Page 2254 - Week 07 - Thursday, 27 August 2020
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One of the strongest responses that we heard after introducing this bill was surprise and disbelief that such practices were not already outlawed here in the ACT. We know that practices that purport to change sexuality and gender identity do not work and that they do so much harm.
Many survivors of these practices have struggled to overcome the legacy of these failed attempts to, so called, cure them. They have to fight to overcome the damage in self-hatred that these practices instil and to develop real and meaningful intimate relationships. Conversion practices are harmful and have no place in our inclusive and accepting community.
It is clear that the tide is turning on these outdated practices and we are proud to be at the forefront of these reforms. Queensland has also just passed laws prohibiting conversion practices in the context of health services. This was an important step. I am proud to say that our laws go further and address the broader context in which these practices can occur. That does not, however, mean to say that we do not believe that further work can and should occur for us in the ACT beyond today’s passage of this important bill.
Survivors have told us that it is less common these days that conversion practices occur in the context of professional health services. Most professional registration bodies recognise the harm that these practices cause, and it would be a violation of many professional standards to claim to be able to change someone’s sexuality or gender identity. These practices can easily occur in less formal contexts outside mainstream health services, and that is why our laws are not limited to regulating conversion practices in those services.
In considering how to best address conversion practices, we looked at models elsewhere. We took advice from survivors about their experiences and about where these practices are occurring. We were also very conscious to ensure that our laws would not unreasonably limit religious freedom, which is protected under our ACT Human Rights Act, or impinge on the ability for our community to access legitimate health services that support individuals with issues relating to their sexuality and gender. That is why the government will be proposing amendments to the bill to explicitly note that this legislation does not impinge on existing rights to religious belief.
One of the ways that we can make sure that our laws are sensible and targeted is by focusing on practices that try actively to change sexuality or gender identity rather than a broader scope of practices or teachings that might relate to how an individual expresses their sexuality or identity, particularly in a religious context. As the Chief Minister has reported to the scrutiny committee, the definition of conversion practices is intended to cover practices that actively seek to change the sexuality or gender identity of a person. It is not intended that mere expression of religious tenets or beliefs relating to sexuality or gender identity would constitute a conversion practice, nor would failing to provide support to a person, although we recognise the harm that may arise from this if the support is to suppress or deny sexuality or gender identity.
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