This Act bans “conversion practices” — efforts to change or suppress a person’s sexual orientation or gender identity — and makes providing them unlawful (s3, s8). It establishes criminal offences (including imprisonment and fines) for harmful or cross‑border practices (s5–6) and a civil complaints scheme run by the Anti‑Discrimination Board President and the Tribunal with investigatory, conciliation and damages powers (Part 4; s15, s16, s42).
This Act creates a criminal and civil regime that targets so-called conversion practices as defined in section 3. Mechanically, it does three primary things.
First, it creates specific criminal offences in Part 3. Section 5 makes it an offence to provide or deliver a conversion practice to an individual with the intention of changing or suppressing the individual’s sexual orientation or gender identity where the practice causes mental or physical harm that either endangers life or is substantial. The maximum penalty for that offence is imprisonment for five years (s 5(1)). Section 6 makes it an offence to take or arrange to take an individual from New South Wales so they receive a conversion practice outside NSW, or to engage a person outside NSW to provide a conversion practice to someone in NSW; the maximum penalty is imprisonment for three years or 100 penalty units, or both (s 6(1)). Both criminal provisions explicitly state consent by the individual or, where relevant, a parent or guardian, does not negate the offence (s 5(4); s 6(2)). Each of those sections also contains an express note that the word person does not include an individual under 18 years for the purposes of that section (s 5(5); s 6(3)).
Second, the Act establishes a civil complaints scheme in Part 4 administered by the President of the Anti-Discrimination Board (the President) and the Civil and Administrative Tribunal (the Tribunal). Division 2 creates a broad prohibition: an entity contravenes the Act if the entity provides or delivers a conversion practice (s 8). Division 3 sets out who may lodge complaints (s 9-14), powers of the President to accept, decline or refer complaints (s 15), investigatory powers including notices to produce information (s 16-17), conciliation procedures (s 19), and timeframes such as periodic progress reports (s 18) and referral pathways to the Tribunal (ss 27-29). Division 4 sets Tribunal procedures and remedies, including interim orders (s 41), orders enjoining defendants and declaring contracts void (s 42(2)(b), (e)), and damages up to $100,000 for certain complaints (s 42(2)(a)). The President may, in the public interest, enforce Tribunal orders (s 44). The civil scheme contains confidentiality protections for information obtained under the scheme (ss 49-50).
Current sections
Direct links to the current provisions in Conversion Practices Ban Act 2024.
This Act commences on the day that is 12 months after the date of assent to this Act.
Part 2
Interpretation
Part 2 Interpretation
Part 2 Interpretation
3
Meaning of “conversion practices”
3 Meaning of “conversion practices”
3 Meaning of “conversion practices”
(1) In this Act, a conversion practice means a practice, treatment or sustained effort that is—
(a) directed to an individual on the basis of the individual’s sexual orientation or gender identity, and
(b) directed to changing or suppressing the individual’s sexual orientation or gender identity.
(2) For 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.
(3) A conversion practice does not include—
(a) a health service or treatment provided by a registered health practitioner that—
(i) the registered health practitioner has assessed as clinically appropriate in the registered health practitioner’s reasonable professional judgement, and
(ii) complies with all relevant legal, professional and ethical requirements, or
Examples of health services or treatments that do not constitute a conversion practice—
any of the following health services or treatments assessed by a registered health practitioner as clinically appropriate—
• genuinely assisting an individual who is exploring the individual’s sexual orientation or gender identity or considering or undergoing a gender transition
• genuinely assisting an individual who is receiving care and treatment related to the individual’s gender identity
• genuinely advising an individual about the potential impacts of gender affirming medical treatment
(b) genuinely 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
(c) the following expressions if the expression is not part of a practice, treatment or sustained effort, directed to changing or suppressing an individual’s sexual orientation or gender identity—
(i) an expression, including in prayer, of a belief or principle, including a religious belief or principle,
(ii) an expression that a belief or principle ought to be followed or applied.
(4) To avoid doubt, the following are examples of what does not constitute a conversion practice under this section—
(a) stating what relevant religious teachings are or what a religion says about a specific topic,
(b) general requirements in relation to religious orders or membership or leadership of a religious community,
(c) general rules in educational institutions,
(d) parents discussing matters relating to sexual orientation, gender identity, sexual activity or religion with their children.
4
Definitions
4 Definitions
4 Definitions
The dictionary in Schedule 2 defines words used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Part 3
Offences in relation to conversion practices
Part 3 Offences in relation to conversion practices
Part 3 Offences in relation to conversion practices
5
Offence of engaging in conversion practices that cause mental or physical harm
5 Offence of engaging in conversion practices that cause mental or physical harm
5 Offence of engaging in conversion practices that cause mental or physical harm
(1) A person commits an offence if the person provides or delivers a conversion practice to an individual—
(a) with the intention of changing or suppressing the individual’s sexual orientation or gender identity, and
(b) that causes mental or physical harm to the individual that—
(i) endangers the individual’s life, or
(ii) is substantial.
Maximum penalty—imprisonment for 5 years.
(2) For subsection (1)(b), the mental or physical harm—
(a) may be caused by any combination of conversion practices, and
(b) must be assessed by considering the totality of the conversion practices.
(3) Subsection (1) applies whether the conversion practice is provided or delivered—
(a) in New South Wales, or
(b) partly in New South Wales and partly outside New South Wales.
(4) To avoid doubt, subsection (1) applies whether or not any of the following consents to the conversion practice being provided or delivered—
(a) the individual,
(b) if the individual lacks legal capacity—a parent, guardian or other person who has decision-making authority for the individual.
(5) In this section—
person does not include an individual under the age of 18 years.
6
Offence of taking individuals from New South Wales, or engaging persons outside New South Wales, for conversion practices
6 Offence of taking individuals from New South Wales, or engaging persons outside New South Wales, for conversion practices
6 Offence of taking individuals from New South Wales, or engaging persons outside New South Wales, for conversion practices
(1) A person commits an offence if the person—
(a) takes an individual from New South Wales, or arranges for the individual to be taken from New South Wales, with the intention that a conversion practice be delivered or provided to the individual outside New South Wales, or
(b) engages a person outside New South Wales to provide or deliver a conversion practice to an individual in New South Wales.
Maximum penalty—imprisonment for 3 years or 100 penalty units, or both.
(2) To avoid doubt, subsection (1) applies whether or not any of the following consents to the individual being taken from New South Wales or arranges for the individual to be taken from New South Wales, or consents to the conversion practice being provided or delivered—
(a) the individual,
(b) if the individual lacks legal capacity—a parent, guardian or other person who has decision-making authority for the individual.
(3) In this section—
person does not include an individual under the age of 18 years.
Part 4
Civil complaints scheme
Part 4 Civil complaints scheme
Part 4 Civil complaints scheme
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
7
Definitions
7 Definitions
7 Definitions
In this part—
agent includes an Australian legal practitioner.
complainant means an individual by whom, or on whose behalf, a complaint is made.
complaint—
(a) means a complaint made under section 9, and
(b) includes a matter referred to the Tribunal as a complaint under section 27(2).
representative body means a body, whether incorporated or unincorporated, that—
(a) represents or purports to represent a group of individuals within New South Wales, whether or not the body is authorised by the individuals to represent the group, and
(b) has as its primary object the promotion of the interests or welfare of the group.
representative complaint means a complaint—
(a) made by an individual or other entity, which may comprise or include a representative body, on the individual’s or entity’s own behalf as well as on behalf of another individual, and
(b) treated by the Tribunal as a representative complaint.
respondent means an entity about whose conduct a complaint has been made.
Division 2
General prohibition
Division 2 General prohibition
Division 2 General prohibition
8
General prohibition on conversion practices
8 General prohibition on conversion practices
8 General prohibition on conversion practices
An entity contravenes this Act if the entity provides or delivers a conversion practice.
Division 3
Complaints
Division 3 Complaints
Division 3 Complaints
pt.4-div.3-sdiv.1
Lodgement of complaints
pt.4-div.3-sdiv.1 Lodgement of complaints
Subdivision 1 Lodgement of complaints
9
Individuals who may make a complaint
9 Individuals who may make a complaint
9 Individuals who may make a complaint
(1) A complaint alleging that an entity has contravened this Act may be made by the following—
(a) an individual—
(i) on the individual’s own behalf, or
(ii) on the individual’s own behalf as well as on behalf of another individual,
(b) a parent or guardian of an individual who lacks the legal capacity to lodge a complaint, including because of age or disability,
(c) a representative body on behalf of a named individual,
Note—
See section 10 for the requirements for a representative body to make a complaint on behalf of an individual.
(d) an agent of an individual referred to in paragraphs (a)–(c).
Note—
Under the Interpretation Act 1987, section 8(b), a reference to a word in the singular form includes a reference to the word in the plural form. Accordingly, a complaint may be made about a single entity or more than 1 entity and may be made by, or on behalf of, 1 individual or more than 1 individual.
(2) Nothing in this division prevents an individual from making a complaint even though the conduct in relation to which the complaint is made is also conduct in relation to which a representative complaint has been made.
Complaints made on behalf of others under section 9(1)(a) or (b)
10 Complaints made on behalf of others under section 9(1)(a) or (b)
10 Complaints made on behalf of others under section 9(1)(a) or (b)
(1) If a complaint is made on behalf of another individual (the other complainant) under section 9(1)(a) or (b)—
(a) the individual who makes the complaint is, for this division, taken to have the same rights, obligations and interests in relation to the investigation, conciliation or referral of the complaint as the other complainant, and
(b) the complaint is, for this part, taken to have been made by the other complainant on the complainant’s own behalf.
(2) For a complaint made wholly or partly on behalf of another individual, other than a complaint made on behalf of an individual who lacks legal capacity, the President may require—
(a) the individual on whose behalf the complaint is made to show that the complaint has been made with the individual’s consent, or
(b) the individual making the complaint to prove the individual has authority to act at all times in the complaint-handling process.
(3) For a complaint made wholly or partly on behalf of another individual, including a complaint made on behalf of an individual who lacks legal capacity, if at any time the President is not satisfied the individual who made the complaint is acting in the best interests of the individual or retains the confidence of the individual on whose behalf the complaint was made, the President may—
(a) appoint another individual to act in that behalf, or
(b) decline the complaint.
(4) The regulations may provide for matters that may be taken into consideration by the President in making a decision under subsection (3).
(5) If the President declines a complaint under subsection (3)(b), the President must advise the complainant, by written notice—
(a) that the complaint has been declined, and
(b) of the complainant’s rights under section 27.
