Media release – Tasmania Law Reform Institute (TLRI), 17 May 2022
Reforms needed to address LGBTQA+ conversion practices in Tasmania
The Tasmania Law Reform Institute (TLRI) today released its Final Report and recommendations on law reforms to address the risks and harms caused by sexual orientation and gender identity conversion practices —‘conversion practices’ for short.
Conversion practices aim to change, suppress or eradicate people’s sexual orientation or gender identity. They would include, for instance, subjecting a person to ‘therapy’, ‘counselling’, or ‘treatment’ to change who they are attracted to, or how they feel about or express their gender to others.
Contemporary science has discredited and disproved conversion practices and the beliefs that motivate them. The mainstream medical consensus is that:
- LGBTQA+ attributes are not faults or dysfunctions;
- Conversion practices are not safe or effective;
- Conversion practices involve clear risks of severe and lasting harm to people subjected to them.
The Institute received and accepted evidence that conversion practices are happening in Tasmania, that they have caused severe harm to people subjected to them and that they are a continuing risk to LGBTQA+ Tasmanians. The Institute recommends that Tasmanian law is reformed to more appropriately deal with these harms and risks.
The Institute’s recommendations involve amendments to health and anti-discrimination law and related laws to:
- Provide a clearer and more binding legal framework for existing professional health guidelines relating to the care and treatment of conditions relating to sexual orientation and gender identity. Guidelines would be set by a chief public health officer and be updated to reflect best health practices and evidence over time. For instance, declared guidelines would specify which medical professionals can assess and treat conditions like gender dysphoria and what procedures they must use.
- Stop unregistered and unqualified people from purporting to assess, diagnose or treat other’s sexual orientation or gender identity as a fault or dysfunction. For instance, convincing someone that they are mentally ill because they are attracted to someone of the same sex.
- Limit the harm caused by misinformation that aims to convince people conversion practices are safe, effective and necessary. For instance, circulating false and misleading pamphlets promoting pseudo-medical practices which are known to cause harm to vulnerable LGBTQA+ people.
In total, the Institute made 16 recommendations about how to best achieve these regulatory outcomes, sanction misconduct, provide redress to victims and ensure law reforms are effective and sustainable.
The Institute’s recommendations do not affect:
- Legitimate health care conducted by appropriately qualified health professionals in line with declared standards;
- Statements, expressions of faith, philosophical or personal views about sexual orientation or gender identity;
- Public acts done in good faith for academic, artistic, scientific or research purposes or any purpose in the public interest; or
- Supportive care, guidance, or mentoring of a child by a parent or guardian.
These rights and duties are protected by both existing laws and new exceptions and defences recommended by the Institute.
This Inquiry was initiated by a community reference and funded by the University of Tasmania in 2019. An Issues Paper was published in 2020, which received hundreds of community and stakeholder responses.
The Final Report was prepared by TLRI researchers with assistance from an advisory group made up of experts from law, bioethics, medical and health sciences. Representatives of the SOGI conversion practice survivor groups, and faith communities contributed to early stages of the project, but did not have input to the Final Report or recommendations. The Institute also conducted a range of continuing consultations with peak medical and public bodies.
The Final Report can be accessed at www.utas.edu.au/law-reform.
Media release – Equality Tasmania, 17 May 2022
LAW REFORM INSTITUTE PROPOSAL FOR TASMANIAN CONVERSION PRACTICES BAN WELCOMED
Quotes from Equality Tasmania President, Rodney Croome
“The Tasmanian LGBTIQA+ community and conversion survivors welcome the Tasmanian Law Reform Institute’s report into conversion practices as a blueprint for banning these practices in Tasmania.”
“The TLRI report shows conversion practices still occur in Tasmania and cause deep harm.”
“It also shows widespread support for banning conversion practices, including from all health organisations that made submissions to the TLRI inquiry.”
“We believe the TLRI’s recommendations are a strong, well-thought-out response to conversion practices that will help bring these practices to an end.”
“The TLRI heard from both sides of the debate and makes a compelling case for ending conversion practices.”
“The TLRI recommends amendments to the Mental Health Act, the Health Complaints Act, the Anti-Discrimination Act, the Criminal Code and the Civil Liability Act as a way to ensure the full range of conversion practices are covered and there is a range of penalties that can be applied.”
“The TLRI has also addressed concerns that are raised about banning conversion practices, providing assurances that religious freedom and the work of health professionals acting within existing guidelines will not be impinged.”
“We are in discussion with the Government and other members of parliament to determine the best path forward. There is a willingness to act and we look forward to working with all members of parliament to implement the recommendations of this report.”
Mr Croome noted two recent studies, including one commissioned by the Tasmanian Government, that show one in twenty LGBTIQA+ Tasmanians have experienced conversion practices and have heightened risk of PTSD and suicide as a result.
Key points from the TLRI report
· LGBTQA+ attributes are not faults or dysfunctions. Conversion practices do not work. Conversion practices can cause serious and lasting harm.
· All peak health bodies and public health officers who responded to this inquiry called for the regulation and prohibition of conversion practices.
· Conversion practices continue on the fringes of the health profession and more commonly as a form of pseudoscientific or pseudo medical practice outside the clinical space. That may involve individual or group ‘therapy’, ‘treatment’, ‘healing’, ‘counselling’, ‘mentoring’ or other forms of ‘study’ programs.
· Forty-six submissions reported people being offered or undergoing conversion practices in Tasmania.
