{"id":"conversion-practices-prohibition-act-2024","name":"Conversion Practices Prohibition Act 2024","slug":"conversion-practices-prohibition-act-2024","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31823,"registerId":"sa-conversion-practices-prohibition-act-2024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Conversion Practices Prohibition Act 2024","content":"South Australia\nConversion Practices Prohibition Act 2024\nAn Act to recognise and prevent the harm caused by practices directed to changing or suppressing the sexual orientation or gender identity of individuals, to make related amendments to the Equal Opportunity Act 1984 and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tMeaning of conversion practice\n5\tObjects\nPart 2—Offences in relation to conversion practices\n6\tOffence to engage in conversion practice that causes mental or physical harm\n7\tOffence to take individual from SA, or engage person outside SA, for conversion practices\nPart 3—Miscellaneous\n8\tReview of Act\n9\tRegulations\nSchedule 1—Related amendment of Equal Opportunity Act 1984\n1\tInsertion of section 86A\n86A\tConversion practices\n2\tAmendment of section 93—Making of complaints\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Conversion Practices Prohibition Act 2024.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act—\nconversion practice—see section 4;\nharm means physical or mental harm (whether temporary or permanent);\nhealth service has the same meaning as in the Health Practitioner Regulation National Law;\nmental harm means psychological harm and includes mental illness, nervous shock, distress, anxiety or fear that is more than trivial;\nparent, of a child, includes—\n\t(a)\ta step‑parent of the child; and\n\t(b)\ta person who stands in loco parentis to the child;\nserious harm means—\n\t(a)\tharm that endangers a person's life; or\n\t(b)\tharm that is substantial;\nsexual orientation means an individual's sexual orientation towards—\n\t(a)\tindividuals of the same sex; or\n\t(b)\tindividuals of a different sex; or\n\t(c)\tindividuals of the same sex and individuals of a different sex,\nand includes having a lack of sexual attraction to any individual of any sex.\n4—Meaning of conversion practice\n\t(1)\tIn this Act, a conversion practice means a practice, treatment or sustained effort that consists of more than 1 event or occurs on more than 1 occasion, and that is—\n\t(a)\tdirected to an individual on the basis of the individual's sexual orientation or gender identity; and\n\t(b)\tdirected to changing or suppressing the individual's sexual orientation or gender identity.\n\t(2)\tFor the purposes of subsection (1), it is irrelevant whether a practice, treatment or sustained effort directed to an individual on the basis of the individual's sexual orientation or gender identity is based on an incorrect assumption or belief about the individual's sexual orientation or gender identity.\n\t(3)\tA conversion practice does not include—\n\t(a)\ta health service or treatment provided by a registered health practitioner that—\n\t(i)\tthe registered health practitioner has assessed as clinically appropriate in the registered health practitioner's reasonable professional judgement; and\n\t(ii)\tcomplies with all relevant legal, professional and ethical requirements; or\nExamples of health services or treatments that do not constitute a conversion practice—\nAny of the following health services or treatments assessed by a registered health practitioner as clinically appropriate—\n\t•\tgenuinely assisting an individual who is exploring the individual's sexual orientation or gender identity or considering or undergoing a gender transition;\n\t•\tgenuinely assisting an individual who is receiving care and treatment related to the individual's gender identity;\n\t•\tgenuinely advising an individual about the potential impacts of gender affirming medical treatment.\n\t(b)\tgenuinely facilitating an individual's coping skills, development or identity exploration to meet the individual's needs, including by providing acceptance, support or understanding to the individual; or\n\t(c)\tthe use by a person, without more, of the following expressions:\n\t(i)\tan expression, including in prayer, of a belief or principle, including a religious belief or principle;\n\t(ii)\tan expression that a belief or principle ought to be followed or applied.\n\t(4)\tTo avoid doubt, the following are examples of what does not constitute a conversion practice under this section:\n\t(a)\tstating what relevant religious teachings are or what a religion says about a specific topic;\n\t(b)\tgeneral requirements in relation to religious orders or membership or leadership of a religious community;\n\t(c)\tgeneral rules in educational institutions;\n\t(d)\tparents discussing, or providing guidance on, matters relating to sexual orientation, gender identity, sexual activity or religion with their children.\n5—Objects\nThe objects of this Act are—\n\t(a)\tto recognise and prevent the harm caused by conversion practices; and\n\t(b)\tpromote respectful and open discussions regarding sexuality and gender.