dominic Perrottet to support the bill and make his position public. “I respect the Premier’s personal beliefs but he must understand that this is a human rights issue.”

While supportive of a ban, NSW AMA president Michael Bonning said he wanted to “ensure the bill does not limit supportive treatments from health practitioners”.

Gay conversion therapy has been banned in Victoria, the ACT and Queensland, with proposed legislation under way in Western Australia. It is understood Mr Greenwich will introduce the Conversion Practices Prohibition Bill to NSW parliament in May.