{"id":"a-2020-49","name":"Sexuality and Gender Identity Conversion Practices Act 2020","slug":"sexuality-and-gender-identity-conversion-practices-act-2020","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"49 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24372,"registerId":"act-a-2020-49-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sexuality and Gender Identity Conversion Practices Act 2020","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSexuality and Gender Identity\nConversion Practices Act 2020\nA2020-49\nRepublication No 2\nEffective: 5 March 2024\nRepublication date: 5 March 2024\nAct not amended\n(republication for expiry of provisions (pt 3))\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Sexuality and Gender Identity Conversion Practices Act 2020\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 5 March 2024. It also includes any commencement, repeal or expiry affecting this\nrepublished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n05/03/24\nSexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSexuality and Gender Identity\nConversion Practices Act 2020\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Objects of Act 3\nPart 2 Sexuality and gender identity conversion\npractices\n7 Meaning of sexuality or gender identity conversion practice 4\n8 Offence—performing conversion practice on protected person 5\n9 Offence—removing protected person from ACT for conversion practice 6\n\nContents\nPage\ncontents 2 Sexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\nR2\n05/03/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 7\nEndnotes\n1 About the endnotes 8\n2 Abbreviation key 8\n3 Legislation history 9\n4 Amendment history 10\n5 Earlier republications 10\n\nR2\n05/03/24\nSexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSexuality and Gender Identity\nConversion Practices Act 2020\nAn Act about conversion practices relating to sexuality and gender identity, and\nfor other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Sexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\nR2\n05/03/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Sexuality and Gender Identity Conversion Practices\nAct 2020.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘gender identity—see the\nDiscrimination Act 1991, dictionary.’ means that the term ‘gender\nidentity’ is defined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR2\n05/03/24\nSexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Objects of Act\nThe objects of this Act are—\n(a) to affirm that—\n(i) all people have characteristics of sexuality and gender\nidentity; and\n(ii) no combination of those characteristics constitutes a\ndisorder, disease, illness, deficiency, disability or\nshortcoming; and\n(b) to recognise and prevent the harm caused by sexuality and\ngender identity conversion practices.\nNote A person may make a complaint to the human rights commission about\nsexuality and gender identity conversion practices (see Human Rights\nCommission Act 2005, s 43 and div 4.2D).\n\nPart 2 Sexuality and gender identity conversion practices\nSection 7\npage 4 Sexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\nR2\n05/03/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Sexuality and gender identity\nconversion practices\n7 Meaning of sexuality or gender identity conversion\npractice\n(1) In this Act:\nsexuality or gender identity conversion practice means a treatment\nor other practice the purpose, or purported purpose, of which is to\nchange a person’s sexuality or gender identity.\n(2) However, sexuality or gender identity conversion practice does not\ninclude a practice the purpose of which is to—\n(a) assist a person who is undergoing a gender transition; or\n(b) assist a person who is considering undergoing a gender\ntransition; or\n(c) assist a person to express their gender identity; or\n(d) provide acceptance, support or understanding of a person; or\n(e) facilitate a person’s coping skills, social support or identity\nexploration and development.\nExamples—s (2)\n• diagnosis and assessment of a person with gender dysphoria or gender non-\nconforming behaviour or identity\n• support for a person with social adjustments related to gender dysphoria\n• gender-affirming hormone treatment\n\nSexuality and gender identity conversion practices Part 2\nSection 8\nR2\n05/03/24\nSexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• other gender transition services, for example, speech pathology services for a\ntransgender or gender-diverse person who wishes to alter their voice and\ncommunication to better align with their gender identity\n• support for a person exploring and expressing their sexuality\nNote Under the Human Rights Act 2004, s 14, a person has the right to freedom\nof thought, conscience and religion, including the freedom to demonstrate\ntheir religion or belief in worship, observance, practice and teaching,\neither individually or as part of a community and whether in public or\nprivate. It is not intended that a mere expression of a religious tenet or\nbelief would constitute a sexuality or gender identity conversion practice.\n(3) Also, sexuality or gender identity conversion practice does not\ninclude a practice by a health service provider that, in the provider’s\nreasonable professional judgment, is necessary to—\n(a) provide a health service in a manner that is safe and appropriate;\nor\n(b) comply with the provider’s legal or professional obligations.\n(4) In this section:\nhealth service—see the Health Act 1993, section 5.\nhealth service provider—see the Health Act 1993, section 7.\n8 Offence—performing conversion practice on protected\nperson\n(1) A person commits an offence if—\n(a) the person performs a sexuality or gender identity conversion\npractice on another person (the recipient); and\n(b) the recipient is a protected person.\nMaximum penalty: 150 penalty units, imprisonment for 12 months\nor both.\n\nPart 2 Sexuality and gender identity conversion practices\nSection 9\npage 6 Sexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\nR2\n05/03/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence against subsection (1) whether or not\nthe recipient, or a parent or guardian of the recipient, consented to the\npractice.\n9 Offence—removing protected person from ACT for\nconversion practice\nA person commits an offence if—\n(a) the person removes another person (the recipient) from the\nACT; and\n(b) the recipient is a protected person; and\n(c) the removal is for the purpose of a sexuality or gender identity\nconversion practice being performed on the recipient.\nMaximum penalty: 150 penalty units, imprisonment for 12 months\nor both.\n\nDictionary\nR2\n05/03/24\nSexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• penalty unit (see s 133)\n• person (see s 160).\ngender identity—see the Discrimination Act 1991, dictionary.