\nPart 2—Offences in relation to conversion practices\n6—Offence to engage in conversion practice that causes mental or physical harm\n\t(1)\tA person commits an offence if the person provides or delivers a conversion practice to an individual—\n\t(a)\twith the intention of changing or suppressing the individual's sexual orientation or gender identity; and\n\t(b)\tthat causes serious harm to the individual.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tFor subsection (1)(b), the serious harm—\n\t(a)\tmay be caused by any combination of conversion practices; and\n\t(b)\tmust be assessed by considering the totality of the conversion practices.\n\t(3)\tSubsection (1) applies whether the conversion practice is provided or delivered—\n\t(a)\tin South Australia; or\n\t(b)\tpartly in South Australia and partly outside South Australia.\n\t(4)\tTo avoid doubt, subsection (1) applies whether or not any of the following consents to the conversion practice being provided or delivered:\n\t(a)\tthe individual;\n\t(b)\tif the individual lacks legal capacity—a parent, guardian or other person who has decision‑making authority for the individual.\n\t(5)\tIn this section—\nperson does not include an individual under the age of 18 years.\n7—Offence to take individual from SA, or engage person outside SA, for conversion practices\n\t(1)\tA person commits an offence if that person—\n\t(a)\ttakes an individual from South Australia, or arranges for the individual to be taken from South Australia, with the intention that a conversion practice be delivered or provided to the individual outside South Australia; or\n\t(b)\tengages a person outside South Australia to provide or deliver a conversion practice to an individual in South Australia.\nMaximum penalty: Imprisonment for 3 years or $15 000, or both.\n\t(2)\tTo avoid doubt, subsection (1) applies whether or not any of the following consents to the individual being taken from South Australia or arranges for the individual to be taken from South Australia, or consents to the conversion practice being provided or delivered:\n\t(a)\tthe individual;\n\t(b)\tif the individual lacks legal capacity—a parent, guardian or other person who has decision‑making authority for the individual.\n\t(3)\tIn this section—\nperson does not include an individual under the age of 18 years.\nPart 3—Miscellaneous\n8—Review of Act\n\t(1)\tThe Minister must, as soon as possible after the period of 3 years from the commencement of this Act, cause a review of this Act to be undertaken.\n\t(2)\tA report on the outcome of the review must be tabled in each House of Parliament within 4 years after the commencement of this Act.\n9—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nSchedule 1—Related amendment of Equal Opportunity Act 1984\n1—Insertion of section 86A\nAfter section 86 insert:\n86A—Conversion practices\n\t(1)\tIt is unlawful for a person to—\n\t(a)\tprovide or deliver a conversion practice to an individual; or\n\t(b)\tarrange for a person to provide or deliver a conversion practice to an individual.\n\t(2)\tThe Commissioner's functions under section 11 relating to discrimination apply also to conversion practices.\n\t(3)\tIn this section—\nconversion practice has the same meaning as in the Conversion Practices Prohibition Act 2024.\n2—Amendment of section 93—Making of complaints\nSection 93—after subsection (4) insert:\n\t(5)\tIf a complaint alleges that a registered health practitioner has contravened section 86A in the course of practising a health profession, the Commissioner—\n\t(a)\tmust refer the complaint to the relevant health complaints entity; and\n\t(b)\tmay not proceed to investigate or otherwise deal with the complaint under this Act, or to attempt to resolve the subject matter of the complaint by conciliation under this Act.\n\t(6)\tIn subsection (5) the terms health complaints entity, health profession and registered health practitioner all have the same meaning as in the Health Practitioner Regulation National Law.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2024\n39\nConversion Practices Prohibition Act 2024 \n3.10.2024\n1.4.2025 (Gazette 30.1.2025 p91)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s content aligns with its stated objects (s5) — to recognise and prevent harm from conversion practices and to promote respectful discussion of sexuality and gender — by creating criminal offences and a parallel anti‑discrimination prohibition. The measures (criminal penalties, extra‑territorial provisions, and Equal Opportunity Act amendments including referral mechanisms for health practitioners) are extensions of those stated objectives rather than a substantial expansion beyond them. There is no evidence in the text provided of scope creep beyond the prevention and regulation of conversion practices; the Act contains targeted exemptions and a mandated review that together constrain and channel its operation (s4, s8, Schedule 1)."