Leslie Massey
Conversion therapy, which has been condemned by human rights and medical bodies, is not banned across Australia. However, jurisdictions representing approximately 85% of the Australian population have banned the practice, including Queensland, New South Wales, South Australia, the Australian Capital Territory, and Victoria. The Victorian government has criminalised conversion therapy, with the power to bring cases to the police, while New South Wales passed a bill banning conversion therapy in March 2024.
| Characteristics | Values |
|---|---|
| Date of ban | Since October 2024 |
| Locations banned | Queensland, New South Wales, South Australia, the Australian Capital Territory and Victoria |
| Population covered | Jurisdictions representing approximately 85% of the Australian population |
| Ban details | The bill outlaws any therapy that attempts to change or suppress a person's sexual orientation or gender identity |
| Ban enforcers | The Victorian Equal Opportunity and Human Rights Commission |
| Punishment | Fines of up to $10,000 and criminal sanctions |
| Previous attempts | In 2018, the Victorian government announced tougher regulations to crack down on conversion therapy |
| Previous attempts 2 | In 2018, the ACT Health Minister Meegan Fitzharris said the "ACT government will ban gay conversion therapy" |
| Previous attempts 3 | In 2019, NSW Health Minister Brad Hazzard began proposing a potential national and state ban |
| Previous attempts 4 | In 2020, Queensland introduced a bill that would prohibit conversion therapy |
| Previous attempts 5 | In 2020, Victoria began public consultation on a proposed law |
| Previous attempts 6 | In 2021, Victoria passed a bill banning conversion therapy |
| Previous attempts 7 | In 2024, New South Wales passed a bill banning conversion therapy |
| Previous attempts 8 | In 2024, South Australia banned conversion therapy |
| Previous attempts 9 | Bans have been proposed by the governments of Tasmania and Western Australia |
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What You'll Learn
Conversion therapy is banned in some Australian states
Conversion therapy, which aims to change an individual's sexual orientation or gender identity, has been condemned by human rights and medical bodies worldwide. The practice has been recognised as psychologically harmful, leading to low self-esteem, depression, and suicidal ideation.
In Australia, conversion therapy has been performed by licensed professionals, priests, church ministers, life coaches, and counsellors. While disciplinary action may be taken against unethical health practitioners in New South Wales, conversion therapy itself is not banned in the state. However, New South Wales parliament passed a bill banning conversion therapy in March 2024, which will take effect in 12 months.
Queensland was the first Australian jurisdiction to ban conversion therapy, introducing a bill in November 2020 that labelled the practice "highly destructive". Offenders face up to 18 months in jail. The Australian Capital Territory (ACT) and Victoria have also passed laws banning conversion therapy, with Victoria's law empowering the Victorian Equal Opportunity and Human Rights Commission to bring cases to the police.
South Australia banned conversion therapy in September 2024, and Tasmania and Western Australia have proposed bans. While these individual state bans are a step forward, a comprehensive national ban is needed to adequately protect LGBTIQ+ Australians.
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Religious-based conversion therapy
Conversion therapy is a pseudoscientific practice that has been performed in Australia for many years. It involves trying to change an individual's sexual orientation or gender identity using psychological, physical, or spiritual interventions. While it has been widely discredited and opposed by medical and human rights bodies, it has been reported that religious-based conversion therapy is most common in Australia.
The harmful effects of religious-based conversion therapy on the lives of LGBT people are well-documented. It can lead to low self-esteem, confusion, isolation, shame, feelings of unworthiness, anxiety, depression, and even suicide ideation. It is also a violation of human rights, as it tells the person that they are ""broken" and in need of fixing.
In recent years, there has been a growing push to ban conversion therapy in Australia. While individual states, including Queensland, New South Wales, South Australia, the Australian Capital Territory, and Victoria, have passed laws banning conversion therapy, there is still no federal ban in place. This means that conversion therapy remains legal in most of the country. However, the Australian Labor Party promised a nationwide ban in the lead-up to the 2019 federal election.
The lack of a federal ban has been criticised, as individual state bans are not enough to adequately protect LGBTIQ Australians from the harmful effects of conversion therapy. Additionally, some have criticised the state bans themselves for not capturing the less-formalised practices that occur in religious settings. The UN's independent expert on sexual orientation and gender identity has recommended banning conversion therapy beyond just healthcare to include religious, education, and community settings.
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The negative impact of conversion therapy
Conversion therapy has been banned in Australian jurisdictions representing approximately 85% of the population, including Queensland, New South Wales, South Australia, the Australian Capital Territory, and Victoria. The practice has been recognised as harmful and inconsistent with inclusive values.
