4. Effectiveness of criminal offences

4.1​The Act contains criminal offences relating to change or suppression practices. This includes offences which prohibit:

•​intentionally engaging in a change or suppression practice where that conduct causes serious injury,^[61] or injury to another person^[62]

•​taking another person from Victoria with the intention that person would be subject to a change or suppression practice where that practice causes injury^[63]

•​advertising a change or suppression practice^[64]

•​refusing to produce documents relating to advertising to VEOHRC.^[65]

4.2​To date, there have been no criminal prosecutions under the Act. Data from the Crime Statistics Agency indicates a small number of possible offences have been reported.^[66] Other Australian jurisdictions also have criminal offences relating to change or suppression practices.^[67] The Commission is not aware of any prosecutions under any of those laws.

4.3​A lack of prosecutions does not necessarily mean the law has been ineffective. The Act was informed by survivor feedback that a legislative response should focus ‘on preventing harm, supporting survivors and educating the community rather than on punitive justice.’^[68]

4.4​Our terms of reference ask us to identify whether there are any barriers to the effectiveness of the criminal offences. Possible barriers include:

a)​Victim-survivors may not feel safe or supported to report offences. Fear of discrimination, previous negative experiences and the history of poor relations between LGBTQA people and police may discourage people from reporting.^[69]

b)​Victim-survivors may not contact police because they are concerned it will affect their relationship with their family, friends or community.

c)​Psychological harm associated with conversion practices may prevent people from reporting.^[70]

d)​There may be a lack of awareness and understanding about the Act. People may not identify that an offence has occurred.

e)​Prosecutorial agencies may not be familiar with the Act or consider other more well-tested charges may be a more appropriate way to proceed.

f)​It may be difficult to prove injury or serious injury for the offences in sections 10, 11 and 12 to the criminal standard of beyond reasonable doubt.^[71] There is evidence for the link between exposure to change or suppression practices and ‘acute distress and/or ongoing mental health issues such as severe anxiety and depression.’^[72] However, proving beyond reasonable doubt that the exposure caused a later harm is ‘a high and difficult burden.’^[73] Additionally, injury may ‘not manifest until several years, or even decades after initial exposure’.^[74]

4.5​We are interested in any barriers to the effectiveness of the criminal offences and how those barriers could be overcome. If proving injury is a barrier, we want to hear whether legislative change is necessary, for instance by introducing an offence that does not require proof of injury. For example, the ACT legislation does not require proof of injury but only applies where a conversion practice is committed against a protected person (which is defined to mean a child or a person who has impaired decision-making ability in relation to a matter relating to the person’s health or welfare).^[75]

61. ​Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) s 10.

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62. ​Ibid s 11.

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63. ​Ibid s 12.

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64. ​Ibid s 13.

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65. ​Ibid s 14.

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66. ​Crime Statistics Agency (Vic), Recorded Offences: Offences recorded – Tabular visualisation (Web page, September 2025) T5 offences by offence code and description (Year ending September 2025) <https://author.crimestatistics.vic.gov.au/crime-statistics/latest-victorian-crime-data/recorded-offences-2> (accessed 12 February 2026).

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67. ​Conversion Practices Ban Act 2024 (NSW) ss 5–6; Conversion Practices Prohibition Act 2024 (SA) ss 6–7; Public Health Act 2005 (QLD) s 213H; Sexuality and Gender Identity Conversion Practices Act 2020 (ACT) ss 8–9.

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68. ​Victorian Government, Legislative Options to Implement a Ban on Conversion Practices: Consultation Outcomes Report (Report, 2019) 16 <https://engage.vic.gov.au/conversion-practices-ban>.

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69. ​See for example Angela Dwyer et al, ‘Barriers Stopping LGBTI People from Accessing LGBTI Police Liaison Officers: Analysing Interviews with Community and Police’ (2020) 33(3) Criminal Justice Studies 256, 258, 261–262; Matthew Mitchell et al, ‘Criminalising Gender Diversity: Trans and Gender Diverse People’s Experiences with the Victorian Criminal Legal System’ (2022) 11(2) International Journal for Crime, Justice and Social Democracy 104 <https://www.crimejusticejournal.com/article/view/2225>; William Leonard and Bianca Fileborn, Policing for Same Sex Attracted and Sex and Gender Diverse (SSASGD) Young Victorians (No 110, Australian Research Centre in Sex, Health and Society (ARCSHS), La Trobe University, 2018) 89 <https://rainbowhealthaustralia.org.au/media/pages/research-resources/policing-for-same-sex-attracted-and-sex-and-gender-diverse-ssasgd-young-victorians/945288268-1709686057/policing-for-ssasgd-young-people.pdf>.

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70. ​Victorian Government, Legislative Options to Implement a Ban on Conversion Practices: Consultation Outcomes Report (Report, 2019) 16 <https://engage.vic.gov.au/conversion-practices-ban>.

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71. ​Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) ss 10–12.

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72. ​Karen Cusack, Health Complaints Commissioner, Report on the Inquiry Into Conversion Therapy Executive Summary (Report, Health Complaints Commissioner, 2018) 2 <https://hcc.vic.gov.au/sites/default/files/media-document/hcc_conversion_therapy_inquiry_executive_summary.pdf>. See also Timothy W Jones et al, Preventing Harm, Promoting Justice: Responding to LGBT Conversion Therapy in Australia (Report, Human Rights Law Centre, La Trobe University, 2018) 40 <https://www.hrlc.org.au/app/uploads/2025/05/LGBTPreventingHarmConversionsReport-1.pdf>; Timothy, Jones et al, Improving Spiritual Healthcare for LGBTQA+ Australians: Beyond Conversion Practices. A Community Report. (Report, La Trobe University, 2024) 18 <https://doi.org/10.17605/OSF.IO/7439R>.

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73. ​Tasmania Law Reform Institute, Sexual Orientation and Gender Identity Conversion Practices (Final Report No 32, April 2022) 176.

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74. ​Ibid.

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75. ​Sexuality and Gender Identity Conversion Practices Act 2020 (ACT) s 3, Dictionary (definition of ‘protected person’).

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