11
Complaints by representative bodies
11 Complaints by representative bodies
11 Complaints by representative bodies
(1) Before a complaint may be made by a representative body as referred to in section 9(1)(c), the representative body must satisfy the President that—
(a) each individual on whose behalf the complaint is made consents to the complaint being made by the body on the individual’s behalf, and
(b) the body has a sufficient interest in the complaint, that the conduct that constitutes the alleged contravention is a matter of genuine concern to the body because of the way conduct of that nature adversely affects, or has the potential to adversely affect—
(i) the interests of the body, or
(ii) the interests or welfare of the group of individuals the body represents or purports to represent.
(2) The President may require a representative body that has made a complaint to nominate an individual to appear for the representative body in conciliation proceedings about the complaint.
12
Assistance by President in making complaints
12 Assistance by President in making complaints
12 Assistance by President in making complaints
The President may assist an individual to make a complaint.
13
Withdrawal of consent for complaint
13 Withdrawal of consent for complaint
13 Withdrawal of consent for complaint
(1) If a complaint has been made on an individual’s behalf with the individual’s consent, the individual may withdraw the consent by written notice to—
(a) the President, at any time before the complaint is—
(i) declined, terminated or otherwise resolved by the President, or
(ii) referred to the Tribunal, or
(b) the Tribunal, at any time before the complaint is dismissed, or found to be substantiated, by the Tribunal.
(2) If consent is withdrawn, the President or the Tribunal—
(a) must make arrangements for the complaint, or the part of the complaint relating to the individual, to be terminated, and
(b) if only part of the complaint is being terminated—may make other arrangements the President or Tribunal thinks appropriate for the further management of the complaint.
pt.4-div.3-sdiv.2
Making of complaints
pt.4-div.3-sdiv.2 Making of complaints
Subdivision 2 Making of complaints
14
Making of complaints
14 Making of complaints
14 Making of complaints
(1) A complaint must be—
(a) in writing, and
(b) lodged with the President.
(2) A complaint may be lodged with the President—
(a) by delivery by post, or
(b) by email to an email address specified on the Board’s website, or
(c) in another way prescribed by the regulations.
15
Acceptance, declining or referral of complaints
15 Acceptance, declining or referral of complaints
15 Acceptance, declining or referral of complaints
(1) The President must do one or more of the following in relation to a complaint—
(a) accept the complaint, in whole or in part,
(b) decline the complaint, in whole or in part,
(c) refer the complaint, in whole or in part, to a prescribed entity if—
(i) the President considers the conduct that is the subject of the complaint would be more appropriately dealt with by the prescribed entity and the complainant consents to the referral, or
(ii) the complaint is required, under another Act or law, to be referred to the prescribed entity.
(2) The President may decline a complaint if—
(a) no part of the conduct complained of could amount to a contravention of this Act, or
(b) the period of time that has passed since the whole or part of the conduct complained of occurred makes it impracticable to investigate the complaint, or
(c) the President is not satisfied the complaint was made by or on behalf of the complainant named in the complaint.
(3) The President must give notice of a decision to accept, decline or refer a complaint to—
(a) the individual who made the complaint, and
(b) if the respondent has been given notice of the complaint—the respondent.
(4) Notice under subsection (3) must be given within 28 days after the decision is made.
(5) A decision under this section to decline a complaint in whole or in part is not reviewable by the Tribunal.
(f) an entity of another State or Territory having functions that correspond to the functions of an entity referred to in paragraphs (a)–(e),
(g) another entity prescribed by the regulations.
pt.4-div.3-sdiv.3
Investigation and conciliation of complaints
pt.4-div.3-sdiv.3 Investigation and conciliation of complaints
Subdivision 3 Investigation and conciliation of complaints
16
President to investigate complaints
16 President to investigate complaints
16 President to investigate complaints
(1) The President must investigate each complaint accepted under section 15.
(2) The President may conduct a joint investigation into more than 1 complaint.
(3) The President must give notice to the parties if a joint investigation is undertaken.
17
Supplying information and documents
17 Supplying information and documents
17 Supplying information and documents
(1) The President may, by written notice given to a complainant or an entity against whom a complaint is made, require the complainant or entity to provide the following materials (relevant material)—
(a) information, orally or in writing,
(b) documents.
(2) The notice must specify the date, not less than 28 days after the date of the notice, by which the relevant material must be provided.
(3) A complainant or entity of whom a requirement is made under subsection (1) must—
(a) provide to the President any of the relevant material that is in the complainant’s or entity’s possession, custody or control within the period specified in the notice, unless the complainant or entity has a reasonable excuse for not doing so, and
(b) if the complainant or entity has a reasonable excuse for not providing the relevant material, or any part of the relevant material—give notice to the President of the excuse and the relevant material to which the excuse relates within the period specified in the notice.
Maximum penalty—
(a) for an individual—10 penalty units, or
(b) otherwise—50 penalty units.
(4) The President may, by written notice given to an entity other than an entity referred to in subsection (1), require the entity to supply the relevant material within—
(a) 28 days after the date of the notice, or
(b) another period specified in the notice.
(5) An entity that receives a notice under subsection (4) must—
(a) provide to the President any of the relevant material specified in the notice that is in the entity’s possession, custody or control within the period specified in the notice, unless the entity has a reasonable excuse, and
(b) if the entity has a reasonable excuse for not providing the relevant material, or a part of the relevant material—give notice to the President of the excuse and the relevant material to which the excuse relates within the period specified in the notice.
Maximum penalty—
(a) for an individual—10 penalty units, or
(b) otherwise—50 penalty units.
(6) If relevant material is not provided or supplied as required by a notice under this section, the President may, with the complainant’s consent, refer the complaint to the Tribunal.
18
Progress reports
18 Progress reports
18 Progress reports
The President must, as frequently as is reasonably convenient and at periods not exceeding 90 days, give notice to the parties to the complaint of the steps taken for the purpose of the investigation.
19
Resolution of complaint by conciliation
19 Resolution of complaint by conciliation
19 Resolution of complaint by conciliation
(1) If, in the President’s opinion, a complaint, other than a complaint the President has declined under section 22, may be resolved by conciliation, the President may, at any stage after accepting the complaint, try to resolve the complaint by conciliation.
(2) The President may, by written notice to the complainant or the respondent, require the complainant or respondent to appear before the President to try to resolve the complaint by conciliation.
(3) A notice under subsection (2) must not require the complainant to appear before the President with the respondent but may—
(a) require the complainant or respondent to appear separately, or
(b) invite the complainant to appear together with the respondent.
(4) An entity must comply with the terms of a notice under subsection (2).
Maximum penalty—
(a) for an individual—10 penalty units, or
(b) otherwise—50 penalty units.
(5) Evidence of anything said or done during conciliation proceedings under this section is not admissible in subsequent proceedings relating to the complaint.
(6) A written record must be prepared by the parties, and signed by or on behalf of each of the parties, of any agreement reached, following conciliation, about the subject matter of the complaint if a party requests the making of a record within 28 days after the agreement is reached.
(7) If a party to a recorded agreement considers that another party has not complied with the terms of the agreement, the party may, not later than 6 months after the date of the agreement, apply to the Tribunal to have the agreement registered.
Note—
See also the Civil and Administrative Tribunal Act 2013, section 41 which provides that the Tribunal may, of its own motion or on application by a person, extend the period of time for the doing of anything under any legislation in respect of which the Tribunal has jurisdiction.
(8) The party making the application must serve a copy of the application and the agreement on each other party.
(9) If the member of the Tribunal who hears the application is satisfied a party to the agreement has not complied with the terms of the agreement, the member must register any provisions of the agreement that, in the exercise of the Tribunal’s jurisdiction, could have been the subject of an order in proceedings relating to a complaint.
(10) The provisions of an agreement that are registered in accordance with this section are taken to be an order of the Tribunal and may be enforced accordingly.
20
No right to representation
20 No right to representation
20 No right to representation
A complainant or respondent in conciliation proceedings before the President must not be represented by another entity, except by leave of the President.
21
Amendment of complaint
21 Amendment of complaint
21 Amendment of complaint
(1) This section applies if, at any time after a complaint is made and before the complaint is declined, terminated or otherwise resolved by the President, or referred to the Tribunal—
(a) the entity making the complaint seeks to amend the complaint, or
(b) the President becomes aware of information that could conveniently be dealt with as part of the complaint.
(2) The entity making the complaint must be offered the opportunity to amend the complaint.
(3) An amendment may be made in writing but, if further written material is already in the possession of the President or the Board, the President may treat the written material as if it formed part of the complaint.
(4) If a complaint is amended at any time, the President must—
(a) inform the respondent, in writing, of the substance of the amendment, and
(b) if the effect of the amendment causes the complaint to be made against further or other entities—inform the entities, in writing, of the complaint as amended.
(5) Section 15 applies to the amendment of a complaint in the same way as it applies to the making of a complaint.
pt.4-div.3-sdiv.4
Declining of complaints during investigation
pt.4-div.3-sdiv.4 Declining of complaints during investigation
Subdivision 4 Declining of complaints during investigation
22
President may decline complaint during investigation
22 President may decline complaint during investigation
22 President may decline complaint during investigation
(1) This section applies if, at any stage of the President’s investigation of a complaint—
(a) the President is satisfied—
(i) the complaint, or part of the complaint, is frivolous, vexatious, misconceived or lacking in substance, or
(ii) the conduct alleged, or part of the conduct alleged, if proven, would not disclose the contravention of this Act, or
(iii) the period of time that has passed since the whole or part of the conduct complained of occurred makes it impracticable to investigate the complaint, or
(iv) the nature of the conduct alleged means further action by the President in relation to the complaint, or part of the complaint, is not warranted, or
(v) another more appropriate remedy has been, is being or should be pursued in relation to the complaint or part of the complaint, or
(vi) the subject matter of the complaint has been, is being or should be dealt with by another entity, or
(vii) the respondent has taken appropriate steps to remedy or redress the conduct, or part of the conduct, complained of, or
(viii) it is not in the public interest to take further action in relation to the complaint or part of the complaint, or
(b) the President is satisfied for any other reason no further action should be taken in relation to the complaint or part of the complaint.
(2) The President may, by written notice given to the complainant, decline the complaint or part of the complaint.
(3) The notice must include—
(a) the reason for declining the complaint or part of the complaint, and
(b) the rights of the complainant under sections 27 and 34.
pt.4-div.3-sdiv.5
Termination of complaints
pt.4-div.3-sdiv.5 Termination of complaints
Subdivision 5 Termination of complaints
23
Settlement or resolution of complaint
23 Settlement or resolution of complaint
23 Settlement or resolution of complaint
(1) If, at any stage of the President’s investigation of a complaint, the President is satisfied the complaint, or part of the complaint, has been settled or resolved by agreement between the parties, the President may terminate the complaint or part of the complaint.
