Tasmania's proposed ban on conversion practices explained

After a decade-long push, Tasmania's politicians are set to debate a bill that would ban conversion practices in the state.

Conversion practices are any attempt to change, suppress or eradicate a person's sexual or gender identity.

A 2022 Tasmanian Law Reform Institute (TLRI) report found conversion practices were still occurring in the state and made a series of recommendations to "address the risks and harms" caused by them.

Tasmania is one of the last jurisdictions in Australia where they are still legal; that is despite the fact that the Liberal government has previously said it wants to ban them.

The government released a draft bill in 2023, but it was panned by LGBTQIA+ advocates and never tabled in parliament.

The bill that parliament will be debating on Wednesday is from the Greens and has the backing of advocates.

Labor supports the bill, while Liberal MPs have been allowed a conscience vote.

Are they still happening in Tasmania?

Research from La Trobe and Macquarie universities found that one in 20 young LGBTQIA+ Tasmanians have been subjected to conversion practices.

Those individuals were three and a half times more likely than other members of the queer community to be diagnosed with PTSD and almost four times more likely to attempt suicide.

Just five years ago there were media reports of a northern Tasmanian church that was still trying to convert people and felt the proposed laws would impinge upon their freedom.

What does the bill define as a conversion practice?

To be a conversion practice, it must be directed towards a person, and the intent must be to change, suppress or eradicate their sexual orientation.

Whether or not the person consents does not matter.

A health service provided by a registered health practitioner that the practitioner believes is appropriate for the person is exempt, provided it "complies with all relevant legal, professional and ethical requirements".

It also does not include a practice that genuinely facilitates a person's coping skills, development or identity exploration.

So, what's not considered conversion practice?

Participating in public debate doesn't count.

Nor does an expression, including in prayer, of a belief or principle, including religious beliefs or principles.

You can freely state what relevant religious teachings are or what religion says about a specific topic.

Parents are still free to discuss matters "relating to sexual orientation, gender identity, sexual activity or religion with their children".

And health practitioners are free to discuss and explore a person's identity without directing them, or seeking to influence them towards a particular outcome.

They can also discuss a person's desire or intention to de-transition, desist, reverse, discontinue or modify a social or medical transition.

What could be considered a criminal offence?

A person is guilty if they intentionally engage in conversion practice towards another person and cause injury to the recipient.

If it involved a child or person with impaired decision-making ability, that would be an aggravating factor.

Taking a person from Tasmania to another jurisdiction for a conversion practice is also an offence.

As is advertising something that promotes conversion practices.

How is it policed?

The bill establishes the statutory office of conversion practices commissioner.

The anti-discrimination commissioner becomes the commissioner.

They are responsible for educating, preventing and responding to conversion practices.

People can make reports to the commissioner alleging that a conversion practice has occurred or is occurring.

After that, it's in the hands of the commissioner.

The commissioner can choose whether or not to investigate and respond from there.

Their options include no further action, a compliance notice, and an enforceable undertaking, which stipulates what the person can and cannot do.

What are the penalties?

Lesser offences are dealt with by the commissioner or Tasmanian Civil and Administrative Tribunal (TASCAT).

More serious offences where people are injured as a result of intentional conversion practices are indictable.

Meaning they are punishable under the criminal code, will face the Supreme Court, and, if guilty, likely prison time.

How does it compare with other jurisdictions?

Victoria, New South Wales, Queensland, South Australia and the ACT have all banned conversion practices.

While Tasmania is behind the eight ball, it's meant the Greens have been able to use other jurisdictions' legislation to create their bill.

The bill is most similar to the Victorian model but has taken lessons from the TLRI review and Victorian review.

For example, the Tasmanian model allows frivolous and vexatious reports not to be responded to.

Will there be changes to the bill?

There are likely to be some amendments, but it's unclear if they'll be successful.

The Greens have been working with members of the crossbench who want to see changes, ranging from minor to more significant.

Is it likely to pass the lower house?

To pass, the bill will need 18 MPs to vote for it.

The Greens have four votes, and Labor will throw all 10 of its votes behind it, which means it just needs to get another four to get over the line.

Independent Kristie Johnston has confirmed she will support the bill, while independents David O'Byrne and Helen Burnet have also indicated in-principle support.

The ABC understands Liberal minister Bridget Archer is likely to support it, while Premier Jeremy Rockliff has long maintained he wants to see conversion practices banned.

There may also be other Liberal MPs who support the bill.

So unless some of the amendments go awry, it seems highly likely that it'll pass.