Sexuality and Gender Identity Conversion Practices Act 2020 (ACT)

Sexuality and Gender Identity Conversion Practices Act 2020   

A2020-49

Republication No 2

Effective:  5 March 2024

Republication date: 5 March 2024

Act not amended

(republication for expiry of provisions (pt 3))

About this republication

The republished law

This is a republication of the Sexuality and Gender Identity Conversion Practices Act 2020 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 March 2024.  It also includes any commencement, repeal or expiry affecting this republished law. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Sexuality and Gender Identity Conversion Practices Act 2020

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 3

6            Objects of Act  3

Part 2      Sexuality and gender identity conversion practices

7           Meaning of sexuality or gender identity conversion practice                  4

8            Offence—performing conversion practice on protected person              5

9            Offence—removing protected person from ACT for conversion practice     6

Dictionary7

Endnotes

1            About the endnotes  8

2            Abbreviation key  8

3            Legislation history  9

4            Amendment history  10

5            Earlier republications  10

Sexuality and Gender Identity Conversion Practices Act 2020

An Act about conversion practices relating to sexuality and gender identity, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Sexuality and Gender Identity Conversion Practices Act 2020.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘gender identity—see the Discrimination Act 1991, dictionary.’ means that the term ‘gender identity’ is defined in that dictionary and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5. Objects of Act

   The objects of this Act are—

   (a)to affirm that—

   (i)all people have characteristics of sexuality and gender identity; and

   (ii)no combination of those characteristics constitutes a disorder, disease, illness, deficiency, disability or shortcoming; and

   (b)to recognise and prevent the harm caused by sexuality and gender identity conversion practices.

   NoteA person may make a complaint to the human rights commission about sexuality and gender identity conversion practices (see Human Rights Commission Act 2005, s 43 and div 4.2D).

Part 2Sexuality and gender identity conversion practices

1. Meaning of sexuality or gender identity conversion practice

   (1)In this Act:

   sexuality or gender identity conversion practice means a treatment or other practice the purpose, or purported purpose, of which is to change a person’s sexuality or gender identity.

   (2)However, sexuality or gender identity conversion practice does not include a practice the purpose of which is to—

   (a)assist a person who is undergoing a gender transition; or

   (b)assist a person who is considering undergoing a gender transition; or

   (c)assist a person to express their gender identity; or

   (d)provide acceptance, support or understanding of a person; or

   (e)facilitate a person’s coping skills, social support or identity exploration and development.

   Examples—s (2)

   ·     diagnosis and assessment of a person with gender dysphoria or gender non-conforming behaviour or identity

   ·     support for a person with social adjustments related to gender dysphoria

   ·     gender-affirming hormone treatment

   ·     other gender transition services, for example, speech pathology services for a transgender or gender-diverse person who wishes to alter their voice and communication to better align with their gender identity

   ·      support for a person exploring and expressing their sexuality

NoteUnder the Human Rights Act 2004, s 14, a person has the right to freedom of thought, conscience and religion, including the freedom to demonstrate their religion or belief in worship, observance, practice and teaching, either individually or as part of a community and whether in public or private. It is not intended that a mere expression of a religious tenet or belief would constitute a sexuality or gender identity conversion practice.

(3)Also, sexuality or gender identity conversion practice does not include a practice by a health service provider that, in the provider’s reasonable professional judgment, is necessary to—

(a)provide a health service in a manner that is safe and appropriate; or

(b)comply with the provider’s legal or professional obligations.

(4)In this section:

health service—see the Health Act 1993, section 5.

health service provider—see the Health Act 1993, section 7.

1. Offence—performing conversion practice on protected person

   (1)A person commits an offence if—

   (a)the person performs a sexuality or gender identity conversion practice on another person (the recipient); and

   (b)the recipient is a protected person.

   Maximum penalty:  150 penalty units, imprisonment for 12 months or both.

   (2)A person commits an offence against subsection (1) whether or not the recipient, or a parent or guardian of the recipient, consented to the practice.

2. Offence—removing protected person from ACT for conversion practice

   A person commits an offence if—

   (a)the person removes another person (the recipient) from the ACT; and

   (b)the recipient is a protected person; and

   (c)the removal is for the purpose of a sexuality or gender identity conversion practice being performed on the recipient.

   Maximum penalty:  150 penalty units, imprisonment for 12 months or both.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     penalty unit (see s 133)

·     person (see s 160).

gender identity—see the Discrimination Act 1991, dictionary.

impaired decision-making ability—see the Guardianship and Management of Property Act 1991, section 5.

protected person means—

(a)a child; or

(b)a person who has impaired decision-making ability in relation to a matter relating to the person’s health or welfare. 

sexuality—see the Discrimination Act 1991, dictionary.

sexuality or gender identity conversion practice—see section 7.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Sexuality and Gender Identity Conversion Practices Act 2020 A2020‑49

   notified LR 4 September 2020
   s 1, s 2 commenced 4 September 2020 (LA s 75 (1))
   remainder commenced 4 March 2021 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Review of Act

   pt 3 hdgexp 4 March 2024 (s 10 (2))

   Review of Act

   s 10exp 4 March 2024 (s 10 (2))

   Consequential amendments

   pt 4 hdgom LA s 89 (3)

   Legislation amended—sch 1

   s 11om LA s 89 (3)

   Human Rights Commission Act 2005—Consequential amendments

   sch 1om LA s 89 (3)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 4 Mar 2021	4 Mar 2021– 4 Mar 2024	not amended	new Act