South Australia is the latest state to ban conversion therapy

Conversion practices aiming to change or suppress a person’s sexual orientation or gender identity are set to be banned in SA.

Under proposed laws set to be introduced to the state parliament this week, perpetrators who cause serious harm to their victim face up to five years in jail.

The proposed laws would also allow victims of conversion practices to bring a complaint to the Equal Opportunity Commissioner, with enforceable remedies ultimately available through the South Australian Civil and Administrative Tribunal.

Individuals who either try to take – or arrange to have someone taken – from the state for this purpose would face up to three years in jail, a fine of up to $15,000, or both.

SA follows Queensland, Victoria, the ACT and NSW in banning these practices.

Equality Australia ‘cautiously’ welcomes bill

Equality Australia CEO Anna Brown said she welcomed the bill and urged all parliamentarians to “seize this chance to put an end to these damaging practices which have no place in modern Australia”

“We are not broken, disordered or in need of fixing, and we don’t need to be anything other than who we are.”

However, Ms Brown also outlines 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.

Bill ‘falls short’

SOGICE Survivors added that the proposed South Australian bill falls short of the standard set by the survivor-led model adopted in Victoria.

They added that the 12-month window for complaints under the current Equal Opportunity Commissioner’s powers in SA is also problematic.

“This means that victim-survivors will have to report conversion practices themselves or nominate someone to do so. In the vast majority of cases, survivors take years to build the confidence and awareness required to seek justice,” a SOGICE Survivors spokesperson said.

“For most, particularly children, people with disability, and anyone still participating in practices, third party reporting is the primary method for preventing direct harm.”

SOGICE Survivors said that due to their concerns, they could not support the bill “as is”, but were hopeful the government would listen to recommendations from survivors and make the necessary amendments.