2. Is the Act achieving its objectives?
2.1Effectiveness is the degree to which something is achieving the desired result. The Act has three objectives:
a)eliminate as far as possible the occurrence of change and suppression practices in Victoria
b)further promote and protect the rights set out in the Charter of Human Rights and Responsibilities Act 2006 (Vic)
c)ensure that all people, regardless of sexual orientation or gender identity, feel welcome and valued in Victoria and are able to live authentically and with pride.[7]
2.2This review will consider a range of measures to determine whether the Act is effectively meeting or moving toward its objectives. Some measures of effectiveness are quantitative, meaning they can be measured in numbers, such as the number of convictions. Qualitative measures can provide descriptions of impacts that may be difficult to quantify.
2.3The Act has only been operating since 2022. Some objectives may be achieved in the longer term, but it is important to monitor progress and assess whether the objectives are on track.
2.4The law plays an important role in establishing rights and obligations for all Victorians. The law also sets standards for how we expect individuals and organisations to behave. It is important to understand that while the Act has introduced protections for LGBTQA people in Victoria, many Australian LGBTQA people report experiencing exposure to change or suppression messages.[8]
Is the Act clear and easy to understand?
2.5For the Act to operate effectively, people must understand how the law applies to them and what their rights and obligations are. This requires consideration of whether the legislation is clear and easy to understand.
2.6Section 5(1) of the Act defines a change or suppression practice as:
a practice or conduct directed towards a person, whether with or without the person’s consent—(a) on the basis of the person’s sexual orientation or gender identity; and (b) for the purpose of—(i) changing or suppressing the sexual orientation or gender identity of the person; or (ii) inducing the person to change or suppress their sexual orientation or gender identity.[9]
2.7Section 5(3) provides examples of conduct that could be considered a change or suppression practice.[10] Section 5(2) outlines what is not a change or suppression practice.[11] This includes conduct that is supportive or affirming of a person’s gender identity or sexual orientation or conduct of a health professional in line with their reasonable professional judgement.
2.8The Second Reading Speech also provides examples of conduct that may meet the definition of change or suppression practices, as well as conduct which would not be covered.[12] While these examples can help to interpret the Act, they are separate to the Act and people may not be aware of them.
2.9A report by Fiona Collis, commissioned by VEOHRC, found that the term ‘change or suppression practice’ was not well understood.[13] Collis found that there:
is a need to clearly establish what is meant by change and suppression practices under the Act using examples that people can easily relate to, including practical examples that distinguish supportive care from harmful interventions.[14]
2.10One recommendation was for fact sheets to include clear, easily recognisable examples of change or suppression practices to improve understanding among parents, caregivers and health professionals.[15]
2.11Other jurisdictions have included examples in legislation to support people to understand what is and what is not included in the definition of change or suppression practices. For instance, the Conversion Practices Ban Act 2024 (NSW) states:
To avoid doubt, the following are examples of what does not constitute a conversion practice under this section (a) stating what relevant religious teachings are or what a religion says about a specific topic, (b) general requirements in relation to religious orders or membership or leadership of a religious community, (c) general rules in educational institutions, (d) parents discussing matters relating to sexual orientation, gender identity, sexual activity or religion with their children.[16]
2.12We are interested in hearing whether section 5 of the Victorian Act operates effectively by making it sufficiently clear what is and what is not a change or suppression practice, or if more detail in the Act, guidance, education, or other mechanisms are needed to improve clarity.
Clarity on the exclusion of health service providers
2.13The Act excludes certain practices of health service providers from the definition of change or suppression practices. Section 5(2)(b) of the Act states that a change or suppression practice is not:
a practice or conduct of a health service provider that is, in the health service provider’s reasonable professional judgement, necessary—(i) to provide a health service; or (ii) to comply with the legal or professional obligations of the health service provider.[17]
2.14It is possible that the wording of this exception creates ambiguity around how the Act applies to health service providers.
2.15A review of the ACT’s change or suppression legislation considered what is covered by the concept of ‘reasonable professional judgement’.[18] It queried whether it would apply if a professional’s views were based on outdated knowledge, or if they were held by a minority in their profession.[19]
2.16Similarly, the Tasmania Law Reform Institute noted that the ‘reasonable professional judgement’ standard in this provision ‘may import too much subjectivity and uncertainty into the assessment of what is legitimate or not’, placing the onus on health professionals ‘to make decisions based on their own opinion rather than with explicit reference to appropriate professional codes or standard’.[20]
2.17Other jurisdictions have taken different approaches to the exception for health practitioners. The NSW Act contains more explicit examples than the Victorian legislation of health services or treatments that do not constitute a conversion practice.[21]
2.18To date, the Victorian Act has not been considered in any detail by the courts. In Re Devin, although the Act was not in dispute, comments were made by expert witnesses and the father in the case that a lack of clarity about how the Act applies to health professionals may discourage them from treating children with gender issues.[22]Justice Strum remarked that this may explain some of the difficulties raised in relation to obtaining expert evidence for the proceedings and alternative treatment proposals for the child in that case.[23]
2.19We are interested to hear your views on whether the exclusion for health service providers is clear and effective or if there is a need for legislative amendment, guidance or other mechanisms to increase clarity.
