Reference under section 5 of the Victorian Law Reform Commission Act 2000:
Independent statutory review of the operation and effectiveness of the Change or Suppression (Conversion) Practices Prohibition Act 2021.
The Change or Suppression (Conversion) Practices Prohibition Act 2021 (the Act) prohibits practices or conduct that seek to change or suppress a person’s sexual orientation or gender identity (commonly termed ‘conversion practices’). The purposes of the Act include denouncing and prohibiting conversion practices, in recognition that these practices are harmful, deceptive and without medical basis. The Act further aims to ensure that people with diverse sexual orientations and gender identities feel respected and are able to live authentically with pride.
The Act prohibits conduct or practices directed towards a person, that aim to change or suppress the person’s sexual orientation or gender identity. Practices or conduct can include teachings, counselling, spiritual care activities, or other psychological or medical interventions. The legal prohibitions on this conduct recognise that individuals subjected to conversion practices can experience profound, lifelong psychological harm, including long-term poor mental health and an elevated risk of suicide.
In accordance with section 57 of the Act, the VLRC is asked to review and report on the operation and effectiveness of Victoria’s legislative framework prohibiting the use of conversion practices. The review should identify barriers to the current law’s efficacy in responding to conversion practices and similar conduct and make recommendations to address these barriers. In conducting the review, the VLRC is asked to consider, and confine its consideration to:
- whether the criminal offences contained in the Act are effective
- whether the civil response scheme is effective, including whether broader investigation and enforcement powers are required, and
- whether a redress scheme should be developed.
The purposes of the Act and the desirability of having criminal offences and a civil response scheme are not part of the review.
In considering the operation and effectiveness of the criminal offence regime and civil response scheme, the VLRC is asked to consider:
- whether changes are required to increase the effectiveness of the criminal offences, including by considering why no criminal offences have been prosecuted, whether there are barriers to reporting offences to police, whether the framing of offences is appropriate, and in the case of offences that are reported to police, whether alternative offences are being prosecuted or whether there are barriers to prosecution, and
- whether broader powers are needed for the civil response scheme administered by the Victorian Equal Opportunity and Human Rights Commission.
In conducting this review, the Commission will consider the perspectives of organisations and survivors with expert knowledge and lived experience of conversion practices.
The VLRC is required to:
- commence a review in accordance with this reference upon the appointment of a person who, in the opinion of the Attorney-General, possesses appropriate qualifications and expertise related to change or suppression practices.
- complete the review within 6 months of commencement, and
- deliver a final written report on the review to the Attorney-General as soon as practicable after completing the review.
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