Question details
Review of conversion practices legislation
Substantive question
My question is for the Attorney-General. In 2021 the Parliament passed the Change or Suppression (Conversion) Practices Prohibition Act 2021. Whilst there was broad support for some of the general aims of this legislation, some people, including me and my party, were concerned about some of the specifics of these laws, believing that they went too far. One positive element of this legislation, however, was that it had an inbuilt mechanism for an independent review of the legislation within two years. My understanding is that this review should currently be underway. My question for the Attorney is: who is conducting the review and what is the current status?
Supplementary question
My supplementary was related to the review, so as I did not get an answer I am not sure that I can ask it and make sense. I shall await the Attorney’s response on the review.
Members interjecting.
David LIMBRICK: All right. One of the more complex and controversial areas in transgender medical care is related to therapeutic inventions for children experiencing gender distress, with several jurisdictions, most recently the NHS in the UK, moving away from the routine use of puberty blockers. Despite this lack of consensus the Victorian Equal Opportunity and Human Rights Commission have listed on their website as some of their examples of conversion practices a parent denying their child access to healthcare services that would affirm their child’s gender identity and also a parent rejecting the recommendations of qualified health professionals and refusing to support their child’s request for medical treatment that would prevent physical changes from puberty. These examples were recently and rather curiously removed from the human rights commission’s website. My question is: was this a result of the independent review’s examination?
Substantive question - verbal response
I thank Mr Limbrick for his question. I will have to seek some advice in relation to making sure I can provide you an accurate answer in relation to your question, and I will endeavour to do that asap.
Supplementary question - verbal response
Mr Limbrick, the reason it is wise for me to take your question on notice is because although I have legislative responsibilities connected to VEOHRC and indeed the legislation, a lot of the issues that you have drawn on come from other portfolios, particularly health. It is on that basis that I will come back to you with some information in relation to the review and the scope.
The President ordered a written response for the substantive question - due 21 March 2024.
Written response
The Government thanks the South-Eastern Metropolitan Member for his question about the statutory review of the Change or Suppression (Conversion) Practices Prohibition Act 2021.
This Act was introduced to denounce and prohibit change or suppression practices (sometimes referred to as lesbian, gay, bisexual and transgender conversion practices), which seek to change or suppress an individual's sexual orientation or gender identity.
Change or suppression practices are false, deceptive and seriously harmful acts. This Act ensures that Victorians are able to live their lives authentically with pride, and makes it clear an individual’s sexual orientation or gender identity are not broken and do not need to be fixed.
Under section 57, an independent review of the operation and effectiveness of the Act is to be undertaken 2 years after the commencement of the Act. The review is to be conducted by a person who, in my opinion, has appropriate qualifications and expertise related to change or suppression practices.
The person conducting the review must consider whether:
- the criminal offences and the civil response scheme in the Act are effective, including whether broader investigation and enforcement powers are required, and
- a redress scheme should be adopted.
Once commenced, the review must be completed within 6 months.
I am currently giving careful consideration to the timing of this review.
Jaclyn Symes MP
Attorney-General
Minister for Emergency Services
21 March 2024
20 March 2024
15 May 2024