Claims bill to ban gay conversion therapies doesn’t go far enough to protect LGBTIQA+ Tasmanians

Activists seeking a ban on gay conversation practices say a long-awaited draft government bill is little more than a token effort.

Rodney Croome from Equality Tasmania speaks to the media on parliament Lawns on Thursday, November 24, 2022.

Activists seeking a ban on gay conversation therapy say a long-awaited draft government bill is little more than a token effort.

The state government has repeatedly promised changes to the law to ban the discredited pseudomedical practice of attempting at changing a person’s sexual orientation or gender identity.

A draft bill was released for public comment just after parliament rose for the year this week – 18 months after a Tasmanian Law Reform Institute report recommending reform.

Rodney Croome from Equality Tasmania said the bill did not go far enough to stop conversion practises altogether.

“The bill will allow conversion practices to continue, both in health and religious settings, under the guise of ill-defined terms like ‘support’, ‘assistance’, ‘care’ and ‘guidance’,” he said.

“It will also allow conversion practices if there is ‘consent’, despite the fact that it is impossible to consent to a ‘treatment’ that doesn’t work for a ‘condition’ that doesn’t exist”.

“Another problem is that in the other states most conversion practices are caught under civil law, not criminal, but in this bill there are no civil penalties so it is less likely conversion practitioners will be held to account.”

“These are the holes conversion practitioners will crawl through so they can continue to inflict their cruel and discredited ‘therapies’.”

Attorney-General Guy Barnett said the government was determined to provide a safe and inclusive community for LGBTIQA+ people.

Rodney Croome from Equality Tasmania.

“The Justice Miscellaneous (Conversion Practices) Bill 2024 makes amendments to the Health Complaints Act 1995 and the Police Offences Act 1935 to give effect to the Government’s commitment to ban conversion practices in Tasmania,” he said.

A conversion practice, as defined in the Bill, is a practice that attempts to change or eradicate the sexual orientation or gender identity of another person.

“However, the Bill contains several important exclusions,” Mr Barnett said.

“For example, practices by health service providers that are clinically appropriate and/or in compliance with professional obligations, as well as more general actions such as providing support or understanding to another person, are not conversion practices for the purposes of this Bill.

“Given the evidence available nationally and internationally, the legislation will not restrict supportive care, guidance, or mentoring of a child by a parent or guardian.”

“As outlined, the Bill specifically provides that expression of a belief or opinion alone is not a conversion practice.”

He said the government was working to balance the needs of LGBTIQA+ Tasmanians with freedom of religion and the right for all people to express their personal faith, beliefs, and values, including for the purposes of making contributions to public policy debates.

Public consultation on the draft Bill closes on February 16.