Sexuality and Gender Identity Conversion Practices
Since March 2021 sexuality and gender identity conversion practices have been banned in the ACT. If you have been subjected to a sexuality or gender identity practice, or you believe sexuality or gender identity conversion practices are occurring in the ACT, you can contact the Commission to discuss those concerns.
The Commission can accept a complaint if a person has been subjected to sexuality or gender identity conversion practices in the ACT.
If you are concerned that sexuality or gender identity conversion practices are occurring in the ACT you can contact us anonymously or confidentially to discuss your concerns with us.
In the ACT a sexuality or gender identity conversion practice means a treatment or other practice the purpose, or purported purpose, of which is to change a person’s sexuality or gender identity.
In the ACT a sexuality or gender identity conversion practice does not include a practice the purpose of which is to:
- assist a person who is undergoing a gender transition; or
- assist a person who is considering undergoing a gender transition; or
- assist a person to express their gender identity; or
- provide acceptance, support or understanding of a person; or
- facilitate a person’s coping skills, social support or identity exploration and development.
This includes:
- diagnosis and assessment of a person with gender dysphoria or gender non-conforming behaviour or identity
- support for a person with social adjustments related to gender dysphoria
- gender-affirming hormone treatment
- other gender transition services, for example, speech pathology services for a transgender or gender-diverse person who wishes to alter their voice and communication to better align with their gender identity
- support for a person exploring and expressing their sexuality
A sexuality or gender identity conversion practice does not include a practice by a health service provider that, in the provider’s reasonable professional judgment, is necessary to—
- provide a health service in a manner that is safe and appropriate; or
- comply with the provider’s legal or professional obligations.
In the ACT it as an offence to perform a sexuality or gender identity conversion practice on a protected person, that is a child or a person who has impaired decision making ability in relation to their health or welfare.
It is important to note that under the Human Rights Act 2004, at s 14, a person has the right to freedom of thought, conscience and religion, including the freedom to demonstrate their religion or belief in worship, observance, practice and teaching, either individually or as part of a community and whether in public or private. It is not intended that a mere expression of a religious tenet or belief would constitute a sexuality or gender identity conversion practice.