},"complexity_factors":["Clear interpretation section with multiple defined terms (conversion practice, harm, mental harm, serious harm, sexual orientation, parent) (s3–s4)","Multiple substantive offences with differing elements and penalties (s6: 5 years imprisonment; s7: 3 years or $15,000)","Nested exemptions and illustrative examples in s4(3)–(4) creating operational line‑drawing issues","Cross‑references to external legislation (Health Practitioner Regulation National Law) for definitions and complaint handling (s3; Schedule 1)","Extra‑territorial and cross‑border application (s6(3), s7) increasing factual complexity","Consent expressly rendered irrelevant to criminal liability (s6(4), s7(2)) — unusual evidentiary consequence","Dual enforcement pathways: criminal law plus Equal Opportunity Act amendment with referral rules for health practitioners (Schedule 1)","Ambiguous factual concepts requiring cumulative assessment (\"sustained effort\", \"directed to\", and \"serious harm\" assessed on totality)","Regulatory discretion via regulation‑making power and mandated statutory review (s8–9)","Exemptions that allocate judgment to clinical professionals (subjective reasonable professional judgment standard in s4(3))"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Creates a criminal offence of providing or delivering a “conversion practice” that causes serious physical or mental harm (maximum 5 years’ imprisonment) (see s6).\n- Creates a separate offence for taking a person out of South Australia, or engaging someone outside South Australia, so they undergo a conversion practice (maximum 3 years’ imprisonment or $15,000 fine or both) (see s7).\n- Inserts a new prohibition into the Equal Opportunity Act 1984 so that it is unlawful to provide, deliver or arrange conversion practices; it gives the Anti‑Discrimination Commissioner powers over such complaints and requires complaints about registered health practitioners to be referred to the relevant health complaints body (Schedule 1, inserting s86A and amending s93).\n- Defines “conversion practice” as a practice, treatment or sustained effort (more than one event or occasion) that is both (a) directed at someone because of their sexual orientation or gender identity and (b) directed to changing or suppressing that sexual orientation or gender identity (s4(1)).\n- Excludes certain activities from that definition: clinically appropriate health services delivered by registered health practitioners (provided they meet professional standards), genuine support or identity exploration, and mere expressions of belief (s4(3)–(4)).\n- Makes consent irrelevant to liability: an individual’s or a parent/guardian’s consent does not prevent prosecution under the criminal offences (s6(4), s7(2)).\n- Applies extra‑territorially in two ways: (i) the offence in s6 applies if the practice is done partly in South Australia and partly outside; (ii) s7 criminalises arranging to take a person out of SA for conversion practices and engaging people outside SA to provide them (s6(3), s7(1)).\n- Requires a statutory review of the Act to be commenced as soon as practicable after 3 years and a report tabled within 4 years of commencement (s8).\n\n**Who this affects**\n\n- Providers: any person (other than a person under 18) who provides, delivers, arranges or engages others to provide conversion practices may commit criminal offences (s6, s7). Registered health practitioners remain exempt from the definition when acting within clinically appropriate judgement and legal/professional/ethical requirements (s4(3)).\n- People subject to practices: protections apply regardless of whether the subject or their parent/guardian consented (s6(4), s7(2)).\n- Parents and guardians: the Act explicitly treats parents and people standing in loco parentis as decision‑makers in other contexts, but does not allow their consent to authorise otherwise‑criminal conversion practices (s3 definition of parent; s6(4), s7(2)).\n- Religious and community organisations: ordinary religious speech, statements of doctrine, and general community or institutional rules are carved out as not, by themselves, conversion practices (s4(3)(c) and s4(4)).\n- Regulatory bodies: the Anti‑Discrimination Commissioner and health complaints entities gain roles in handling complaints under the Equal Opportunity Act amendment (Schedule 1).\n\n**Why it matters (stated purpose and operational implications)**\n\n- The Act’s stated objects are to recognise and prevent harm caused by conversion practices and to promote respectful and open discussions about sexuality and gender (s5). That translates into two legal levers: criminal penalties for harmful practices and anti‑discrimination enforcement for provision/arrangement of such practices (s6, s7, Schedule 1).\n\n- Practical effects and trade‑offs to note:\n  - Burden on providers: anyone offering counselling, religious ministry or other interventions that could be characterised as attempts to change or suppress sexual orientation or gender identity must ensure they fall squarely within the exemptions (clinical, supportive, or mere expression). This increases compliance risk and documentation needs, in particular for health practitioners who must be able to show clinical appropriateness to rely on s4(3).