Clarity on how people of faith can express their beliefs within the context of the Act
2.20The Act states that a change or suppression practice can include ‘carrying out a religious practice, including but not limited to, a prayer-based practice, a deliverance practice or an exorcism’.[24] While some religious practices may meet the definition of a change or suppression practice, the Act was ‘not designed to capture all religious practices or teachings or to prevent people seeking religious counsel.’[25]
2.21When introducing the Act to Parliament the then Attorney-General provided an example of when a religious practice may constitute a change or suppression practice:
A person going to a religious leader seeking advice on their feelings of same-sex attraction, and the religious leader telling them they are broken and should live a celibate life for the purpose of changing or suppressing their same-sex attraction.[26]
2.22The Attorney-General also provided examples of religious practices that would not be captured by the definition of a change or suppression practices, such as where:
A person goes to a religious leader seeking advice on their feelings of same-sex attraction, and the religious leader only informs this person that they consider such feelings to be contrary to the teachings of their faith, and does so only to convey their interpretation of those teachings and not to change or suppress the person’s sexual orientation or gender identity.[27]
2.23Other jurisdictions have provided explicit examples in the legislation of what religious practices do and do not constitute a change or suppression practice.[28]
2.24VEOHRC has responded to requests for information on the Act for people of faith by creating tailored information materials such as the Providing safety for LGBTQA people of faith guide for leaders in churches of the Baptist Union of Victoria.[29]
2.25We are interested to hear whether greater clarity, through more detail in the Act, guidance, education, or other mechanisms, is needed to enable people of faith to understand how they can hold and express their beliefs within the context of the Act.
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Questions 1.Has the Act reduced or stopped change or suppression practices? Describe any impact you think the Act has had on the occurrence or the nature of change or suppression practices. 2.To what extent do you think the community is aware of and understands: a.the Act and how it works b.what change or suppression practices are c.the harm caused by change or suppression practices. 3.Could the Act’s operation and effectiveness be improved? If so, how? 4.How clear is the Act’s definition of what is and what is not a change or suppression practice? If further clarity is needed, what forms of clarification would be most helpful? 5.How clear is the exclusion for health service providers? If further clarity is needed, how could this best be achieved? 6.Is greater clarity needed about how people of faith can hold and express their beliefs to support clear understanding and compliance with the Act? What forms of clarification would be most helpful? |
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 3.
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Timothy, Jones et al, Improving Spiritual Healthcare for LGBTQA+ Australians: Beyond Conversion Practices. A Community Report. (Report, La Trobe University, 2024) 20 <https://doi.org/10.17605/OSF.IO/7439R>.
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 5(1).
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Ibid s 5(3).
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Ibid s 5(2).
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Victoria, Parliamentary Debates, Legislative Assembly, 26 November 2020, 3723 (Jill Hennessy, Attorney-General).
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Fiona Collis, Parents’ and Families’ CSP Educational Needs Scoping Project: Report of Findings (Report, July 2025) 2, 23, 40.
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Ibid 2.
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Ibid 5.
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Conversion Practices Ban Act 2024 (NSW) s 3(4).
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 5(2)(b).
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Legislative Assembly for the Australian Capital Territory, Statutory Review Report – Sexuality and Gender Identity Conversion Practices Act 2020 (Report, March 2024) 21.
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Ibid.
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Tasmania Law Reform Institute, Sexual Orientation and Gender Identity Conversion Practices (Final Report No 32, April 2022) 178.
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Conversion Practices Ban Act 2024 (NSW) s 3(3)(a).
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Re Devin [2025] FedCFamC1F 211, [20]–[21]. This case was heard in the Federal Circuit and Family Court of Australia where the parents of the child in the case disagreed about whether the child should be administered Stage 1 puberty blocking medication and each parent sought orders for sole parental responsibility.
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Ibid [18].
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 5(3)(b).
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Victoria, Parliamentary Debates, Legislative Assembly, 26 November 2020, 3723 (Jill Hennessy, Attorney-General).
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Ibid.
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Ibid.
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Conversion Practices Ban Act 2024 (NSW) s 3(4); Conversion Practices Prohibition Act 2024 (SA) s 4(4).
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Victorian Equal Opportunity and Human Rights Commission, Providing Safety for LGBTQA People of Faith: A Guide for the Baptist Union of Victoria (Report, September 2024).
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