(2) If the President terminates a complaint, or part of a complaint, under this section, the complainant has no right under section 27 to require the President to refer the complaint, or part of the complaint, to the Tribunal.
24
Withdrawal of complaint
24 Withdrawal of complaint
24 Withdrawal of complaint
(1) An individual who has made a complaint, other than a representative complaint, may at any time, by written notice lodged with the President, withdraw the complaint.
(2) The President must terminate the complaint if the President receives a notice under subsection (1) signed by or on behalf of—
(a) the complainant, or
(b) if there is more than 1 complainant—all the complainants.
(3) If the President receives a notice under subsection (1) signed by or on behalf of some, but not all, of the complainants, the President must treat the notice as an amendment by removing the names of the individuals as complainants from the complaint.
(4) The President must give written notice about a termination or amendment of a complaint under this section to the following—
(a) the complainant,
(b) the respondent,
(c) each individual on whose behalf the complaint was made.
(5) The President is not required to give a respondent notice of the termination of a complaint under this section if the President has not given notice to the respondent that the complaint was made.
25
Abandonment of complaint
25 Abandonment of complaint
25 Abandonment of complaint
(1) This section applies if a complainant has failed to—
(a) respond to a request for documents or information, or
(b) give notice to the President of an address or new address at which the complainant may be contacted.
(2) The President may, by written notice to the complainant at the complainant’s last known address, advise the complainant that, if a response is not received within 28 days after the notice is received—
(a) the complaint will be taken to be abandoned, and
(b) the President will terminate the complaint.
(3) A complaint terminated under this section may be revived if, within 12 months after the end of the 28-day period referred to in subsection (2), the complainant satisfies the President that—
(a) the complainant wishes to pursue the complaint, and
(b) the failure referred to in subsection (1)(a) or (b) did not take place or ought to reasonably be excused, and
(c) no undue prejudice would be caused to the respondent by reviving the complaint.
26
Death of complainant or respondent does not terminate complaint
26 Death of complainant or respondent does not terminate complaint
26 Death of complainant or respondent does not terminate complaint
(1) If a complainant dies before the complainant’s complaint is finally determined, the complaint survives and the legal personal representative of the complainant—
(a) may continue the carriage of the complaint, including any referral, review or appeal, and
(b) the estate of the complainant is entitled to the benefit of any monetary sum ordered to be paid by the respondent in relation to the complaint.
(2) If a respondent dies before a complaint against the respondent is finally determined—
(a) the complainant may continue to pursue the complaint, including any referral, review or appeal, and
(b) any monetary sum ordered to be paid in relation to the complaint is payable from the estate of the respondent.
pt.4-div.3-sdiv.6
Referral of complaints to Tribunal
pt.4-div.3-sdiv.6 Referral of complaints to Tribunal
Subdivision 6 Referral of complaints to Tribunal
27
Referral of complaints to Tribunal at requirement of complainant
27 Referral of complaints to Tribunal at requirement of complainant
27 Referral of complaints to Tribunal at requirement of complainant
(1) If the President has given a complainant a notice under section 10(5) or 22(2), the complainant may, within 21 days after the date on which the notice was given, require the President, by written notice, to refer the complaint to the Tribunal.
(2) On receipt of a notice under subsection (1) from the complainant, the President must refer the complaint to the Tribunal.
28
Referral of unresolved complaints to Tribunal after 18 months
28 Referral of unresolved complaints to Tribunal after 18 months
28 Referral of unresolved complaints to Tribunal after 18 months
(1) If a complaint has not been declined, terminated or otherwise resolved within 18 months after the date on which it was made, a party to the complaint may request the President, by written notice, to refer the complaint to the Tribunal.
(2) On receipt of the notice, the President must give written notice to all the other parties to the complaint of the request.
(3) If, within 28 days after the President gives notice to all the other parties, no party has objected to the referral of the complaint, the President must refer the complaint to the Tribunal.
(4) If the complainant objects to the referral of the complaint, the President must not refer the complaint to the Tribunal, but may, if satisfied there is no reasonable prospect of a conciliated agreement, terminate the complaint.
(5) If the respondent objects to the referral of the complaint, the President must, if the complainant consents, refer the complaint to the Tribunal, unless satisfied there are reasonable prospects of a conciliated agreement.
29
Other referral of complaints to Tribunal
29 Other referral of complaints to Tribunal
29 Other referral of complaints to Tribunal
(1) This section applies if the President—
(a) considers that a complaint cannot be resolved by conciliation, or
(b) has tried to resolve a complaint by conciliation but has not been successful, or
(c) considers that, because of the nature of a complaint, the complaint should be referred to the Tribunal, or
(d) is satisfied that all parties wish the complaint to be referred to the Tribunal and it is appropriate in the circumstances to make the referral.
(2) The President must, with the complainant’s consent, refer the complaint to the Tribunal.
Note—
The President may also refer a complaint to the Tribunal under section 17(6).
30
Severing complaints
30 Severing complaints
30 Severing complaints
If there is more than 1 complainant or respondent to a complaint, the President may, in dealing with the complaint under section 28 or 29, if the President thinks fit, treat the complaint as a number of complaints by or against each complainant or respondent.
31
Form of complaint to be referred to Tribunal
31 Form of complaint to be referred to Tribunal
31 Form of complaint to be referred to Tribunal
(1) If a complaint is referred to the Tribunal under this division, the complaint must comprise—
(a) the original complaint lodged with the President, and
(b) any amendment made under section 21, and
(c) any other documents or information obtained or recorded by the President that, in the President’s opinion, help to identify the subject matter of the complaint or otherwise contain an allegation of a contravention of a provision of this Act or the regulations.
(2) A complaint referred to the Tribunal must be accompanied by a report relating to any investigation by the President of the complaint.
pt.4-div.3-sdiv.7
Miscellaneous
pt.4-div.3-sdiv.7 Miscellaneous
Subdivision 7 Miscellaneous
32
Delegation—officers of President
32 Delegation—officers of President
32 Delegation—officers of President
(1) The President may delegate the exercise of a function of the President under this part to—
(a) a specified individual, or
(b) the holder of a specified office.
(2) An individual who is a delegate of the President under this section is a member of staff of the President.
(3) Nothing in this section limits the application of the Interpretation Act 1987, section 49.
Division 4
Complaints referred to Tribunal
Division 4 Complaints referred to Tribunal
Division 4 Complaints referred to Tribunal
33
Referral of complaints to Tribunal
33 Referral of complaints to Tribunal
33 Referral of complaints to Tribunal
(1) A complaint may be referred to the Tribunal by the President under section 17, 27, 28 or 29.
(2) The Minister may refer any matter to the Tribunal as a complaint.
34
Leave of Tribunal required for inquiry into certain matters
34 Leave of Tribunal required for inquiry into certain matters
34 Leave of Tribunal required for inquiry into certain matters
A complaint referred to the Tribunal on the requirement of a complainant under section 27(1) may not be the subject of proceedings before the Tribunal without the leave of the Tribunal.
35
Fees or rewards for representing parties
35 Fees or rewards for representing parties
35 Fees or rewards for representing parties
An entity, other than an Australian legal practitioner, is not entitled to demand or receive a fee or reward that is provided for the purpose of representing a party in proceedings before the Tribunal relating to a complaint.
36
Member of staff assisting Tribunal
36 Member of staff assisting Tribunal
36 Member of staff assisting Tribunal
(1) The Tribunal may make arrangements with the Board for a member of staff of the Board to appear and assist the Tribunal in proceedings before the Tribunal relating to a complaint.
(2) A member of staff of the Board who assists the Tribunal in proceedings under arrangements made under this section is subject to the control and direction of the Tribunal.
37
Single proceeding in relation to several complaints
37 Single proceeding in relation to several complaints
37 Single proceeding in relation to several complaints
If, in the Tribunal’s opinion, 2 or more complaints arise out of the same or substantially the same circumstances or subject matter, the Tribunal may deal with the complaints in the same proceedings.
38
Determinations with respect to representative complaints
38 Determinations with respect to representative complaints
38 Determinations with respect to representative complaints
(1) In proceedings relating to a representative complaint, the Tribunal must determine, as a preliminary matter, whether the complaint should be dealt with as a representative complaint.
(2) The Tribunal must not permit a complaint to be dealt with as a representative complaint unless the Tribunal is satisfied the complaint is made in good faith as a representative complaint.
(3) In considering whether a complaint is made in good faith as a representative complaint, the Tribunal must be satisfied—
(a) that—
(i) the complainant is a member of a class of entities whose members have been affected, or may reasonably be likely to be affected, by the conduct of the respondent, and
(ii) the complainant has in fact been affected by the conduct of the respondent, and
(iii) the class is so numerous that joinder of all its members is impracticable, and
(iv) there are questions of law or fact common to all members of the class, and
(v) the claims of the complainant are typical of the claims of the class, and
(vi) multiple complaints would be likely to produce varying determinations that could have incomparable or inconsistent results for the individual members of the class, and
(vii) the respondent has acted on grounds apparently applying to the class as a whole, making relief appropriate for the class as a whole, or
(b) that, even though the requirements of paragraph (a) are not satisfied, the justice of the case demands that the matter be dealt with and a remedy provided by means of a representative complaint.
(4) If the Tribunal is satisfied a complaint could be dealt with as a representative complaint if the class of individuals on whose behalf the complaint was made is increased, reduced or otherwise altered, the Tribunal may amend the complaint so the complaint may be dealt with as a representative complaint.
(5) If the Tribunal is satisfied a complaint has been wrongly made as a representative complaint, the Tribunal may amend the complaint by removing the names of the individuals or the class of individuals on whose behalf the complaint was made so the complaint may be dealt with as a complaint other than a representative complaint.
39
Tribunal may dismiss complaint
39 Tribunal may dismiss complaint
39 Tribunal may dismiss complaint
The Tribunal may, at any stage in proceedings relating to a complaint, dismiss the whole or part of the complaint on a ground on which the President may decline the whole or part of a complaint under section 22(1)(a)(i) or (ii) or (b).
40
Tribunal may amend complaint
40 Tribunal may amend complaint
40 Tribunal may amend complaint
(1) The Tribunal may, on the application of a party to a complaint or on the Tribunal’s own motion, at any stage in proceedings relating to the complaint, amend the complaint.
(2) A complaint may be amended to include additional complaints and anything else that was not included in the complaint as investigated by the President.
(3) An amendment may be made subject to conditions the Tribunal thinks fit.