· Tasmanian law should be reformed to ensure people in Tasmania are aware of their rights and duties and that public offices are able to meaningfully respond to:
Direct practices, amounting to medical malpractice by health professionals or unsanctioned purported (conduct that emulates or mimics) health practices that occur outside of the clinical space or by non-health professionals
Indirect practices, involving disinformation designed to convince others that certain sexual orientations or gender identities are faulty or dysfunctional and can and should be changed, suppressed, or eradicated
· A range of existing Tasmanian laws potentially already apply to conversion practices. However, the current law is unclear in scope and application. Clarifying the law will contribute to risk reduction.
Legislation to be amended:
Mental Health Act to stop assessment and treatment of sexual orientation or gender identity (SOGI) as a mental health issue
Health Complaints Act to allow complaints and investigations
Anti-Discrimination Act to prohibit disinformation and/or promotion of conversion practices and allow complaints
Civil Liability Act to provide redress and to classify conversion practices on children as a form of child abuse
Criminal Code to provide redress for serious physical or mental harm and to classify conversion practices on children as a form of child abuse
· Assessing and treating gender-related conditions should be regulated by clinical guidelines set by the Chief Civil Psychiatrist under the Mental Health Act in consultation with appropriate professional bodies. Any health professional who cannot apply these guidelines should be able to apply for a conscientious objection.
These proposed reforms do not affect:
· Legitimate health care, relating to SOGI, conducted by appropriately qualified health professionals, consistent with disciplinary standards declared by the appropriate chief health officer.
· Statements, expressions of faith, interpretations of moral, philosophical or religious doctrine about sexual orientation or gender identity unless they involve the direct or indirect conduct set out above.
· Supportive care, guidance, or mentoring of a child by a parent or guardian which are conducted in the best interest of the child.
Two recent studies show the prevalence and harm of conversion practices in Tasmania
La Trobe University, Writing Themselves In 4, 2021
· This large, national study of LGBTIQA+ youth found…
· 1 in 20 young LGBTIQA+ Australians have experienced formal conversion practices
· They were three to four times more likely to experience PTSD and attempt suicide than other LGBTIQA+ young people
· The figures were the same for the Tasmanian cohort
Tasmanian Government & UTas, LGBTIQ+ Tasmanians: Telling us the Story, 2022
· This LGBTIQ+ study was the largest ever conducted in Tasmania. It found:
· 1 in 20 LGBTIQ+ Tasmanians have experienced formal conversion practices and 97% have been exposed to conversion ideology that they are ‘broken’ and can be ‘fixed’.
Cassy O’Connor MP, Greens Leader, & Peter Whish-Wilson, Greens Senator for Tasmania, 17 May 2022
Conversion Practices Report on Point
The Greens welcome the release of the TLRI report on Sexual Orientation and Gender Identity Conversion Practices.
On behalf of the Greens, I thank survivors for their bravery in coming forward and sharing their stories, and recognise that this report is the result of the decades of advocacy from LGBTQA+ Tasmanians.
We are deeply thankful to the Tasmanian Law Reform Institute for their continuing important work on this cruel, unscientific practice that has caused so much harm.
The Tasmanian Greens support the recommendations of the report, and urge the Rockliff Government to respond to this report, and act on reform, as soon as possible.
The submissions to this report make it clear that conversion practices currently occur in Tasmania, which is a matter of grave concern.
Also of significant concern is that some submitters from religious organisation have made it clear that they intend to continue with these practices, regardless of what legal changes take place. This wilful lawlessness at profound human cost is not in any way acceptable. No religious organisation is above the law.
In addition to the legal changes in this report, we urge the Government to consider using all levers at its disposal, including looking at grants and funding agreements to religious organisations intent on continuing conversion therapy, to stamp out these unacceptable, harmful, unscientific practices.
Senator Peter Whish-Wilson
We know from survivors that the LGBTQ+ conversion movement extends further than formalised ‘therapies’ and that sexual orientation and gender identity change efforts pervade some religious communities, faith-based organisations, schools and the counselling industry in dangerous ways.
Efforts to change sexual orientation and gender identity and the ideology that drives the broader conversion movement is extremely harmful to LGBTIQ+ people, especially young people, and has potentially fatal consequences.
In the last year alone, LGBTIQA+ communities have faced discrimination and a fear-mongering campaign led by the most powerful people in the country. This included the outright bigotry of the Religious Discrimination Bill the government tried to ram through Parliament, discreetly supported by Labor.
With the Liberals actively harming queer people, with Scott Morrison and Katherine Deves doing all they can to manufacture a culture war, and with Labor conspicuously silent on LGBTIQA+ rights, the Greens are the only party LGBTIQA+ people and progressives can rely on this election.
The Greens have a fully-costed plan for Achieving LGBTIQA+ Equality that would adopt and provide $125m to fund the approach recommended in the Sexual Orientation and Gender Identity Change Efforts Survivor Statement, including funding for survivor groups, a national inquiry, a public health and awareness campaign, and work towards developing a redress scheme.
The Greens’ policy will explicitly include $1 million per year in funding for LGBTIQA+ faith based orgs and survivor groups to do self-advocacy and fund expanded scope of existing LGBTIQA+ orgs to deliver self-advocacy outcomes for conversion practices. It will also include $1.5m over three years for a public health and awareness campaigns to explicitly target those at risk of the movement’s influence and refute its ideology, key messages, assertions and false and misleading claims.
LGBTIQA+ rights are non-negotiable. The Greens will continue to advocate at state and federal levels for a complete ban on reparative, sexual orientation and gender identity conversion therapies.