\nimpaired decision-making ability—see the Guardianship and\nManagement of Property Act 1991, section 5.\nprotected person means—\n(a) a child; or\n(b) a person who has impaired decision-making ability in relation to\na matter relating to the person’s health or welfare.\nsexuality—see the Discrimination Act 1991, dictionary.\nsexuality or gender identity conversion practice—see section 7.\n\nEndnotes\n1 About the endnotes\npage 8 Sexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\nR2\n05/03/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n05/03/24\nSexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nSexuality and Gender Identity Conversion Practices Act 2020\nA2020-49\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nremainder commenced 4 March 2021 (s 2)\n\nEndnotes\n4 Amendment history\npage 10 Sexuality and Gender Identity Conversion Practices\nAct 2020\nEffective: 05/03/24\nR2\n05/03/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nReview of Act\npt 3 hdg exp 4 March 2024 (s 10 (2))\nReview of Act\ns 10 exp 4 March 2024 (s 10 (2))\nConsequential amendments\npt 4 hdg om LA s 89 (3)\nLegislation amended—sch 1\ns 11 om LA s 89 (3)\nHuman Rights Commission Act 2005—Consequential amendments\nsch 1 om LA s 89 (3)\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n4 Mar 2021\n4 Mar 2021–\n4 Mar 2024\nnot amended new Act\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of criminalising conversion practices targeting sexuality and gender identity. The only structural change since enactment has been the expiry of the mandatory review provisions (Part 3 and section 10) on 4 March 2024, which were always intended to be temporary sunset provisions. No expansion of scope has occurred; the Act continues to target only conversion practices performed on protected persons (children and adults with impaired decision-making capacity) and maintains the same exclusions for legitimate health services and gender-affirming care."},"complexity_factors":["Short statute: only 9 substantive sections across 2 operative parts (Part 1 Preliminary, Part 2 Offences)","Minimal defined terms: only 4 terms defined in the Dictionary (gender identity, impaired decision-making ability, protected person, sexuality), with 3 of these being signpost definitions referencing other Acts","Single core definition with layered exclusions: section 7 contains the primary definition with 2 exclusion subsections (ss 7(2) and 7(3)), but these are clearly enumerated and illustrated with examples","Simple offence structure: two straightforward offences in sections 8 and 9 using standard Criminal Code fault elements (no complex conditional liability)","No cross-referencing maze: only references to external definitions in Discrimination Act 1991, Health Act 1993, and Guardianship and Management of Property Act 1991","No delegated legislation or regulatory framework: no regulations, rules, or subordinate instruments required to operate the Act","Expired provisions: Part 3 (Review of Act) and section 10 expired on 4 March 2024, simplifying the current version"],"plain_english_summary":"This Act makes conversion practices — attempts to change or suppress a person’s sexual orientation or gender identity — a criminal offence in the ACT. It specifically protects children and adults with impaired decision‑making capacity, carries significant penalties (including fines and possible imprisonment), and disallows consent as a defence.\n\nLegitimate supportive or medical care (including gender-affirming treatment, acceptance, counselling, assessment, and professional health services) and mere expression of belief are explicitly excluded from the ban."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The republished Act is not substantively amended; it was republished for expiry of review provisions (pt 3) and lists no operative changes to scope. The law’s prohibitions, exceptions and penalties remain as originally enacted (see heading indicating ‘Act not amended’ and amendment history)."},"complexity_factors":["Broad substantive definition: “purpose, or purported purpose, of which is to change a person’s sexuality or gender identity” creates interpretive scope (s 7(1)).","Multiple statutory exceptions that require judgment calls (assistance with gender transition, support, acceptance, coping skills) creating borderline factual questions for courts and regulators (s 7(2), examples).","Health‑professional exception conditioned on ‘reasonable professional judgment’ and legal/professional obligations, which invites disputes about clinical standards (s 7(3)).","Protected‑person concept widens coverage to children and persons with impaired decision‑making ability, linking to other statutes for definitions (dictionary: protected person; Guardianship and Management of Property Act 1991 referenced).","Consent is expressly excluded as a defence for the primary offence, raising enforcement and evidentiary issues (s 8(2)).","Criminalisation with significant penalties (150 penalty units and/or 12 months’ imprisonment) raises stakes for defendants and service providers (s 8(1); s 9).","Cross‑references to other legislation (Criminal Code application, Discrimination Act definitions of ‘gender identity’ and ‘sexuality’, Health Act definitions) increase legal complexity and require integrated statutory interpretation (s 5; s 7(4); dictionary).","Offence of removal from the ACT for conversion practice adds extra factual inquiries about purpose and location of conduct (s 9).","Limited procedural or enforcement detail within the Act itself means reliance on general criminal law principles (Criminal Code) for proof, defences and punishment (s 5 notes)."],"plain_english_summary":"This Act makes it a criminal offence to perform a “sexuality or gender identity conversion practice” on protected people (children and those with impaired decision‑making ability) or to remove them from the ACT to be subjected to such a practice. It exempts gender‑affirming care, supportive counselling and reasonable health services. The law attaches criminal penalties (fines and imprisonment) and applies even if the recipient or their parent/guardian consented, so it changes the legal risks faced by people and organisations offering or arranging such practices."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/sexuality-and-gender-identity-conversion-practices-act-2020","history":"/api/acts/sexuality-and-gender-identity-conversion-practices-act-2020/history","analysis":"/api/acts/sexuality-and-gender-identity-conversion-practices-act-2020/analysis","conflicts":"/api/acts/sexuality-and-gender-identity-conversion-practices-act-2020/conflicts","importantCases":"/api/acts/sexuality-and-gender-identity-conversion-practices-act-2020/important-cases","documents":"/api/acts/sexuality-and-gender-identity-conversion-practices-act-2020/documents"}}