41
Interim orders
41 Interim orders
41 Interim orders
(1) The Tribunal may, on the application of the President after a complaint is made but before the complaint is declined, terminated or otherwise resolved by the President, or referred to the Tribunal, or on the application of a complainant or respondent at any time, make an interim order pending the determination of the matter that is the subject of the complaint—
(a) to preserve the status quo between the parties to the complaint, or
(b) to preserve the rights of the parties to the complaint, or
(c) to return the parties to the complaint to the circumstances they were in before the contravention of this Act or the regulations alleged in the complaint occurred.
(2) To avoid doubt, the Civil and Administrative Tribunal Act 2013, section 62 applies to an interim order of the Tribunal in the same way as it applies to a general decision of the Tribunal.
42
Order or other decision of Tribunal
42 Order or other decision of Tribunal
42 Order or other decision of Tribunal
(1) In proceedings relating to a complaint, the Tribunal may—
(a) dismiss the complaint in whole or in part, or
(b) find the complaint substantiated in whole or in part.
(2) If the Tribunal finds the complaint substantiated in whole or in part, the Tribunal may do any one or more of the following—
(a) except for a matter referred to the Tribunal under section 33(2)—order the respondent to pay the complainant damages not exceeding $100,000 by way of compensation for any loss or damage suffered because of the respondent’s conduct,
(b) make an order enjoining the respondent from continuing or repeating any conduct that is unlawful under this Act,
(c) except for a representative complaint or a matter referred to the Tribunal under section 33(2)—order the respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant,
(d) order the respondent to publish an apology or a retraction in relation to the matter that is the subject of the complaint and, as part of the order, give directions about the time, form, extent and way of publishing the apology or retraction,
(e) make an order declaring void in whole or in part specified in the order a contract or agreement made in contravention of this Act,
(f) decline to take any further action in the matter.
(3) An order of the Tribunal may extend to conduct of the respondent that affects individuals other than the complainant if the Tribunal, having regard to the circumstances of the case, considers the extension is appropriate.
(4) The power of the Tribunal to award damages to a complainant is taken, for a complaint lodged by a representative body, to be a power to award damages to the individual on behalf of whom the complaint is made and not to include a power to award damages to the representative body.
(5) In making an order for damages about a complaint made on behalf of an individual, the Tribunal may make the order the Tribunal thinks fit about the application of damages for the benefit of the individual.
(6) If the Tribunal makes an order under subsection (2)(b)–(e), the Tribunal may also order that, in default of compliance with the order within the time specified by the Tribunal, the respondent must pay the complainant damages not exceeding $100,000 by way of compensation for failure to comply with the order.
43
Interest on damages
43 Interest on damages
43 Interest on damages
(1) Interest accrues on an amount of damages ordered to be paid by the Tribunal from the date on which the order takes effect until payment.
(2) Despite subsection (1), the Tribunal may order that interest accrues on an amount of damages ordered to be paid by the Tribunal from a date that is earlier than the date on which the order is made.
(3) Interest referred to in this section accrues at the same rate as that applicable to a judgment of the District Court.
44
Enforcement of orders by President
44 Enforcement of orders by President
44 Enforcement of orders by President
If the President believes it is in the public interest, the President may—
(a) for an individual complaint—take steps to enforce an order of the Tribunal on behalf of the complainant with the complainant’s consent, or
(b) for a representative complaint—take steps to enforce an order of the Tribunal on the President’s own motion.
45
Enforcement of non-monetary orders
45 Enforcement of non-monetary orders
45 Enforcement of non-monetary orders
(1) This section applies to an order, or part of an order, of the Tribunal other than an order, or part of an order, for the recovery of an amount ordered to be paid by the Tribunal or a civil or other penalty ordered to be paid by the Tribunal.
(2) For the purpose of enforcing an order, or part of an order, to which this section applies, a registrar of the Tribunal may certify the making of the order, or part of the order, and the terms.
(3) A certificate of a registrar of the Tribunal under this section that is filed in the registry of the Supreme Court operates as a judgment of that Court.
(1) The Board may, by resolution, decide to do any of the following—
(a) carry out investigations, research and inquiries relating to conversion practices,
(b) acquire and disseminate knowledge on all matters relating to conversion practices,
(c) arrange and coordinate consultations, discussions, seminars and conferences,
(d) consult with governmental, business and community groups and organisations,
(e) hold public inquiries,
(f) liaise or collaborate with academics and other entities engaged in carrying out investigations, research or inquiries relating to conversion practices to facilitate disclosure to the entities of information obtained under this Act.
(2) The Board may, for the purposes of exercising any of the Board’s functions under this part, enter into an agreement with an entity that provides for payment to the Board for any services or materials the Board supplies.
(3) A resolution of the Board relating to a matter referred to in subsection (1) or section 48(2) must be implemented by the President.
48
Referral of certain matters to the Board by the Minister
48 Referral of certain matters to the Board by the Minister
48 Referral of certain matters to the Board by the Minister
(1) The Minister may refer to the Board any matter relating to the following that conflicts with, or may give rise to conflict with, this Act or the regulations—
(a) a law or proposed law,
(b) a practice, alleged practice or proposed practice of a person or a class of persons.
(2) The Board must—
(a) conduct an examination of a matter referred to the Board by the Minister under subsection (1), and
(b) report to the Minister about its findings and conclusions.
Division 6
Confidentiality
Division 6 Confidentiality
Division 6 Confidentiality
49
Definitions
49 Definitions
49 Definitions
In this division—
court includes a tribunal having power to require the production of documents or the answering of questions.
produce includes to permit access to.
protected information means information about the affairs of an individual or other entity obtained by a relevant person—
(a) while exercising functions under this Act, or
(b) as a result of another person exercising functions under this Act.
relevant person means a person who is or has been—
(c) a member of staff of the President within the meaning of the Anti-Discrimination Act 1977, section 94C(2), or
(d) another entity acting under the authority of the Board under this Act, or
(e) an academic or other entity referred to in section 47(1)(f).
50
Prohibition on disclosure of protected information
50 Prohibition on disclosure of protected information
50 Prohibition on disclosure of protected information
(1) A relevant person must not, directly or indirectly, make a record of, disclose or otherwise communicate protected information to an entity unless—
(a) the making of the record, disclosure or other communication is necessary for the purposes of, or in connection with, the exercise of a function under this Act or is otherwise permitted under this Act, or
(b) the protected information is otherwise publicly available, or
(c) the protected information is authorised or required to be disclosed under another Act.
Maximum penalty—10 penalty units.
(2) Protected information is inadmissible in a court and an entity cannot be required, by subpoena or otherwise, to produce or disclose the protected information other than in proceedings, including a prosecution, under or arising out of this Act.
(3) Protected information may be disclosed or otherwise communicated to the Minister, or recorded for that purpose, if the President certifies, in writing, that the disclosure, other communication or making of the record is necessary in the public interest.
Division 7
Miscellaneous
Division 7 Miscellaneous
Division 7 Miscellaneous
51
President or Board not to prejudice certain proceedings or investigations
51 President or Board not to prejudice certain proceedings or investigations
51 President or Board not to prejudice certain proceedings or investigations
(1) The President or the Board must not exercise the President’s or Board’s functions under this Act in a way that would prejudice criminal proceedings or a criminal investigation.
(2) For ensuring compliance with subsection (1), the President or Board may consult—
(a) the Director of Public Prosecutions, or
(b) the Commissioner of Police.
52
Obstruction
52 Obstruction
52 Obstruction
An entity must not, without reasonable excuse, obstruct, hinder or resist—
(a) the President, or a member of the President’s staff, in the exercise of the President’s or staff member’s functions under this Act, or
(b) a member of the Board in the exercise of the member’s functions under this Act.
Maximum penalty—
(a) for an individual—10 penalty units, or
(b) otherwise—50 penalty units.
53
Liability of principals and employers
53 Liability of principals and employers
53 Liability of principals and employers
(1) An act done by an individual as the agent or employee of the individual’s principal or employer that, if done by the principal or employer, would be a contravention of this Act is taken to also have been done by the principal or employer unless the principal or employer did not, either before or after the doing of the act, authorise the agent or employee, either expressly or by implication, to do the act.
(2) If both the principal or employer and the agent or employee who did the act are subject to any liability arising under this Act in relation to the doing of the act, they are jointly and severally subject to that liability.
(3) A principal or employer is not liable under subsection (1) if the principal or employer took all reasonable steps to prevent the agent or employee from contravening this Act.
(4) For subsection (1), the principal or employer of a volunteer or unpaid trainee who contravenes this Act is the entity on whose behalf the volunteer or unpaid trainee provides services.
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
54
Review of Act
54 Review of Act
54 Review of Act
(1) The Minister must review this Act to determine whether—
(a) the policy objectives of the Act remain valid, and
(b) the terms of the Act remain appropriate for securing the objectives.
(2) The review must be undertaken as soon as possible after the period of 3 years from the commencement of this Act.
(3) A report on the outcome of the review must be tabled in each House of Parliament within 4 years after the commencement of this Act.
55
Regulations
55 Regulations
55 Regulations
The Governor may make regulations about a matter that is—
(a) required or permitted by this Act to be prescribed, or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
relevant person, for Part 4, Division 6—see section 49.
sexual orientation—
(a) means an individual’s sexual orientation towards—
(i) individuals of the same sex, or
(ii) individuals of a different sex, or
(iii) individuals of the same sex and individuals of a different sex, and
(b) includes having a lack of sexual attraction to any individual of any sex.
Tribunal means the Civil and Administrative Tribunal.
Schedule 3
Schedule 3
Schedule 3 (Repealed)
sch 3: Rep 1987 No 15, sec 30C.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Conversion Practices Ban Act 2024.
2 Commencement
2 Commencement
2 Commencement
This Act commences on the day that is 12 months after the date of assent to this Act.
Part 2 Interpretation
Part 2 Interpretation
Part 2 Interpretation
3 Meaning of “conversion practices”
3 Meaning of “conversion practices”
3 Meaning of “conversion practices”
(1) In this Act, a conversion practice means a practice, treatment or sustained effort that is—
(a) directed to an individual on the basis of the individual’s sexual orientation or gender identity, and
(b) directed to changing or suppressing the individual’s sexual orientation or gender identity.
(2) For 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.
(3) A conversion practice does not include—
(a) a health service or treatment provided by a registered health practitioner that—
(i) the registered health practitioner has assessed as clinically appropriate in the registered health practitioner’s reasonable professional judgement, and
(ii) complies with all relevant legal, professional and ethical requirements, or
Examples of health services or treatments that do not constitute a conversion practice—
any of the following health services or treatments assessed by a registered health practitioner as clinically appropriate—
• genuinely assisting an individual who is exploring the individual’s sexual orientation or gender identity or considering or undergoing a gender transition
Third, it provides machinery for governance, delegation and review: the President may delegate functions to staff (s 32); the Board may perform additional investigatory and research functions, enter paid arrangements for services and liaise with other entities (s 47); the Minister may refer matters to the Board for examination (s 48); the Board and President must avoid prejudicing criminal proceedings (s 51); and the Minister must review the Act after three years from commencement and table a report within four years (s 54). The Act commences 12 months after assent (s 2) and applies only to conduct occurring on or after commencement (Schedule 1, pt 2, cl 2).
