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NSW government says its plan to ban gay conversion therapy will 'save lives'. This is what

A bill to ban gay conversion therapy will be introduced to NSW parliament, with allowances made for parents and religious sermons.

The Minns government said the bill would "save lives" and outlaw conversion practices such as religious "straight camps" or hypnotherapy sessions designed to change a person's sexual orientation or identity.

The bill will be introduced to NSW parliament today, after it was delayed to allow time for more consultation with both LGBTQIA+ and religious groups.

The new law would criminalise gay conversion practices where they are proven to cause harm to a person, with a maximum penalty of five years in prison.

Attorney-General Michael Daley said religious leaders who gave sermons about homosexuality being "a sin" were protected under the laws.

Independent MP Alex Greenwich, who has campaigned for the ban, has welcomed exemptions for religion and parents as "appropriate" and called for respectful debate on the bill in parliament.

What is gay conversion?

Gay conversion practices can range from ongoing or sustained pressure from a church or religious figure to suppress one's sexuality, to religious rituals like exorcisms and psychiatric or psychological "treatments" and aversion tactics.

Survivors of the practice have told the ABC about being sent to conversion therapy "group camps" or hypnotherapy sessions.

Premier Chris Minns said the laws would make a "major difference".

"LGBTQ conversion practices rest on the assumption that there's something wrong or broken with gay kids, transgender kids. And there's nothing wrong," he said.

Mr Daley said the definition of gay conversion in this bill was a "one-off treatment… or a sustained effort… directed to changing or suppressing the individual's sexual orientation or gender identity".

Why has it not been banned in NSW yet?

The government promised to introduce a bill to ban the practice last year, but it got held up by church groups who wanted more consultation.

In October, the Australian Christian Lobby (ACL) claimed in a newsletter to its supporters that "strong pushback" had put the proposed laws "on ice".

Mr Greenwich also asked the Minns government to delay the bill to consult further with gay rights groups.

And so the government's bill got pushed into 2024.

Queensland banned gay conversion therapy in 2020, and Victoria did the same in 2021.

'Prayer ban' concerns

The ACL has opposed the bill previously, and on its website said the "cruel" practices historically used in Australia no longer happen.

It has previously said the plan to outlaw gay conversion seeks to ban religious practises.

"Masquerading behind these claims are provisions that outlaw certain prayers, parental rights, and clinicians' conscience when offering care," it said.

Mr Minns said he has attempted to take those concerns into account in this bill.

"The government made a decision that prayer, because of its expansive definition wouldn't be captured… and that's reflected in the legislation," he said.

"There's also exemptions for conversations between parents and children, and I think that that's reasonable as well."

Mr Daley said religious leaders were not banned from preaching generally about their views on the issue.

"Stating what relevant religious teachings are or what a religion says about a topic is not [gay conversion]," he said.

"Going so far as to say for example, that in our faith, being a homosexual is wrong and it's a sin and you can go to hell … that's not a conversion practice."

But he said directing those prayers to someone, with the intention of "praying the gay away", would be illegal under the laws, if they were proven to cause harm.

Will the laws pass parliament?

Before last year's state election, both Mr Minns and then-premier Dominic Perrottet committed their bipartisan support to ban the practice.

But the Coalition was more cautious in their support, declaring it a "complex matter".

Opposition Leader Mark Speakman has previously told the ABC he would like to see harsh practices banned, but held concerns about parents being caught up in legislation.

Mr Speakman today said he would read the bill in full before deciding whether the Opposition would support it.

"We haven't been consulted, we haven't been given any drafts of the government's bill," he said.

"We'll do our best to have a considered and good faith response next week."

Support for bill

Equality Australia today welcomed the bill.

"We stand with survivors in welcoming this bill and we urge all MPs to seize this opportunity to end these archaic and harmful practices which have already caused untold harm and have no place in modern Australia,” Equality Australia CEO Anna Brown said.

"Abuse dressed up as pastoral care or guidance is a breach of trust and power and it’s time we put a stop to the real and lasting harm conversion practices cause to vulnerable people in NSW."

Anthony Venn-Brown, CEO of Ambassadors & Bridge Builders International, said the bill was "long overdue".

"Homosexuality was taken off the list of mental disorders half a century ago. Since then often well-intentioned people acting on ill-informed and outdated information have continued to cause harm to the very people they seek to save," he said. 

"This legislation to protect vulnerable LGBTQ people is long overdue. We are not 'broken' or need 'fixing'. This bill will save lives and make NSW a safer place for LGBTIQ+ people." 

 



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