South Australia
"Conversion Practices" Bill
What has happened with the Bill?
The South Australian Conversion Practices Prohibition Bill 2024 was introduced on 11 September 2024, and was passed on the 24 September after a truncated and rushed debate.
The new law is an improved version of the NSW legislation, which itself is a massive improvement over the Victorian model that seriously threatens religious freedom.
However, there are still some significant concerns about the Bill and the effect it could have on freedom of speech.
Do we need to ban "Conversion Practices"?
“Conversion Practice” bans are problematic because coercive and barbaric practices are already banned under existing legislation. Creating extra prohibitions specifically addressing this issue risks unintended consequences and infringes fundamental human rights.
Many faiths have strong beliefs about the nature of gender and sexuality – beliefs that have been held consistently for thousands of years. All people, including those belonging to faith communities, have the right to hold these beliefs, teach them, exhort others to live by them, require members of faith communities and organisations to follow them, and support and encourage those who voluntarily do so. The ability of a person to form their own convictions by consenting to adopt religious beliefs is fundamental to a free and open society.
The International Convention on Civil and Political Rights (ICCPR) enshrines the fundamental human rights of freedom of speech, freedom of association, and freedom of religion as core, inalienable rights. As a signatory to this covenant, Australia has a responsibility to protect these rights for all Australians in accordance with the ICCPR, which sets a very high standard for any laws that restrict these rights.
What is a "Conversion Practice"?
The Bill provides a short definition of “Conversion Practices”, and a more detailed description of what is not a “Conversion Practice”:
- In this Act, a conversion practice means a practice, treatment or sustained effort that consists of more than 1 event or occurs on more than 1 occasion, and that is—
- directed to an individual on the basis of the individual’s sexual orientation or gender identity; and
- directed to changing or suppressing the individual’s sexual orientation or gender identity.
- For the purposes of subsection (1), it is irrelevant whether a practice, treatment or sustained effort directed to an individual on the basis of the individual’s sexual orientation or gender identity is based on an incorrect assumption or belief about the individual’s sexual orientation or gender identity.
- A conversion practice does not include—
- a health service or treatment provided by a registered health practitioner that—
- the registered health practitioner has assessed as clinically appropriate in the registered health practitioner’s reasonable professional judgement; and
- complies with all relevant legal, professional and ethical requirements; or
- Examples of health services or treatments that do not constitute a conversion practice—
Any of the following health services or treatments assessed by a registered health practitioner as clinically appropriate—- genuinely assisting an individual who is exploring the individual’s sexual orientation or gender identity or considering or undergoing a gender transition;
- genuinely assisting an individual who is receiving care and treatment related to the individual’s gender identity;
- genuinely advising an individual about the potential impacts of gender affirming medical treatment.
- genuinely facilitating an individual’s coping skills, development or identity exploration to meet the individual’s needs, including by providing acceptance, support or understanding to the individual; or
- the use by a person, without more, of the following expressions:
- (i) an expression, including in prayer, of a belief or principle, including a religious belief or principle;
- (ii) an expression that a belief or principle ought to be followed or applied.
- a health service or treatment provided by a registered health practitioner that—
- (4) To avoid doubt, the following are examples of what does not constitute a conversion practice under this section:
- (a) stating what relevant religious teachings are or what a religion says about a specific topic;
- (b) general requirements in relation to religious orders or membership or leadership of a religious community;
- (c) general rules in educational institutions;
- (d) parents discussing, or providing guidance on, matters relating to sexual orientation, gender identity, sexual activity or religion with their children.
There are some significant concerns about how this definition will work in practice.
Definition of “suppression”
The term “suppression” is included in the definition of a conversion practice, however the term itself is not defined. “Suppression” has a wide semantic range. While the more common usage has an element of coercion or force, there are usages that could encompass a simple conversation, such as counselling a married, heterosexual man to not have an affair with another woman.
To be clearer, the Bill should provide a definition of “suppression” and not leave it up to the courts.
Ongoing religious teaching
The exemption for religious expressions (clause 4(3)(c)) includes the proviso “without more”, without specifying what the “more” is. This leaves open the possibility of interpreting the Act to mean that a single conversation with a consenting adult explaining a religious belief is not a conversion practice, but a second conversation, or supporting the person’s desire to live in accordance with that belief is illegal.
Application of rules
The bill proposes an example of an exception for ‘general requirements’ in relation to leaders and members of religious orders (but not other employees or volunteers). A separate example is provided for ‘general rules’ in schools. It is important to clarify that churches and schools may not only set general standards, but also apply them to individuals.
Weak protections for parenting
The protections for parents only cover, “parents discussing, or providing guidance …” to their children on issues relevant to the bill. Parents do far more than merely discuss or provide guidance as they raise their children, including setting family rules and behavioural standards. Furthermore, as noted above, this clarification is made in a non-binding statutory example. The right of parents to raise their children consistent with their moral and religious beliefs should be respected.
Consent
When an adult seeks assistance or support, the person from whom they are seeking support needs to be able to respond to the expressed needs. The bill should make clear that adults can consent to seeking the support they need.