10 Sept 2024 - National LGBTIQ+ group Equality Australia has joined with survivors to cautiously welcome a bill banning conversion practices in South Australia.
But they say more work needs to be done before the LGBTQA+ community is properly protected from practices that intend to change or suppress a person’s sexual orientation or gender identity.
SA Attorney General Kyam Maher today announced the bill would be introduced to parliament on Wednesday.
“We stand with survivors in welcoming this bill and we urge all parliamentarians to seize this chance to put an end to these damaging practices which have no place in modern Australia,” said Equality Australia CEO Anna Brown.
“We are not broken, disordered or in need of fixing, and we don’t need to be anything other than who we are.”
Ms Brown outlined the community’s concerns about the bill, including the inability for third parties to bring complaints on behalf of survivors and the requirement that these practices occur more than once before they are captured by the ban.
“This bill is a good starting point, but it ignores the fact that it can only take one event to cause pain that lasts a lifetime, while also expecting survivors to bear the burden of enforcing this ban alone,” she said.
Ms Brown called on parliamentarians to pass the bill and work closely with survivors to ensure all LGBTQA+ people are properly protected and supported, saying South Australia was one of the last places in the country to outlaw conversion practices.
“Too many people have had lives cut short because of the damage done to them by practices which have denied their humanity and violated their basic human rights,” she said.
Last year, Australia’s peak medical body called on state and territory governments to implement bans, with the AMA saying conversion practices caused significant harm and have no scientific basis or medical benefit.
Legislation has already been passed in Victoria, the ACT, and most recently in NSW where the ban received support from across the parliament. Queensland has a ban on conversion practices in health settings, while Tasmania and Western Australia have committed to reforms.
Leeann Friday, Chair of SA Rainbow Advocacy Alliance (SARAA):
“This is a historic moment for our community, and I would like to pay tribute to the survivors who have bravely told their stories and fought long and hard for this.
“We know there is further work to do to improve this legislation and stop conversion practices, and we will keep pressure on the government to ensure it finishes the job.
“This bill tells LGBTQA+ people around this state they don’t need to change to be loved and that everyone has a right to live free of harmful practices that seek to change who they are.
“We look forward to the day when every member of our community can live safely and comfortably as who they truly are.”
CEO of Ambassadors & Bridge Builders International (ABBI), Anthony Venn-Brown:
"It’s encouraging to see the South Australian government planning to follow other states in protecting vulnerable LGBTQ+ individuals from so-called conversion ‘therapy’.
“One crucial lesson learnt from other states is that the voices of survivors provide the most valuable insights for shaping effective legislation.
“Their lived experiences are essential in ensuring that the laws are practical, protective, and, most importantly, safeguard future LGBTQ+ youth from these harmful, discredited practices. By prioritizing their guidance, we can prevent further trauma and avoid losing more lives to such outdated and dangerous interventions."
Conversion practice survivor and spokesperson for SOGICE Survivors, Chris Csabs:
“This is the first step towards a bill to ban conversion practices. We are hopeful that the government will utilise the extensive survivor-led research and expertise of survivor advocates to make the required changes that will ensure truly protective legislation.”
Background
We understand that the bill:
- Defines LGBTQA+ conversion practices as those are directed at an individual based on their sexual orientation or gender identity, and seeking to change or suppress it.
- Unnecessarily, limits the definition of conversion practices to those that occur more than once, failing to prevent the harm that can be caused by single traumatic events.
- Clarifies that LGBTQA+ conversion practices do not include:
- appropriate clinical care
- genuinely facilitating an individual’s coping skills, development or identity exploration (including parents discussing matters with their children)
- religious expressions (including in prayer) that are not directed at changing or suppressing an individual’s sexual orientation or gender identity.
- Criminalises intentional conduct that results in substantial physical or mental harm, or which involves taking people outside SA to engage in conduct that would otherwise be prohibited in SA.
- Puts in place a complaints mechanism so that people who suffer conversion practices can seek justice, compensation or orders preventing the practices continuing.
- Gives the Commissioner for Equal Opportunity powers to institute inquiries, provide education and conduct research into conversion practices.
- Does not include a third-party reporting mechanism, one of the key preventative measures identified by expert survivor advocates.
Media contacts: Emily Mulligan, 0411 207 633, emily.mulligan@equalityaustralia.org.au