3. Effectiveness of the civil response scheme
3.1Part 3 of the Act creates a civil response scheme administered by VEOHRC. The Act provides VEOHRC with several functions and powers (discussed below).[30]
3.2We are interested in your views on the effectiveness of the civil response scheme. Particularly, we are interested in whether there are any barriers to effectiveness, how these could be overcome, and whether VEOHRC needs broader powers than are currently available to meet its functions under the Act.
Receiving and responding to reports of change or suppression practices
3.3Anyone can report an alleged change or suppression practice to VEOHRC.[31] The civil scheme was designed to be ‘trauma-informed and survivor-led,’ with a focus on education and facilitation.[32]
3.4When responding to a report, VEOHRC must consider the wishes of the person affected by change or suppression practices.[33] VEOHRC can respond to a report in the following ways:
a)Education: offering education to individuals or organisations involved in suppression practices.[34]
b)Facilitation: offering to facilitate an outcome that meets the needs of people affected by change or suppression practices.[35] Facilitation is a voluntary process. VEOHRC has received a total of 14 reports of change or suppression practices to date. This includes 2 in 2022-23, 2 in 2023-24, 5 in 2024-25 and 5 in 2025-26 so far.[36] The number of reports appears relatively low (albeit increasing). This could be due to a range of factors such as a low level of understanding or awareness about the Act, or reporting hesitancy. Or, as the Act only applies to conduct occurring since 17 February 2022, it may take time for victim-survivors to recognise they have been subjected to a change or suppression practice and to seek justice.
c)Referral: referring the report to another person or body (including the Health Complaints Commissioner, the Australian Health Practitioner Regulation Agency, the Victorian Ombudsman or Victoria Police).[37]
d)Investigation: conducting investigations in cases of serious or systemic change or suppression practices.[38] The Act provides VEOHRC with powers in relation to investigations, including powers to compel information or documents.[39] Following an investigation, there are remedies available to VEOHRC, including enforceable undertakings and compliance notices.[40]
3.5VEOHRC can conduct investigations on its own motion, meaning it does not require someone to report a change or suppression practice to begin an investigation.[41] Victoria Police can also refer reports to VEOHRC where they fail to meet the level of a criminal offence.
3.6VEOHRC has a community reporting tool.[42] This allows people to tell VEOHRC anonymously about any human rights issues or concerns they may have experienced. It does not lead to a formal report but allows VEOHRC to understand what issues may be occurring in the community which could help direct research or future investigations.
Education and raising awareness
3.7VEOHRC carries out its prevention and education role by responding to enquiries about the Act, delivering education sessions and developing tailored educational publications.[43]
3.8After considering a report made to VEOHRC about a change or suppression practice, VEOHRC can offer targeted education to people or organisations reported to have engaged in change or suppression practices.[44]
3.9Research by Fiona Collis (discussed [2.9]) found that awareness of the Act amongst the sample of parents, support workers and health practitioners was ‘very low’ and that the term ‘change or suppression practice’ is not well understood.[45]
3.10Collis recommended developing targeted resources for parents and caregivers, reviewing existing fact sheets and raising awareness in the broader community.[46] VEOHRC has since produced the material suggested in the report,[47] which can be found here: humanrights.vic.gov.au/resources/talking-with-your-child-csp.
3.11VEOHRC has produced several educational resources. These include general information around the Act, such as an explainer video,[48] resources and workshops for people of faith and education sessions to build understanding of the Act.[49]
Communicating investigation outcomes
3.12Potential barriers to the effectiveness of the objectives of the Act include that VEOHRC may not be able to:
•announce that it is beginning an investigation
•report on the outcome of the investigation to the person who raised the report
•communicate the outcomes of investigations more broadly to the public.
3.13The secrecy provision in section 51 of the Act restricts VEOHRC Commissioners or staff from communicating protected information.[50] This includes information about a person or organisation obtained by VEOHRC performing its investigative functions under the Act, such as education, research and receiving reports of change or suppression practices.[51]
3.14Victim-survivors may be discouraged from engaging with the civil response scheme if they are not provided with an outcome of an investigation. If VEOHRC is unable to publicly report on investigations this may limit its ability to use the risk of an investigation to prevent change or suppression practices.
3.15There are exceptions to the secrecy requirements. This includes where disclosing protected information is ‘necessary’ for the purposes of, or in connection with, VEOHRC’s functions under the Act.[52] However, it may be difficult for VEOHRC to establish that disclosure is ‘necessary’.