- Low self-esteem
- Depression
- Anxiety
- Drug use
- Homelessness
- Suicide ideation and attempts
These impacts have been observed in studies, with The Trevor Project's 2021 National Survey on LGBTQ Youth Mental Health finding that LGBTQ youth who underwent conversion therapy were more than twice as likely to report suicide attempts. The study also estimated that the direct cost of conversion therapy in the U.S. is $650 million annually, with the total cost, including associated harms, reaching $9.23 billion.
Conversion therapy perpetuates outdated views of gender roles and identities, as well as negative stereotypes about the LGBTQ community. It may also put young people at risk of serious harm, with minors being especially vulnerable to the detrimental effects of the practice.
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The history of conversion therapy in Australia
Australia has a long history of intervention into people's sexual orientations and gender identities, including conversion therapy. Sydney-based Dr Neil McConaghy employed conversion therapy during the 1960s and 1970s. His practices included the injection of a morphine derivative to induce severe nausea when patients were shown photographs of men and electroshocks when patients read pleasurable words on homosexuality aloud. Leading LGBTIQ figures such as Sue Wills and John Ware protested against the dangerous nature of this "therapy", and cited it as a key motivation for their activism.
In the 1970s, homosexuality was considered a pathology, or a "disease" of the mind by some psychiatrists. It was removed from the third edition of the Diagnostic and Statistical Manual of Mental Disorders in 1987. Religious organisations have also promoted "reparative therapy", which aims to "cure the soul" and protect it from "contamination". Religious conversion therapy can involve ostracising the person from their family and community, extensive prayer, intensive "conferences", and even exorcism.
In April 2018, the Victorian Legislative Council's Legal and Social Issues Committee launched an inquiry into gay conversion therapy, leading to an interim report recommending that the state government act to prohibit the practice. In September 2019, the Victorian government announced it would move to ban conversion therapy, making it the first jurisdiction in Australia to do so. In December 2020, Victoria became the first Australian jurisdiction to ban conversion therapy, with Health Minister Jenny Mikakos introducing laws prohibiting the practice.
While there is currently no federal law banning conversion therapy in Australia, the state-level ban in Victoria is a significant step forward in recognising the harmful nature of these practices and protecting the rights of LGBTIQ individuals.
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Why a national ban is needed
Conversion therapy is a pseudoscientific practice that has been performed in Australia for decades. It involves trying to change an individual's sexual orientation or gender identity through psychological, physical, or spiritual interventions. This can include counselling, hypnosis, prayer, scripture reading, fasting, retreats, "spiritual healing", and even electric shocks. There is no scientific or medical evidence to support the use of conversion therapy, and it has been widely condemned by medical associations and human rights bodies globally as ineffective and harmful to mental health. The practice can lead to low self-esteem, depression, and even suicide ideation among participants.
While Australia has made progress in banning conversion therapy, with individual states such as Queensland, New South Wales, South Australia, the Australian Capital Territory, and Victoria implementing bans, a national ban is needed to adequately protect LGBTIQ+ Australians. A patchwork of state-by-state bans leaves room for the continuation of the practice in most parts of the country, and some state bans have been criticized for not capturing less-formalized practices in religious settings. A comprehensive national approach, overseen by the Australian Human Rights Commission, is necessary to counter the potential ramifications of proposed religious freedom legislation and address recommendations made by the UN.
Additionally, a national ban would send a strong message that conversion therapy is unethical and harmful and affirm that a person's sexual orientation or gender identity is not something that needs to be "fixed". It would also ensure that all Australians, regardless of their state of residence, are protected from the devastating impact of conversion therapy and are able to live authentically and with pride.
Furthermore, a national ban on conversion therapy would bring Australia in line with several other countries that have already implemented such bans, including Brazil, Malta, Germany, parts of Spain and the United States, and parts of Canada, with more countries considering similar legislation. This global momentum underscores the importance of Australia taking a stand against conversion therapy and joining the international effort to protect the rights and well-being of LGBTIQ+ individuals.
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Frequently asked questions
Yes, conversion therapy is banned in jurisdictions representing approximately 85% of the Australian population.
Queensland, New South Wales, South Australia, the Australian Capital Territory, and Victoria have banned conversion therapy.
Conversion therapy is the practice of trying to change an individual's sexual orientation from homosexual or bisexual to heterosexual using psychological, physical, or spiritual interventions.
Conversion therapy has been shown to have detrimental psychological side effects, including causing individuals to feel confused, isolated, ashamed, unworthy, and 'not normal', which can lead to anxiety, depression, and even suicide.