Throughout the Act, key definitional rules shape scope: the definition of “conversion practice” in s 3 sets the prohibited conduct and lists explicit exceptions for registered health practitioner services assessed as clinically appropriate and compliant with legal/professional/ethical requirements (s 3(3)(a)), for facilitation of coping skills or identity exploration (s 3(3)(b)), and for expressions of belief not part of a directed practice (s 3(3)(c)). Section 3(2) makes it irrelevant whether the actor is mistaken about the individual’s sexual orientation or gender identity. The civil scheme frames parties as “entities” (Schedule 2) and allows representative complaints, subject to tests in ss 11 and 38.
This is a rules-and-process instrument: criminal liability is concentrated in Part 3 with specified maximum penalties and civil remedies and investigatory powers are concentrated in Part 4, with the President and the Tribunal holding decision-making power (see ss 5-6; ss 15-17; ss 41-44). The Act also empowers regulation-making to fill procedural gaps (s 55) and contains transitional and savings provisions about the timing and effect of regulations (Schedule 1, cl 1).
Main concepts
Key legal concepts are defined and repeated through the Act. The deep functional definitions and operational rules are contained in section 3 and Schedule 2.
Conversion practice (s 3)
Defined as a practice, treatment or sustained effort that (a) is directed to an individual on the basis of their sexual orientation or gender identity, and (b) is directed to changing or suppressing that sexual orientation or gender identity (s 3(1)). The statute therefore requires both a state of purposive direction (directed to the individual because of sexual orientation or gender identity) and an objective or intent to change or suppress that attribute.
Subsection 3(2) states it is irrelevant whether the practice is based on an incorrect assumption or belief about the individual’s sexual orientation or gender identity. The Act therefore captures actions taken under mistaken belief about the target’s identity.
Exceptions and examples (s 3(3)-(4))
Registered health practitioner exception: a conversion practice does not include a health service or treatment provided by a registered health practitioner that the practitioner has assessed as clinically appropriate in the practitioner’s reasonable professional judgement and which complies with all relevant legal, professional and ethical requirements (s 3(3)(a)). The section provides examples of services that do not constitute conversion practices when assessed as clinically appropriate: assisting an individual exploring sexual orientation or gender identity, assisting someone receiving care related to gender identity, and advising about potential impacts of gender-affirming medical treatment.
Support and identity exploration: s 3(3)(b) carves out counselling or facilitation of coping skills, development or identity exploration that provides acceptance or support.
Expressions of belief: s 3(3)(c) excludes expressions of belief, including religious beliefs, and expressions that a belief ought to be followed, provided those expressions are not part of a practice directed to changing or suppressing an individual’s sexual orientation or gender identity. Section 3(4) gives further examples that are not conversion practices, including stating religious teachings, general religious membership requirements, general rules in educational institutions, and parents discussing sexual orientation/gender identity with children.
Entity and person (Schedule 2)
“Entity” includes a person (which in turn, via the Interpretation Act, includes individuals and corporations) and unincorporated bodies (Schedule 2). For the criminal provisions in Part 3, some subsections explicitly state that “person does not include an individual under the age of 18 years” (s 5(5); s 6(3)), affecting who may be prosecuted under those sections.
Civil enforcement architecture (Part 4)
President (President of the Anti-Discrimination Board) is the initial decision-maker: accepts, declines, investigates, conciliates and may refer complaints (ss 15-16, 19). The President may require information or documents from complainants, respondents and third parties (s 17) and must report progress at intervals not exceeding 90 days (s 18).
Tribunal (NCAT) is the adjudicator when matters are referred. The Tribunal can make interim orders (s 41), substantive orders including damages up to $100,000, injunctions, orders to perform redressive acts, publication orders, and declarations voiding contracts made in contravention of the Act (s 42). The Tribunal may also register conciliated agreements and enforce registered provisions as orders (s 19(9)-(10)).
Representative bodies may bring complaints subject to preconditions in s 11 and representative-complaint tests at the Tribunal stage in s 38.
Confidentiality design: “protected information” obtained under the civil scheme is subject to non-disclosure rules (ss 49-50), and is inadmissible in other courts except in proceedings under or arising out of this Act (s 50(2)).
Interaction with health regulation
The Act references the Health Practitioner Regulation National Law (NSW) for the definition of registered health practitioner (Schedule 2). It lists prescribed entities in s 15(6) that may receive referrals such as the Health Care Complaints Commission and AHPRA, indicating a designed interaction with existing regulatory regimes.
Timing and scope
Commencement is 12 months after assent (s 2) and the Act applies only to acts on or after commencement (Schedule 1, pt 2, cl 2). The Minister must review the Act three years after commencement and table a report within four years (s 54).
Governance and delegation
The President may delegate functions to staff (s 32). The Board may conduct research and enter into paid agreements for services (s 47(1)-(2)). The Minister may refer matters to the Board for examination (s 48). The President and Board are constrained from prejudicing criminal proceedings (s 51).
Mechanically, these are the textually anchored building blocks that determine what behaviour is prohibited, what activities are carved out, who enforces the rules, the remedies available and how evidentiary confidentiality is managed.
Who it affects
The Act creates a mix of criminal and civil exposures that touch different actors in predictable ways. The statutory language identifies who may be complainants, respondents and decision-makers.
Potential respondents (who may be ordered or prosecuted)
Any entity that “provides or delivers a conversion practice” contravenes the Act (s 8). Schedule 2 defines “entity” to include persons (individuals and corporations) and unincorporated bodies. That scope captures clinicians, counsellors, religious organisations, private businesses, unincorporated groups and unpaid volunteers if they provide or deliver a conversion practice.
Principals and employers can be vicariously liable for acts done by agents or employees unless they did not authorise the act (s 53(1)-(2)) or they took all reasonable steps to prevent the contravention (s 53(3)). The Act also explicitly treats the principal or employer of a volunteer or unpaid trainee as the entity on whose behalf services are provided (s 53(4)).
Registered health practitioners are subject to a specific carve-out for certain clinically appropriate services (s 3(3)(a)). The carve-out depends on the practitioner’s reasonable professional judgement and compliance with legal, professional and ethical requirements. The Act does not itself define those professional rules; it references the Health Practitioner Regulation National Law for the term “registered health practitioner” (Schedule 2), and s 15(6) allows referral to health regulators (AHPRA, Health Care Complaints Commission).
For criminal liability under ss 5-6, the text includes an explicit statement that “person does not include an individual under the age of 18 years” (s 5(5); s 6(3)). The Act thus excludes persons under 18 from the statutory definition of “person” for those sections. The civil scheme does not contain the same exclusion and uses “entity” with broader coverage, so different liabilities may attach in the civil process.
Complainants and representatives (who may bring claims)
An individual may complain on their own behalf or on behalf of another individual (s 9(1)(a)). Parents or guardians may complain where an individual lacks legal capacity (s 9(1)(b)). Representative bodies may complain on behalf of a named individual but must first satisfy the President of consent and sufficient interest (s 11). Agents, including Australian legal practitioners, may lodge complaints on behalf of complainants (s 9(1)(d); s 7 definition of agent). Representative complaints have additional Tribunal tests (s 38) before being treated as class-style matters.
Decision-makers and enforcers
The President of the Anti-Discrimination Board is the gatekeeper for the civil scheme: accepts, declines, investigates, conciliates, refers and conducts investigations (s 15; s 16; s 19). The President may delegate to staff (s 32). The Tribunal is the adjudicative body for referred matters, with express powers to award damages, enjoin conduct and declare contracts void (s 42).
Prescribed entities (police, HCCC, AHPRA, Health Professional Councils Authority and similar bodies in other jurisdictions) are existing regulators the President can refer matters to (s 15(1)(c); s 15(6)). The Minister may also refer matters to the Tribunal (s 33(2)) and refer matters to the Board for examination (s 48).
Who bears costs
Respondents may be ordered to pay damages up to $100,000 for certain complaints (s 42(2)(a)). The Tribunal may also order damages for non-compliance with its orders (s 42(2) final limb). The President may enforce Tribunal orders on behalf of complainants in individual complaints with the complainant’s consent or on the President’s own motion for representative complaints (s 44). The Board may enter into paid arrangements under s 47(2), implying the Board may receive funds for services or materials it supplies.
Cross-border reach
Criminal liability reaches conduct partly outside NSW if the conversion practice is provided partly in NSW or partly outside NSW (s 5(3)). Section 6 addresses cross-border schemes and makes it an offence to take someone from NSW to receive conversion practices or to engage persons outside NSW to provide conversion practices to someone in NSW (s 6(1)), exposing organisers and facilitators to liability.
Organisations that provide health, counselling or pastoral care
Registered health practitioners retain a pathway for clinically appropriate services (s 3(3)(a)). However, the Act’s definitions and the investigatory remit (s 17) will require entities that provide health, counselling or pastoral services to review procedures, supervision, record-keeping and to be ready to demonstrate that services complied with legal, professional and ethical requirements.
Who decides and how
The President makes initial procedural decisions including whether a complaint is accepted, declined or referred (s 15). Some President decisions to decline are not reviewable by the Tribunal (s 15(5)). The Tribunal decides remedies and can make orders affecting conduct and property (s 42). The Act requires the President and Board to avoid prejudicing criminal proceedings (s 51) and enables consultation with the DPP and Police (s 51(2)).
All of these effects are textually anchored in the cited sections and Schedule 2 definitions. How entities choose to respond will be constrained by the Act’s definitional thresholds (directed to changing or suppressing and directed on basis of sexual orientation or gender identity), the listed exceptions, and the investigatory and remedial powers given to the President and Tribunal.
Key duties and rights
The Act imposes duties and confers procedural rights at criminal and civil levels. Below are the principal duties and procedural rights expressly set out.
Primary prohibitions and duties
Duty not to provide conversion practices: An entity contravenes the Act if it provides or delivers a conversion practice (s 8). That is the Act’s civil prohibition.
Criminal duties: A person must not provide or deliver a conversion practice with the intention of changing or suppressing an individual’s sexual orientation or gender identity where the conduct causes substantial or life-endangering mental or physical harm (s 5(1)). A person must not take an individual from NSW, arrange for that person to be taken from NSW, or engage a person outside NSW to provide a conversion practice to an individual in NSW (s 6(1)). Consent does not remove criminal liability for these offences (s 5(4); s 6(2)).
