NSW Up to 5 Years Jail for Conversion Practices That Cause Substantial Harm and New Civil Complaints Scheme for Compensation

Conversion Practices Ban Bill 2024

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Penny Sharpe MLC (ALP)

Effects of this bill

If this bill passes, it means that:

Adults who provide conversion practices to change or suppress someone's sexual orientation or gender identity face up to 5 years jail if the practice causes substantial harm or endangers a life, regardless of consent.
Adults who take someone out of NSW, or hire someone from outside NSW, to provide conversion practices face up to 3 years jail and a fine of up to $1,100, regardless of consent.
Entities that provide conversion practices to change or suppress someone's sexual orientation or gender identity can be reported through a civil complaints scheme.
People who have made a complaint about conversion practices can seek up to $100,000 in compensation, apologies, or court orders to stop the practice.
Board members, staff, and certain academics can be fined up to $1,100 for sharing protected information without permission.
People and entities must provide documents or attend meetings when asked by the President; failing to do so carries a fine of up to $1,100 for individuals or $5,500 for entities.
Anyone who obstructs or hinders the President, their staff, or Board members can be fined up to $1,100 for individuals or $5,500 for entities.

The Debate

What different members said when this bill was debated:

Stephen Lawrence ALP

“I support the Conversion Practices Ban Bill 2024. Members have all received a deluge of emails and letters about the bill and related issues. The strength of feeling in the community is mirrored here, where I know there are strong and conflicting views.”

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Natasha Maclaren-Jones LIB

“I speak in debate on the Conversion Practices Ban Bill 2024. Before the State election in March 2023, former Premier Dominic Perrottet made history as the first leader to pledge the passing of a law prohibiting damaging gay conversion therapy, should he be re-elected as Premier.”

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Mark Banasiak SFFP

“I contribute to debate on the Conversion Practices Ban Bill 2024. Today we are faced with debating the Government’s election commitment dilemma.”

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Susan Carter LIB

“We live in a society founded on mutual respect. Even if it does go without saying, it is important that it is said from time to time that all people—heterosexual, bisexual, homosexual, transsexual, asexual or wherever else one sits on the LGBTIQA+ rainbow—should be respected and have the right to live their lives in freedom and not be forced to change who they are.”

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Cate Faehrmann GRN

“I support the Conversion Practices Ban Bill 2024. I acknowledge the contribution of my Greens colleagues in this and the other place, including Dr Amanda Cohn, who led for The Greens in this debate.”

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Jacqui Munro LIB

“I speak in support of the Conversion Practices Ban Bill 2024. As has been foreshadowed by my colleague the Hon. Damien Tudehope, the Opposition will move amendments to strengthen the bill. When considering the bill, I was reminded of the first gay wedding I ever attended.”

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Rod Roberts IND

“I speak in debate on the Conversion Practices Ban Bill 2024, as a member of this House and as a parent. I oppose this bill as it intrudes on parental rights and places our children at the whim of their feelings and the whispers of leftist ideologues. Being a parent is not easy and it is getting harder.”

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Chris Rath LIB

“I contribute to debate on the Conversion Practices Ban Bill 2024. I start with a story about my uncle. Uncle Jeffrey is left-handed. He grew up in Wollongong in the 1960s and 1970s and went to a Catholic primary school. Back then it was viewed as wrong, abnormal and an ailment to be left‑handed.”

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Emma Hurst AJP

“The Animal Justice Party fully supports the Conversion Practices Ban Bill 2024. It is hard to believe conversion practices are still legal in New South Wales and I absolutely support banning those practices with urgency. I applaud the Government for bringing this bill before Parliament, and I congratulate the member for Sydney on his dedication and tireless work on this important issue.”

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John Ruddick LIBT

“The Libertarian Party and its members radically support a free society and the principle of voluntary association. We therefore do not believe that the State should outlaw counselling of any nature. We support individuals or institutions offering a counselling service that attempts to convince people that they are not same-sex attracted or that they are not transgender.”

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Rachel Merton LIB

“I contribute to debate on the Conversion Practices Ban Bill 2024. Harmful conversion practices should be brought to an end. It was the commitment of the Liberal‑Nationals Government early last year. To be clear, conversion practices like electro-shock treatment, drug treatment or other such unacceptable physical or psychological interventions are wrong. They have no place in New South Wales.”

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Mark Latham IND

“The Conversion Practices Ban Bill 2024 is typical of the style of the Minns Government, which is more interested in virtue signalling and divisive identity politics than real, practical outcomes for the people of New South Wales. With regard to gay conversion practices, it is trying to ban something that, as a medical service, went out in the 1970s along with flares and cardigans.”

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Tania Mihailuk IND

“I indicate my opposition to the Conversion Practices Ban Bill 2024. I think it is very interesting that every time we encounter this type of legislation, the debate tends to be conducted with great urgency at very late hours—some would say ungodly hours. The proper deliberation that this type of legislation requires does not end up happening.”

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Aileen MacDonald LIB

“I contribute to debate on the Conversion Practices Ban Bill 2024. My preference would have been to take the time to get this right and for it to be done at a decent hour. I remain concerned that the role of parents and carers appears to be diminished in this bill.”

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Penny Sharpe ALP

“Damien Tudehope, Dr Amanda Cohn, the Hon. Stephen Lawrence, the Hon. Natasha Maclaren‑Jones, the Hon. Mark Banasiak, the Hon. Susan Carter, Ms Cate Faehrmann, the Hon. Jacqui Munro, the Hon. Rod Roberts, the Hon. Emma Hurst, the Hon. Rachel Merton, the Hon. Mark Latham, the Hon. Tania Mihailuk and the Hon. Aileen MacDonald.”

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News articles and press releases

Conversion Practices Ban Bill 2024

Mr MICHAEL DALEY, Attorney General — 2024-03-13

Secondly, it provides for a non-criminal response. The bill creates a civil complaints scheme in part 4, which aligns with the architecture in place for complaints of discrimination and vilification. This pathway allows victims of conversion practices to make complaints to the President of the Anti-Discrimination Board for conciliation. In certain circumstances, complaints may also progress to determination by the NSW Civil and Administrative Tribunal. Finally, part 3 of the bill provides a targeted criminal law response for the most serious conversion practices where people have suffered substantial harm.