Page 2224 - Week 07 - Thursday, 27 August 2020
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a heterosexual or cisgender identity. These conversion practices can be incredibly damaging to a person who is simply trying to be themselves the way they were born—not broken, just themselves.
These damaging practices undermine a person’s identity and sense of self-worth, with links to depression, self-harm and even suicide. Aside from being incredibly damaging, because people cannot be changed from who they fundamentally are, conversion practices are also ineffective.
The bill defines conversion practices to mean a treatment or other practice the purpose or purported purpose of which is to change a person’s sexuality or gender identity. There are also a number of exceptions to the definition which I will touch on in a minute.
The bill is directed at particular practices and not particular ideologies. The bill clarifies that practices that operate to support or affirm an individual’s identity and choices are not included. The bill also clarifies that practices aimed at providing acceptance, support or understanding of a person are not conversion practices. The prohibition covers all people who undertake conversion practices with criminal penalties attached to undertaking these practices in specific circumstances. Civil liability is attached to all people who undertake conversion practices.
This bill does not restrict religions preaching the tenets of their faith but restricts practices that objectively cause harm by actively trying to change an individual’s sexuality or gender identity. Prohibition of conversion practices is to be enforced through the ACT Human Rights Commission, which will be able to consider complaints and undertake conciliation of issues where appropriate.
An individual who has chosen to be subject to conversion practice can make their own choice as to whether to make a complaint about the practice. Only a person aggrieved, or their agent, can bring a complaint, or the commission may conduct a commission-initiated consideration into a matter.
The complaints mechanism through the ACT Human Rights Commission is designed to help build understanding between those undertaking conversion practices and those that are subject to them and help to educate on the harm caused by conversion practices. This approach recognises that many who practise conversion practices have also been the subject of them in the past and that individuals the subject of them live and practise within the same faith communities.
The ACT government recognises that preventing conversion practices requires more than just legal change; it is necessary to help create cultural change through improving broader education and understanding that these practices are wrong and cause great harm. In recent years there has been greater community awareness of conversion practices, particularly as inclusivity has flourished. In a place like Canberra it makes sense that we would seek to ensure that these practices can never happen in our inclusive city.
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