Information and cooperation duties
The President may require relevant parties to provide information or documents (s 17(1)). Notices must allow not less than 28 days for compliance (s 17(2)). Complainants, respondents and third parties must comply unless they have a reasonable excuse; penalties are prescribed for non-compliance (s 17(3)-(5)). If relevant material is not provided under s 17, the President may refer the complaint to the Tribunal with the complainant’s consent (s 17(6)).
Parties must comply with conciliation appearance notices from the President. Section 19(2) allows the President to require appearance; s 19(4) prescribes penalties for non-compliance.
Employer and principal duties
Employers and principals are liable for acts done by agents or employees that would contravene the Act unless the principal or employer did not authorise the act either before or after it occurred (s 53(1)). Liability is joint and several if both agent/employee and principal/employer are liable (s 53(2)). The principal or employer has an affirmative defence if they took all reasonable steps to prevent the contravention (s 53(3)). For volunteers and unpaid trainees, the principal/employer is treated as the entity on whose behalf the services were provided (s 53(4)).
Confidentiality and non-disclosure duties
Relevant persons (Board members, staff, and certain other persons) must not record or disclose “protected information” except where necessary for functions under the Act, publicly available, or authorised by another Act (s 50(1)). The maximum penalty for unauthorised disclosure is 10 penalty units (s 50(1)). Protected information is inadmissible in other courts and cannot be subpoenaed other than in proceedings under or arising out of this Act (s 50(2)). The President may permit disclosure to the Minister where the President certifies the disclosure is necessary in the public interest (s 50(3)).
Rights of complainants and respondents
Right to make complaints: Individuals, parents/guardians, representative bodies (subject to s 11) and agents can lodge complaints (s 9). The President may assist an individual to make a complaint (s 12).
Procedural rights: A complainant receives notice of the President’s decision to accept, decline or refer a complaint within 28 days (s 15(3)-(4)). A complainant may withdraw consent for a complaint made on their behalf before certain stages (s 13). If a complaint is declined or a notice under s 10(5) or s 22(2) is given, a complainant may require referral to the Tribunal under s 27 within 21 days (s 27(1)-(2)).
Representation limits: In conciliation before the President a party must not be represented except by leave of the President (s 20). In Tribunal proceedings, normal Tribunal rules apply; the Act restricts fees: non-lawyers cannot demand or receive fees for representing parties in Tribunal proceedings (s 35).
Right to Tribunal relief: If the Tribunal finds a complaint substantiated it may dismiss or find substantiated (s 42(1)), and if substantiated the Tribunal may award remedies including damages up to $100,000 (s 42(2)(a)), injunctions (s 42(2)(b)), redressive acts (s 42(2)(c)), publication orders (s 42(2)(d)), and voiding contracts (s 42(2)(e)). The Tribunal may extend orders to conduct affecting persons other than the complainant where appropriate (s 42(3)).
Powers of the President and Tribunal
The President must investigate accepted complaints (s 16(1)), may hold joint investigations (s 16(2)), may decline complaints at various stages and give reasons (s 15(2); s 22), and can attempt conciliation at any stage (s 19(1)). The Tribunal has powers to make interim orders to preserve status quo, rights or return parties to pre-contravention circumstances (s 41(1)), and to enforce or certify non-monetary orders for filing in the Supreme Court registry (s 45(2)-(3)).
Regulatory and review duties
The Governor may make regulations on matters necessary or convenient for carrying out the Act (s 55). The Minister must review the Act three years after commencement and table a report within four years (s 54). Schedule 1 permits transitional regulations for up to two years following commencement (Schedule 1, cl 1).
Obstruction and compliance duties
Entities must not, without reasonable excuse, obstruct or hinder the President, President’s staff or Board members exercising functions under the Act (s 52). Penalties are specified for individuals and non-individual entities (s 52).
Taken together, these duties and rights create a compliance landscape where entities must avoid delivering conversion practices, respond to investigatory notices, and manage employer liability through documented preventive steps. They also give complainants procedural paths from complaint to conciliation to Tribunal relief, with specific limits on representation and confidentiality safeguards for materials obtained in the process.
Penalties and enforcement
The Act creates both criminal penalties with specified maximum punishments and civil enforcement pathways with monetary and non-monetary remedies. It sets out investigatory and compliance enforcement powers for the President and the Tribunal.
Criminal penalties (Part 3)
Section 5: Offence of engaging in conversion practices that cause mental or physical harm. Maximum penalty: imprisonment for five years (s 5(1)). The offence requires an intention to change or suppress the individual’s sexual orientation or gender identity and that the conversion practice causes mental or physical harm that either endangers life or is substantial (s 5(1)(a)-(b)). Subsection 5(2) clarifies harm may be caused by any combination of conversion practices and must be assessed by considering the totality of the practices. Subsection 5(4) makes clear consent (by the individual or a parent/guardian for those lacking capacity) does not prevent a finding of offence. Subsection 5(5) states “person does not include an individual under the age of 18 years” for the section.
Section 6: Offence of taking individuals from NSW, or engaging persons outside NSW, for conversion practices. Maximum penalty: imprisonment for three years or 100 penalty units, or both (s 6(1)). The provision applies whether or not the individual or a guardian consents (s 6(2)). Section 6(3) repeats the exclusion that person does not include an individual under 18 years.
Civil enforcement and remedies (Part 4)
The President must investigate accepted complaints (s 16). The President has power to require production of documents and information (s 17). Failure to comply with a notice to provide relevant material carries penalties: for an individual 10 penalty units, for others 50 penalty units (s 17(3); s 17(5)). Non-compliance may also lead the President, with complainant consent, to refer the complaint to the Tribunal (s 17(6)).
Conciliation attendance orders issued by the President are enforceable and breach attracts penalties of 10 penalty units for individuals and 50 penalty units for others (s 19(4)).
The Tribunal’s orders (s 42) include:
Dismiss or find complaint substantiated (s 42(1)).
If substantiated, make one or more orders including damages to the complainant not exceeding $100,000 (s 42(2)(a)), injunctive orders (s 42(2)(b)), orders to perform reasonable acts to redress loss (s 42(2)(c)), publication orders (s 42(2)(d)), and orders declaring contracts void where they contravene the Act (s 42(2)(e)). The Tribunal may also decline further action (s 42(2)(f)).
The Tribunal may order damages of up to $100,000 in default of compliance with a non-monetary order (s 42(2) final paragraph).
Enforcement mechanisms:
Agreements reached in conciliation may be recorded; parties can apply within six months to register the agreement with the Tribunal, and registered provisions become orders of the Tribunal and may be enforced (s 19(6)-(10)).
A registrar of the Tribunal may certify non-monetary orders and those certificates, when filed in the Supreme Court registry, operate as judgments of the Supreme Court (s 45(2)-(3)). This gives a route to enforcement via the Supreme Court.
The President may, in the public interest, take steps to enforce a Tribunal order on behalf of an individual complainant with the complainant’s consent, and may take enforcement steps on the President’s own motion for representative complaints (s 44).
Other penalties:
Obstruction offences under s 52 carry penalties of 10 penalty units for individuals and 50 penalty units for others.
Confidentiality breaches under s 50(1) carry a maximum penalty of 10 penalty units.
Failure to provide information under s 17 carries the penalties noted above.
Interaction between civil and criminal enforcement
The President and Board must not exercise functions under the Act in a way that would prejudice criminal proceedings or investigations (s 51(1)). To ensure compliance, the President or Board may consult the Director of Public Prosecutions or the Commissioner of Police (s 51(2)).
Section 50(2) protects “protected information” from being admissible in a court and from being produced except in proceedings under or arising out of this Act. That creates an evidentiary constraint for other litigation but permits use of protected information in prosecutions that arise under this Act.
Prescribed entity referrals and overlap with regulator sanctions
The President may refer complaints to prescribed entities such as the Commissioner of Police, the Health Care Complaints Commission, AHPRA, and health professional councils (s 15(1)(c); s 15(6)). Those entities have their own enforcement regimes (not in this Act) but the text expressly contemplates referrals to those regulators.
Monetary units and imprisonment
The Act sets out imprisonment maxima for the serious criminal offences (s 5; s 6). For other penalties the Act uses penalty units for monetary fines without attaching a dollar figure; the applicable dollar value of a penalty unit is determined elsewhere in the statutory framework. The Tribunal’s express monetary cap for damages is $100,000 for certain orders (s 42(2)(a)).
Taken together, the enforcement architecture gives prosecutorial consequences for certain high-harm conversion practices and a civil complaint and remedial route for addressing contraventions more broadly. The Act makes clear both civil and criminal tracks exist and provides procedural safeguards designed to prevent interference with criminal processes (s 51) while allowing the President and Tribunal to pursue non-criminal remedies.
How it interacts with other laws
The Act expressly cross-references and interfaces with multiple existing legal instruments and bodies. The interactions determine practical enforcement channels, definitions, confidentiality boundaries and potential regulatory overlaps.
References to health regulation
The Act uses the Health Practitioner Regulation National Law (NSW) for two purposes. First, Schedule 2 defines “registered health practitioner” with that term having the same meaning as under the Health Practitioner Regulation National Law (NSW) (Schedule 2). Second, the list of prescribed entities in s 15(6) includes AHPRA and Councils established under the National Law (s 15(6)(c)-(e)), and the Board may liaise with such entities under s 47(1)(f). These references create a designed interface between the Act’s civil complaints pathway and existing health professional regulation and complaint bodies. The Act contemplates referral to those bodies where appropriate (s 15(1)(c)).
Anti-Discrimination and Tribunal statutes
The President is defined as the President of the Anti-Discrimination Board under the Anti-Discrimination Act 1977 (Schedule 2). The civil complaints scheme is administered by the President and the Tribunal; the Tribunal is defined as the Civil and Administrative Tribunal (Schedule 2). The Act expressly states Division 4 applies in addition to the Administrative Decisions Review Act 1997 and the Civil and Administrative Tribunal Act 2013 but prevails over those Acts to the extent of any inconsistency (s 46). That creates an ordering rule where the specific complaint-handling provisions in this Act override conflicting general Tribunal procedures.
Privacy law
Section 47(1)(f) notes the Board’s liaison in relation to research and inquiries is subject to limits on the disclosure of personal information imposed by the Privacy and Personal Information Protection Act 1998 sections 17 and 18. Section 50 creates a separate confidentiality regime for “protected information” obtained under the Act, with penalties for unauthorised disclosure and rules excluding that information from being produced in other courts except in proceedings under or arising out of this Act (s 50(1)-(2)). The Act therefore overlays a statutory secrecy/confidentiality framework over and above general privacy obligations, with express cross-reference to the NSW privacy Act.
