The SA government has passed legislation banning gay conversion practices.
Under the new law, people convicted of causing serious harm to LGBTIQA+ individuals by attempting to change their sexual orientation or gender identity will face a penalty of up to five years’ jail.
People convicted of transporting or arranging to have someone taken interstate – or engaging a person from outside SA to provide a conversion practice – may face up to three years’ jail, a $15,000 fine or both.
“I am proud we have been able to outlaw this practice and better protect the many and diverse members of our LGBTIQA+ community across South Australia,” attorney general Kyam Maher said.
“It’s a true demonstration of how inclusive our community is that state parliament has been able to act on this important issue. I thank all those survivors, advocates and faith leaders who have engaged with the government on this issue over the past several years.”
Modelled on similar legislation in other jurisdictions, the law clarifies that discussions between parents and their children – as well as general expressions of religious belief – are not considered conversion practices.
Health practitioners who, in their reasonable professional judgement provide appropriate care, consistent with their professional obligations are also exempt from the law.
Despite opposition from advocacy groups, the legislation requires that a conversion practice consist of more than one event or occur on more than one occasion.
Advocates argue this may limit the application of the ban to common forms of conversion practices – such as a referral to a program or prayer group, the provision of self-help material, or even a single incident of violence.
“While the law is not perfect, it is an important step forward and thousands of vulnerable LGBTQA+ South Australians will now be protected from the lifelong pain these practices cause,” Anna Brown – CEO of national advocacy organisation Equality Australia – said.
“We will continue advocating to ensure every gap in this law is closed and the scheme is strengthened into the future,” she added.
Brown also congratulated SA Rainbow Advocacy Alliance who worked to improve the legislation and praised survivor advocates for their “bravery and resilience”.
“This is a moment of great pride and hopefully some healing for those brave survivors and advocates who fought long and hard for this, and in doing so, made South Australia a better place for future generations,” she said.
South Australia now joins Victoria, the ACT, and most recently NSW where a ban was passed with support from across the parliament. Queensland also has a ban on conversion practices in health settings, while Tasmania and Western Australia have committed to reforms.
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