Gay conversion practices are now banned in NSW and SA

A ban on LGBTQA+ conversion practices (sometimes known as “conversion therapy”) came into effect in NSW today.

South Australia rolled out a similar ban earlier this week.

It means practices aimed at changing or suppressing a person’s sexual orientation or gender identity are now illegal in both states.

Evidence suggests survivors of these practices commonly experience complex trauma and post-traumatic stress disorder.

Conversion

Conversion practices have historically been used as an attempt to suppress or change the identity of LGBTQA+ people.

Around 10% of LGBTQA+ Australians are vulnerable to conversion practices, according to a 2018 report by the Human Rights Law Centre and La Trobe University.

A bill to outlaw the practice passed NSW Parliament in March 2024.

NSW ban

The NSW Government said it consulted with victim-survivors of conversion therapies, along with concerned faith-based groups, in developing the law.

Sentences under the law include civil and criminal penalties, such as fines or jail time.

From today, government agency Anti-Discrimination NSW can also investigate complaints about conversion practices.

Taking someone out of the state for gay conversion practices carries a jail sentence of up to three years, and/or a fine of up to $11,000.

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SA ban

SA’s reforms, modelled after NSW, came into effect earlier this week.

LGBTQA+ advocates criticised some elements of this legislation, including the requirement that these practices occur more than once to be captured by the ban.

Equality Australia CEO Anna Brown said the group would “continue advocating to ensure the scheme is strengthened,” including to allow friends and family to file complaints on behalf of victim-survivors. Brown said this change was planned “as part of a broader overhaul in the near future”.

Exemptions

The legislation in both states includes exemptions to ensure medical professionals can continue providing gender-affirming treatment to transgender people.

They also include exemptions protecting family discussions about a child’s sexual orientation or identity, and “general” religious beliefs and teachings.