Criminal law and prosecutorial discretion
Part 3 creates criminal offences that may be prosecuted under standard criminal procedure. Section 51(2) specifically authorises consultation between the President or Board and the Director of Public Prosecutions or the Commissioner of Police to ensure the President’s functions do not prejudice criminal proceedings or investigations. That creates a channel for coordination between administrative complaint handling and criminal prosecutions.
Guardianship and capacity law
Section 9(3) imports the definition of guardian from the Guardianship Act 1987 for the purpose of identifying who may bring complaints for persons lacking capacity. Sections 5(4) and 6(2) make clear that consent by an individual or, if applicable, their parent or guardian, does not prevent criminal liability. The result is an interplay where guardianship law identifies representative complainants, but guardianship consent does not immunise conduct that is criminal under this Act.
Civil enforcement and Supreme Court enforcement
The Tribunal’s non-monetary orders may be certified by a Tribunal registrar and, when filed in the Supreme Court, operate as a judgment of that Court (s 45(2)-(3)). That creates a route by which Tribunal orders can be enforced through mainstream civil enforcement mechanisms in the Supreme Court.
Other bodies and external proceedings
The Act notes protected information is inadmissible in a court and cannot be required to be produced other than in proceedings under or arising out of this Act (s 50(2)). That provides an evidentiary limitation on using materials gathered under the President’s investigatory powers in external litigation. The President may, however, certify protected information for disclosure to the Minister if necessary in the public interest (s 50(3)).
Regulation-making and transitional provisions
The Governor and the Minister have regulation-making and referral powers that permit further detailed interaction with existing laws. Section 55 permits regulations about matters required or permitted to be prescribed and matters necessary to carry out the Act. Schedule 1 permits savings and transitional regulations for up to two years after commencement (Schedule 1, cl 1). These powers allow the executive to adapt processes and ensure compatibility with other statutory schemes, but the Act leaves the details for later regulation.
Overall, the Act is drafted to sit within the existing NSW regulatory and administrative framework. It channels matters to established health and regulatory bodies where appropriate, creates overlap with the Anti-Discrimination Board and NCAT, and imposes confidentiality constraints intended to limit spillover of investigatory material into other litigation. The precise boundaries of interaction , for example, when a health regulator should take a matter rather than the President , are left to the President’s discretion and to prescribed regulations or existing inter-agency protocols.
Amendment history
The textual material provided contains the enacted provisions without any amending history recorded within the document. The Act itself establishes mechanisms for future change and transitional rules.
Key procedural points about amendment and transition embedded in the Act
Commencement: The Act commences 12 months after assent (s 2). This provides a delayed operational start and creates a window for entities to prepare procedures, training and policies.
Application only prospectively: Schedule 1, Part 2, clause 2 expressly states the Act applies only in relation to acts done or omitted on or after the commencement of the Act. This preserves non-retrospectivity by text.
Transitional regulations: Schedule 1, Part 1, clause 1 allows the regulations to contain savings or transitional provisions consequent on the commencement of any provision of this Act or of an amending Act, but only for up to 2 years after commencement, and such transitional provisions are repealed two years after commencement (Schedule 1, cl 1(1)-(3)). Clause 1(4) allows such provisions to take effect before publication but not before assent. Clause 1(5) protects entities from prejudicial effects of pre-publication provisions.
Review and reporting obligations: Section 54 requires the Minister to review the Act as soon as practicable after three years from commencement to test whether the policy objectives remain valid and whether the terms remain appropriate. A report on the review must be tabled in each House of Parliament within four years after commencement (s 54(2)-(3)). That establishes a statutory window for legislative reassessment and potential amendment.
No recorded historical amendments
The supplied text includes Schedule 3 (repealed) but no entries showing successive amendments, dates or prior versions. There are no in-text marginal notes indicating later amendments or repeals beyond the repealed Schedule 3 entry which is historical.
How amendments would operate under the Act
The Governor may make regulations to carry out the Act and to prescribe matters (s 55). Those regulations may include transitional provisions that have temporal limits (Schedule 1, cl 1). Any substantive legislative amendments would follow the usual parliamentary process; the Act’s built-in review after three years creates a textually mandated point at which the Legislature will be expected to revisit and consider amendments.
Practical implication for practitioners
Because the Act itself provides for a review in a defined timeframe (s 54) and authorises transitional regulations limited to two years (Schedule 1), stakeholders should expect regulatory detail to be developed post-commencement and potential legislative refinements in the years following implementation. For planning, the 12-month delay to commencement and the three-to-four-year review window are the only timeline markers for formal revision contained in the Act.
This section reports only what the Act itself specifies about timing, transitional treatment and review. The Act sets in statute the timing parameters that will govern when implementation details and potential amendments are likely to appear, but no historical amendment list is attached to the text provided.
Litigation history
The supplied statute text contains no case citations, judicial interpretations or a litigation history. There are no named decisions in the text and no explanatory footnotes citing cases. Therefore the statute as provided does not record any litigation history under this instrument.
What the Act contains that will generate litigation
Definitional ambiguities: The Act’s central definition of “conversion practice” in s 3 relies on statutory language that will require interpretation in practice, such as what constitutes a practice “directed to an individual on the basis of the individual’s sexual orientation or gender identity,” what constitutes “directed to changing or suppressing,” and the threshold for a “sustained effort.” These phrases are not exhaustively defined in the text and are likely to be the subject of judicial and Tribunal interpretation if disputes are litigated.
Edge cases for the health-provider exception: Section 3(3)(a) exempts certain health services provided by registered health practitioners if the practitioner has assessed them as “clinically appropriate in the registered health practitioner’s reasonable professional judgement” and they “comply with all relevant legal, professional and ethical requirements.” Litigation is likely to probe what those legal, professional or ethical requirements are and how a Tribunal or court should assess the sufficiency of a practitioner’s judgement and compliance.
Civil/criminal interface: Because Part 3 establishes criminal offences and Part 4 establishes civil remedies, litigation risk includes challenges about whether the President’s investigatory or conciliatory steps prejudiced criminal investigations (s 51 requires avoidance of prejudice). Courts may be asked to determine the appropriate allocation of evidence between civil complaints and criminal prosecutions, particularly given s 50’s protected-information rules that restrict use of materials obtained under the Act in other courts.
Representative complaints and class-style proceedings: The Act permits representative complaints but provides tests the Tribunal must apply before treating a matter as a representative complaint (s 38). Litigation may occur over whether a proposed representative complaint meets the detailed statutory tests in s 38(3)(a)(i)-(vii) and whether the Tribunal should expand or contract the class.
Employer liability and “reasonable steps” defence: Section 53(3) gives a defence for principals or employers who take all reasonable steps to prevent contraventions. Disputes over what constitutes “all reasonable steps” are likely to generate litigation or Tribunal proceedings.
Confidentiality and admissibility of protected information: Section 50(2) bars protected information from being admitted in other courts; litigation may arise over the scope of that protection, whether material is “protected information” and whether the President’s certification under s 50(3) for disclosure to the Minister is properly exercised.
Tribunal routes and possible Supreme Court enforcement
The Act gives the Tribunal (NCAT) powers to award remedies and permits Tribunal registrars to certify orders for enforcement as Supreme Court judgments (s 45). Enforcement actions in the Supreme Court may involve interlocutory or appellate litigation about the Tribunal’s orders and whether the Tribunal acted within its statutory powers.
Absence of recorded cases in the text
Because no litigation history is included in the provided text, practitioners must rely on statutory interpretation of the Act, procedural rules in the Tribunal acts, and any future decisions that will provide precedent. The Act’s detailed procedures, referral paths to health regulators and confidentiality provisions mean litigation is likely to arise in multiple forums: NCAT, Supreme Court, and criminal courts, depending on the nature of the claim.
This record confines itself to identifying litigation triggers embedded in the Act’s text. There are no named judicial authorities or past decisions within the supplied material.
Gotchas
This Act contains several practical traps or less-obvious consequences that parties should note and prepare for. Each “gotcha” below is anchored to the statutory text.
Non-reviewability of some President decisions
The President’s decision to decline a complaint in whole or in part under s 15 is not reviewable by the Tribunal (s 15(5)). That means a complainant declined at the preliminary stage may have limited recourse in the Tribunal to challenge the President’s gatekeeping decision. There is a related mechanism: if the President has given certain notices under s 10(5) or s 22(2), a complainant may require referral to the Tribunal under s 27 within 21 days. But parties should not assume every preliminary decline is subject to Tribunal review.
Limited right to representation in conciliation
In conciliation proceedings before the President, complainants and respondents “must not be represented by another entity, except by leave of the President” (s 20). That prohibition constrains legal representation at the conciliation stage and can be a surprise when parties expect lawyer-led settlements. Plan for direct party attendance or seek leave in advance.
Protected information cannot be used in other courts
Protected information obtained under the Act is inadmissible in a court and cannot be subpoenaed or required to be produced other than in proceedings under or arising out of this Act (s 50(2)). If evidence is gathered through the President’s investigatory powers, that material is shielded from external litigation, which may limit parallel civil suits that would otherwise rely on the same materials.
Criminal consent irrelevance and cross-border traps
The criminal provisions make explicit that consent by the individual or by a parent/guardian does not remove liability (s 5(4); s 6(2)). Further, arranging for someone to be taken from NSW to receive a conversion practice abroad is itself an offence (s 6(1)). Entities that organise overseas retreats, camps or travel with the intent a conversion practice be delivered must take particular care: the criminal exposure applies even if the conversion practice occurs partly outside the State (s 5(3); s 6(1)).
“Person” exclusion in criminal sections
Sections 5(5) and 6(3) state “person does not include an individual under the age of 18 years.” The effect is textual: the statutory term “person” in those sections excludes minors. That does not mean minors are immune in the civil scheme, where “entity” is the operative term and includes persons generally (Schedule 2). Be alert to the statutory distinction between criminal and civil liability for minors.
Uncertainty in the health-practitioner exception
Section 3(3)(a) exempts services by registered health practitioners if assessed as clinically appropriate in the practitioner’s reasonable professional judgement and compliant with legal, professional and ethical requirements. The Act does not define how a Tribunal or court will review the sufficiency of a practitioner’s judgement or compliance. Expect disputes over what professional standards apply and who bears the evidentiary burden when the exception is invoked.
Employer vicarious liability and the “reasonable steps” defence
Employers and principals carry liability for agent/employee acts unless they did not authorise the act (s 53(1)) or took all reasonable steps to prevent the contravention (s 53(3)). How to demonstrate “all reasonable steps” is not specified and will likely require documentary evidence of policies, training, supervision and compliance systems.
