Victoria’s Parliament recently passed a Bill banning 'Conversion Practices', following similar legislation in Queensland and the ACT that criminalises ‘Conversion Practices’ that target LGBTQI+ people.
Here’s what schools need to know.
As at 9 February 2021, the new laws have commenced in Queensland but not yet commenced in the ACT or Victoria.
A ‘conversion practice’ is a practice that attempts to change or suppress a person’s sexual orientation or gender identity. It is sometimes referred to as ‘conversion therapy’ or a ‘change or suppression practice’.
The Queensland laws provide these examples of a conversion practice:
Across the three jurisdictions (ACT, Qld and Vic), the laws are slightly different.
From 4 March 2021, a person commits an offence if they perform a conversion practice on a “protected person” (a child or a person who has an impaired decision-making ability). It is also an offence to remove a protected person from the ACT for the purpose of performing a conversion practice on them.
The maximum penalty for both offences is 12 months imprisonment or a $24,000 fine or both.
Points to note about the ACT offences:
From 20 August 2020, it is an offence for a health service provider to perform conversion therapy on another person.
If the conversion therapy was performed on a “vulnerable person” (such as a child or adult with impaired capacity) the maximum penalty for the offence is a $20,000 fine or 18 months imprisonment. Otherwise, the maximum penalty is a $13,000 fine or 12 months imprisonment.
Points to note about the Queensland offence:
The Victorian laws will make it an offence if:
The penalties for this offence vary depending on the seriousness of the injury. For causing “injury” the maximum penalty is five years imprisonment, a fine of almost $100,000, or both. The maximum penalty for causing “serious injury” is 10 years imprisonment, a fine of almost $200,000, or both.
“Injury” in this context includes physical and mental harm. A “serious injury” is an injury (including the cumulative effect of more than one injury) that endangers life, is substantial and protracted, or results in the destruction of the foetus of a pregnant woman, whether or not the woman suffers any other harm.
The legislation also specifies that a body corporate can be guilty of the offence, in which case the maximum penalty is a fine of almost one million dollars.
Under the law, it would also be an offence to take someone out of Victoria for the purpose of a conversion practice (or to arrange for someone else to take the person out of Victoria). But this is only an offence if the recipient suffers injury and the person who sent them out of Victoria was negligent. The maximum penalty here is two years imprisonment, a fine of about $40,000, or both. The fine is bigger for corporate offenders.
Finally, under the law, it would be an offence to advertise a conversion practice. Maximum penalty for this offence is a fine of about $10,000 for a person and about $50,000 for a body corporate.
Points to note about the Victorian offences:
The new (and forthcoming) criminalisation of conversion practices may affect the reporting obligations of school staff. Staff already have a legal obligation to report suspicions of child abuse, neglect and other harm. This usually involves reporting to one or more of: the state/territory child protection department, police, the principal.
Once the new conversion practice laws commence, staff reporting obligations may include the obligation to report a suspicion that a child is being subjected to conversion practices. Staff who fail to report may find themselves subject to legal penalties.