\n  - Enforcement complexity: criminal liability turns on proving intention to change or suppress and that the conduct caused “serious harm” (s6(1)(a)–(b)). Serious harm is assessed on the totality of practices (s6(2)). These are fact‑intensive inquiries that may complicate investigations and prosecutions.\n  - Cross‑border displacement risks: the Act criminalises arranging travel for conversion practices (s7(1)(a)) and engaging providers outside SA to deliver conversion practices into SA (s7(1)(b)). This creates an incentive for problematic practices to move offshore or operate remotely; s7 seeks to close that gap but will create extra enforcement and evidence‑gathering burdens.\n  - Dual pathways for redress: conduct can be addressed criminally (courts) and administratively/civilly through the Equal Opportunity Act processes (Schedule 1). For registered health practitioners, complaints under the EO Act must be referred to the health complaints entity rather than dealt with as an EO Act complaint (Schedule 1, amending s93). That split affects where complainants go and which standards and remedies apply.\n  - Limits on consent and parental authority: the law removes consent as a defence (s6(4), s7(2)), meaning parents cannot lawfully consent to conversion practices for those lacking capacity. That changes the legal landscape for family‑based or parent‑led interventions.\n  - Regulatory discretion and rule‑making: the Governor may make regulations necessary for the Act (s9), and a formal review is mandated (s8), creating future scope for refinement.\n\n**Concrete mechanics: who decides, who pays, what behaviour changes**\n\n- Who decides:\n  - Courts determine criminal guilt for s6 and s7 offences. Proving intention and causation of serious harm will be matters for prosecutors and judges.\n  - Registered health practitioners decide, in their clinical judgment, whether a health service is clinically appropriate; that judgment is the statutory exemption (s4(3)).\n  - The Anti‑Discrimination Commissioner decides how to handle non‑health practitioner complaints under the Equal Opportunity Act, but must refer practitioner complaints to a health complaints entity (Schedule 1).\n  - The Governor (executive) can make regulations to implement the Act (s9).\n\n- Who pays:\n  - Individuals convicted of the offences face prison terms (s6 max 5 years; s7 max 3 years) and/or fines (s7 includes $15,000). Private providers may face criminal sanctions and the costs of defending prosecutions or civil complaints.\n  - Public bodies (Commissioner, courts, health complaints entities) will incur enforcement and adjudication costs; government also supports the required statutory review (s8).\n\n- Expected behaviour changes:\n  - Providers and organisations will likely stop offering or will significantly modify any multi‑event practices aimed at changing or suppressing sexual orientation or gender identity to avoid criminal and civil exposure.\n  - Some activities currently offered outside the formal health system (e.g. religious counselling) will be scrutinised to determine whether they are “mere expression” (exempt) or a prohibited conversion practice (s4(3)(c), s4(4)).\n  - Parents and others can no longer rely on consent to justify providing conversion practices to people lacking capacity (s6(4), s7(2)).\n\n**Implementation risks and administrative issues**\n\n- Proof problems: establishing the provider’s intention and linking the practice(s) to “serious harm” (assessed cumulatively) will be legally and evidentially complex (s6(1), s6(2)).\n- Boundary uncertainty: terms like “sustained effort”, “directed to”, and the exclusions for genuine support or religious expression create line‑drawing challenges between lawful speech/support and unlawful practices (s4(1)–(4)).\n- Interaction with other regimes: the Act cross‑references the Health Practitioner Regulation National Law for definitions and channels complaints to health complaint bodies for practitioners (s3, Schedule 1), so coordinated regulatory action and information‑sharing will be necessary.\n\n**Bottom line**\n\nThe Act criminalises multi‑event practices aimed at changing or suppressing sexual orientation or gender identity that cause serious harm, prevents removal of people from SA for such practices or outsourcing them overseas, and creates a parallel anti‑discrimination prohibition with referral pathways for health practitioners. It provides explicit exemptions for clinically appropriate care, supportive counselling and mere expressions of belief, makes consent irrelevant to liability for the criminal offences, and builds in a 3‑year statutory review (s4, s6–8, Schedule 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prohibiting conversion practices while protecting legitimate health care, religious expression, and parental guidance. The scope has not expanded beyond this core objective."