3.16Another exception is if ‘the information does not identify any person or organisation.’[53] This may allow VEOHRC to announce de-identified outcomes of investigations. However, section 51(2) prevents VEOHRC from indirectly disclosing protected information. There is a risk that de-identified outcomes may indirectly disclose protected information if those involved link the outcome to an organisation they know was involved in an investigation.
3.17Other statutory bodies with complaint investigation functions allow or require the complainant to be informed about the result of an investigation. For example, the Ombudsman Act 1973 (Vic) creates an obligation on the Ombudsman to inform complainants of the result of an investigation.[54] Similarly, the Health Complaints Act 2016 (Vic) and the Mental Health and Wellbeing Act 2022 (Vic) allows for the investigation report to be given to the complainant.[55]
3.18VEOHRC is able to report on the outcome of investigations under the Equal Opportunity Act.[56]
3.19Providing greater clarity about communicating investigation outcomes to the complainant as well as publicly reporting on de-identified outcomes may improve the effectiveness of the Act.
A positive duty to prevent harm
3.20An object of the Act is to eliminate as far as possible the occurrence of change or suppression practices.[57] However, VEOHRC’s investigatory functions react to situations where a possible change or suppression practice has already occurred. VEOHRC can only investigate if there is an indication of a possible contravention of the Act.[58]
3.21Other regulatory regimes contain positive duties to prevent harm. For example, under the Equal Opportunity Act 2020 (Vic), duty holders (such as employers) have a positive duty to ‘take reasonable and proportionate measures to eliminate discrimination, sexual harassment or victimisation as far as possible.’[59] VEOHRC also has the power to issue practice guidelines to support organisations to comply with the duty.[60]
3.22Introducing a duty for organisations to take positive action to prevent the occurrence of change or suppression practices may enable VEOHRC to take a preventative approach. It could allow VEOHRC to identify and manage risks of change or suppression practices before they occur.
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Questions 7.How effective are VEOHRC’s awareness and education materials on change or suppression practices? What improvements, if any, could help strengthen community understanding and compliance? 8.Are there any barriers to: a.reporting change or suppression practices to VEOHRC b.VEOHRC facilitating outcomes of reports c.VEOHRC conducting investigations. If so, please describe what those barriers are. 9.Are there changes that could help support VEOHRC to carry out its functions or improve the effectiveness of the civil response scheme? If so, please describe any changes. |
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) pt 3 div 1.
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Ibid s 24.
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Victoria, Parliamentary Debates, Legislative Assembly, 26 November 2020, 3725 (Jill Hennessy, Attorney-General).
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 27(2)(a).
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Ibid s 28(1)(a).
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Ibid ss 28(1)(b), (2).
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Victorian Equal Opportunity and Human Rights Commission, Annual Report 2024-25 (Report, October 2025) 108–9. Reports for financial year 2025-2026 current up until 29 February 2026 provided to the VLRC by VEOHRC.
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) ss 28(1)(c), 29.
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Ibid s 34.
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Ibid s 36.
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Ibid ss 43, 45.
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Ibid s 34.
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‘Community Reporting Tool’, Victorian Equal Opportunity and Human Rights Commission (Web Page) <https://www.humanrights.vic.gov.au/get-help/community-reporting-tool/>.
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Victorian Equal Opportunity and Human Rights Commission, Annual Report 2024-25 (Report, October 2025) 61–2; Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) ss 17–20.
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 28(1)(a).
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Fiona Collis, Parents’ and Families’ CSP Educational Needs Scoping Project: Report of Findings (Report, July 2025) 23, 40.
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Ibid 4–6.
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Victorian Equal Opportunity and Human Rights Commission, Talking with Your Child about Sexuality and Gender Identity (Report, April 2025) <https://www.humanrights.vic.gov.au/resources/talking-with-your-child-csp/>.
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Victorian Equal Opportunity and Human Rights Commission, ‘Change and Suppression (Conversion) Practices and Their Impacts Explained’, YouTube, (Video, 15 August 2023) <https://www.youtube.com/watch?v=_MTIvNbMdu4>.
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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); Victorian Equal Opportunity and Human Rights Commission, Annual Report 2024-25 (Report, October 2025) 61.
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 51.
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Ibid s 50.
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Ibid s 51(2)(a).
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Ibid s 51(2)(f).
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Ombudsman Act 1973 (Vic) s 24.
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Health Complaints Act 2016 (Vic) s 51(3); Mental Health and Wellbeing Act 2022 (Vic) s 482(5)(a)(i).
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For example, Equal Opportunity Act 2010 (Vic) ss 142(4), 144.
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Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 3(1)(a).
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Ibid s 34(b).
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Equal Opportunity Act 2010 (Vic) s 15(2).
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Ibid s 148.
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