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Subject:
End Conversion Practices Now: Follow Victoria's Lead
Dear Elected Representative, I am writing to express my concern about LGBTQA+ conversion practices which are still occurring in Australia. I am extremely grateful that you have committed to responding to this crisis and am looking forward to seeing effective legislation and other strategies implemented to stop the harm. Survivor advocates, allies, researchers and legal advocates around the country together advocated for world-leading legislation in Victoria, which came into effect in February this year. This gold standard survivor-informed model is based on comprehensive research (such as Healing Spiritual Harms and Writing Themselves In 4) and is informed by the most prominent survivor groups in the world. The expertise that went into developing it has since been sought by governments, advocates and researchers around the world – in Canada, New Zealand, the UK, Germany, Indonesia, South Africa, Lebanon, Kenya and Nigeria. This gold standard legislation is so powerful because it: - Affirms that LGBTQA+ people are not broken - Defines conversion practices as both change and suppression practices - Bans practices in all settings, including health and religious settings, regardless of age - Targets the ideology and pseudoscience behind conversion practices - Prohibits advertising of conversion practices - Prohibits inducements and referrals - Establishes criminal penalties for practices that cause injury, for advertising, and for removing a person from the state to undergo conversion practices elsewhere - Works well alongside existing health and consumer regulations - Ensures the focus of the legislation is on the intent of the person delivering the practice, providing exemptions for health professionals to use their professional judgement within professional regulatory boundaries - Establishes a Civil Response Scheme with powers of investigation, education, and research, using strategies that prevent re-traumatisation. The effectiveness of the law in ending harmful conversion practices hinges on the development and resourcing of the Civil Response Scheme, which has allowed the legislation the ability to address deceptive and prolific conversion ideology and practices in a fair and equitable way. It is imperative that all governments in each state and territory emulate this world-leading model. I also draw your attention to concerns about potential opposition to this model from conservative voices that have sought to muddy the conversation regarding trans protections in the legislation. Prior to the passing of laws in Victoria, Queensland, and the ACT, opponents claimed that conversion legislation would seriously jeopardise health professionals’ ability to exercise professional judgement, particularly when working with trans young people. However, the Victorian law provides generous and carefully considered exemptions for health practitioners to use their professional judgement within the bounds of existing codes of ethics and regulations. The role of the legislation is therefore to prevent people with undeclared agendas from harming and creating barriers for trans people. I urge governments to strongly refute such opposition. I call on the State Government to implement this gold standard model, including the creation of a sufficiently resourced body with powers of education, investigation and research. I affirm the letter recently sent to you from SOGICE Survivors and Amnesty International Australia, and ask you to meet with representatives from these groups soon to ensure legislation in this state is the most effective at ensuring conversion practices no longer occur.
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