},"complexity_factors":["Moderate definitional complexity with 7 defined terms in section 3, including nested definitions ('harm' includes 'mental harm' which includes specific psychological states)","Multi-layered exception structure in section 4(3)-(4) with three explicit exclusions plus four 'examples of what does not constitute' conversion practices","Cross-references to external legislation: Health Practitioner Regulation National Law (for 'health service', 'registered health practitioner', 'health complaints entity')","Dual criminal/civil regime requiring coordination between this Act and amendments to Equal Opportunity Act 1984","Jurisdictional complexity in section 6(3) covering practices delivered partly in/partly outside SA, plus section 7 addressing extraterritorial arrangements","Consent negation provisions (sections 6(4) and 7(2)) that override usual consent principles","Age exclusion for criminal liability ('person' excludes under-18s in sections 6 and 7) creating asymmetry with civil liability under Schedule 1"],"plain_english_summary":"This law bans **conversion practices** in South Australia — that is, repeated efforts to change or suppress someone's sexual orientation or gender identity.\n\n**What it does:**\n- **Criminalises harmful conversion practices**: It's a crime (up to 5 years prison) to deliver conversion practices that cause serious physical or mental harm, regardless of whether the person or their parents consented.\n- **Bans taking people interstate/overseas for conversion practices**: It's illegal (up to 3 years prison or $15,000 fine) to take someone from SA to another place for conversion practices, or to hire someone outside SA to deliver them.\n- **Creates civil protections**: Conversion practices are also made unlawful under anti-discrimination law, allowing complaints to the Equal Opportunity Commissioner.\n- **Protects legitimate health care and religious expression**: The law explicitly excludes: registered health practitioners providing clinically appropriate care; supportive counselling that helps someone explore identity; and mere expressions of religious belief (like prayer or stating religious teachings). Parents talking to their children about these topics are also protected.\n\n**Who it affects:**\n- Anyone attempting to change or suppress someone's sexual orientation or gender identity through sustained practices.\n- Health practitioners (who must ensure their care is clinically appropriate).\n- Religious communities (protected when expressing beliefs, but not when engaging in sustained conversion efforts).\n- Parents and families (protected when having discussions, but not when arranging harmful conversion practices).\n\n**Why it matters:**\nThe law recognises that conversion practices cause serious harm to LGBTQ+ people, including psychological damage. It aims to stop coercive practices while protecting legitimate medical care, religious freedom, and family conversations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and final form is possible from the provided content."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title and comparative knowledge of similar Australian legislation","Cannot assess actual provisions, definitions, exemptions, offence structures, or enforcement mechanisms","Complexity score reflects the inability to analyse the document, not the inherent complexity of the Act itself (which, based on comparable laws, would likely score 5-6)"],"plain_english_summary":"## What happened here?\n\nUnfortunately, the actual text of the **Conversion Practices Prohibition Act 2024 (SA)** could not be retrieved — the legislation website returned a 'Page Not Found' error. Only the error page content was provided, not the law itself.\n\n## What we know from the title alone\n\nBased on the Act's name and publicly known context:\n\n- **Who it affects:** LGBTQ+ individuals (particularly those who are gay, lesbian, bisexual, or transgender), practitioners who provide counselling or therapeutic services, religious organisations, and health professionals in **South Australia**.\n- **What it likely does:** Prohibits 'conversion practices' — sometimes called 'conversion therapy' — which are interventions that attempt to change or suppress a person's sexual orientation or gender identity. Similar laws exist in Victoria, Queensland, the ACT, and other Australian states.\n- **Why it matters:** Conversion practices have been widely condemned by medical and psychological bodies as harmful and ineffective. Laws like this typically create **criminal offences** (punishable by fines or imprisonment) for those who perform such practices, especially on minors or vulnerable adults.\n\n## ⚠️ Important caveat\n\nBecause the actual legislative text was not available, **no detailed legal analysis can be provided**. The summary above is based on the Act's title and general knowledge of equivalent legislation. Do not rely on this for legal advice."}},"importantCases":[],"_links":{"self":"/api/acts/conversion-practices-prohibition-act-2024","history":"/api/acts/conversion-practices-prohibition-act-2024/history","analysis":"/api/acts/conversion-practices-prohibition-act-2024/analysis","conflicts":"/api/acts/conversion-practices-prohibition-act-2024/conflicts","importantCases":"/api/acts/conversion-practices-prohibition-act-2024/important-cases","documents":"/api/acts/conversion-practices-prohibition-act-2024/documents"}}