Potential for parallel regulator involvement
The President may refer matters to prescribed entities such as the Health Care Complaints Commission or AHPRA (s 15(6)). That can result in parallel or sequential investigations by different bodies with different remedial powers and standards. Entities should anticipate multi-agency engagement where health practitioners or clinical settings are involved.
Limits on using conciliation outcomes externally
Conciliation is confidential and evidence of anything said or done in conciliation is not admissible in later proceedings relating to the complaint (s 19(5)). Parties should be aware that admissions or settlement offers made during conciliation are insulated from later use.
Time pressures and procedural deadlines
The President must provide progress reports at least every 90 days (s 18). If a complaint remains unresolved after 18 months, any party may request referral to the Tribunal (s 28(1)). Complainants seeking prompt adjudication should track those timelines and use the s 28 pathway if investigations become protracted. Conversely, respondents should plan for material disclosure and possible litigation at the 18-month mark.
Fees restriction for non-lawyers before the Tribunal
An entity other than an Australian legal practitioner is not entitled to demand or receive a fee for representing parties in Tribunal proceedings (s 35). This affects commercial dispute-resolution providers or advocates who may have hoped to be paid for representation in Tribunal hearings.
Confidentiality penalty is relatively small but criminal exposure is large
Unauthorized disclosure of protected information carries a penalty of 10 penalty units (s 50(1)), which is a monetary sanction. By contrast, criminal exposure under s 5 may bring up to five years’ imprisonment. The difference in magnitude between confidentiality fines and criminal penalties indicates different enforcement priorities embedded in the text.
These are statutory “gotchas” that arise directly from the Act’s language. They create practical compliance priorities: clarity on representation and confidentiality, documentation for employer “reasonable steps,” careful handling of cross-border travel and third-party contractors, and a readiness for multi-agency interactions.
How to comply
Compliance requires a combination of policy, training, record-keeping, risk assessment and procedural readiness tailored to the Act’s text. The steps below map directly to statutory duties and documented enforcement mechanisms.
Review and update policies to prohibit conversion practices
Entities should adopt an explicit written policy that they will not provide or deliver conversion practices as defined in s 3. The civil prohibition is in s 8. Policies should define prohibited conduct consistent with s 3’s language: practices, treatments or sustained efforts directed to changing or suppressing sexual orientation or gender identity, and include examples of prohibited activities to reduce ambiguity for staff and volunteers.
For health practitioners and health services, document clinical appropriateness and compliance
If a registered health practitioner provides services that might be sensitive to the Act’s definition, they should document contemporaneously the clinical assessment that the service is “clinically appropriate in the registered health practitioner’s reasonable professional judgement” and evidence compliance with “legal, professional and ethical requirements” (s 3(3)(a)). Keep records of clinical notes, consent discussions, multidisciplinary consultations, and references to applicable professional guidelines or college positions.
Train staff, volunteers and contractors
Provide training to clinicians, counsellors, pastoral carers, managers and staff on the definition in s 3, the civil prohibition in s 8, the criminal offences in ss 5-6, and the employer liability provisions in s 53. Emphasise that consent does not negate criminal liability (s 5(4); s 6(2)). Ensure third-party contractors understand contractual obligations and that principals remain potentially liable for contractor acts (s 53(1); s 53(4)).
Create and maintain audit trails and preventive systems for the “reasonable steps” defence
Employers who want to rely on s 53(3) should maintain contemporaneous records evidencing policies, training attendance, supervision logs, complaint-handling procedures, and disciplinary processes. The statute identifies “all reasonable steps” as the defence threshold; documentary proof reduces dispute friction.
Prepare to respond to investigatory notices promptly
The President may require information or documents with at least 28 days’ notice (s 17(2)). Non-compliance without reasonable excuse attracts penalties (s 17(3)-(5)) and may result in referral to the Tribunal (s 17(6)). Designate an internal contact to receive and manage s 17 notices, collate relevant records, and communicate any claimed reasonable excuse promptly in writing.
Manage conciliation attendance expectations and representation
In conciliation, parties are not entitled to be represented except by leave (s 20). Prepare individuals who will participate in conciliation, including witnesses and senior decision-makers. If legal representation is desired, apply for leave of the President in advance.
Anticipate cross-border and travel-related risks
Avoid arranging for individuals to be taken from NSW to receive practices that would fall within the Act’s definition, because s 6 makes organising such travel an offence. Review travel, event and retreat programmes and contracts to ensure they do not facilitate prohibited activities.
Assess contracts and third-party relationships
Review agreements with other entities, affiliates and agents to ensure they do not authorise or promote conversion practices. Given the Tribunal’s power to declare contracts void in whole or in part if made in contravention of the Act (s 42(2)(e)), incorporate compliance warranties and termination rights in contracts.
Confidentiality and information handling
Designate how information obtained during internal reviews or interviews will be handled in light of s 50. Understand that information obtained by the President or Board as “protected information” will be subject to stricter non-disclosure rules and will be inadmissible in other courts except in proceedings under or arising out of this Act (s 50(2)). Ensure staff involved in Boards’ or President’s processes understand restrictions on disclosure to avoid s 50(1) breaches.
Plan for Tribunal exposure and remedies
Be aware that the Tribunal can award damages up to $100,000 (s 42(2)(a)), issue injunctions (s 42(2)(b)), order redressive conduct (s 42(2)(c)), and declare contracts void (s 42(2)(e)). Where a complaint appears likely to be referred, consider early legal advice on settlement, conciliation and the possible registration of conciliated agreements (s 19(6)-(10)).
Coordinate with professional regulators where appropriate
Where services are provided by registered health practitioners, be prepared for potential referrals to bodies listed as prescribed entities (s 15(6)). Maintain regulatory notifications and complaint-handling processes that align with the investigative expectations of AHPRA, HCCC or other relevant bodies.
Engage with representative bodies and the President proactively
If a representative body wishes to make complaints on behalf of individuals, it must satisfy the President on consent and sufficient interest (s 11). Entities likely to be the subject of representative complaints should track communications with representative bodies, maintain records of relevant individuals’ consent, and be ready to engage in early conciliation.
Monitor for regulatory guidance and regulations
The Act authorises regulations (s 55) and empowers the Board to undertake research and enter agreements (s 47). Because the Act allows subsequent regulation-making and the Board may develop guidance or reports (s 47, s 48), entities should monitor regulatory updates and guidance issued by the Board or Minister.
Document travel and program content to avoid inadvertent exposure
Because the criminal provisions can reach practices partly outside NSW (s 5(3)) and the taking of individuals from NSW is an offence (s 6(1)), document the content of educational programmes, retreats and camps, and screen external presenters or providers for compliance with policy.
Keep an eye on review and potential legislative change
The Minister must review the Act three years after commencement and table a report within four years (s 54). Entities should track that review and prepare submissions, evidence or operational data to influence any legislative or regulatory amendments.
Practical checklist for immediate action
Adopt or update a written prohibition policy aligned to s 3 and s 8.
Train staff and volunteers about criminal exposure (ss 5-6) and the employer liability regime (s 53).
Prepare a documentary compliance pack for clinicians invoking the s 3(3)(a) exception.
Designate an officer to handle s 17 notices and conciliation processes.
Review contracts and travel arrangements for cross-border risk.
Monitor regulations and Board publications post-commencement.
These measures are grounded in the Act’s statutory duties and procedural provisions and aim to reduce legal exposure under both the criminal and civil tracks established by the Act.
• genuinely assisting an individual who is receiving care and treatment related to the individual’s gender identity
• genuinely advising an individual about the potential impacts of gender affirming medical treatment
(b) genuinely 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
(c) the following expressions if the expression is not part of a practice, treatment or sustained effort, directed to changing or suppressing an individual’s sexual orientation or gender identity—
(i) an expression, including in prayer, of a belief or principle, including a religious belief or principle,
(ii) an expression that a belief or principle ought to be followed or applied.
(4) To avoid doubt, the following are examples of what does not constitute a conversion practice under this section—
(a) stating what relevant religious teachings are or what a religion says about a specific topic,
(b) general requirements in relation to religious orders or membership or leadership of a religious community,
(c) general rules in educational institutions,
(d) parents discussing matters relating to sexual orientation, gender identity, sexual activity or religion with their children.
4 Definitions
4 Definitions
4 Definitions
The dictionary in Schedule 2 defines words used in this Act.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Part 3 Offences in relation to conversion practices
Part 3 Offences in relation to conversion practices
Part 3 Offences in relation to conversion practices
5 Offence of engaging in conversion practices that cause mental or physical harm
5 Offence of engaging in conversion practices that cause mental or physical harm
5 Offence of engaging in conversion practices that cause mental or physical harm
(1) A person commits an offence if the person provides or delivers a conversion practice to an individual—
(a) with the intention of changing or suppressing the individual’s sexual orientation or gender identity, and
(b) that causes mental or physical harm to the individual that—
(i) endangers the individual’s life, or
(ii) is substantial.
Maximum penalty—imprisonment for 5 years.
(2) For subsection (1)(b), the mental or physical harm—
(a) may be caused by any combination of conversion practices, and
(b) must be assessed by considering the totality of the conversion practices.
(3) Subsection (1) applies whether the conversion practice is provided or delivered—
(a) in New South Wales, or
(b) partly in New South Wales and partly outside New South Wales.
(4) To avoid doubt, subsection (1) applies whether or not any of the following consents to the conversion practice being provided or delivered—
(a) the individual,
(b) if the individual lacks legal capacity—a parent, guardian or other person who has decision-making authority for the individual.
(5) In this section—
person does not include an individual under the age of 18 years.
6 Offence of taking individuals from New South Wales, or engaging persons outside New South Wales, for conversion practices
6 Offence of taking individuals from New South Wales, or engaging persons outside New South Wales, for conversion practices
6 Offence of taking individuals from New South Wales, or engaging persons outside New South Wales, for conversion practices
(1) A person commits an offence if the person—
(a) takes an individual from New South Wales, or arranges for the individual to be taken from New South Wales, with the intention that a conversion practice be delivered or provided to the individual outside New South Wales, or
(b) engages a person outside New South Wales to provide or deliver a conversion practice to an individual in New South Wales.
Maximum penalty—imprisonment for 3 years or 100 penalty units, or both.
(2) To avoid doubt, subsection (1) applies whether or not any of the following consents to the individual being taken from New South Wales or arranges for the individual to be taken from New South Wales, or consents to the conversion practice being provided or delivered—
(a) the individual,
(b) if the individual lacks legal capacity—a parent, guardian or other person who has decision-making authority for the individual.
(3) In this section—
person does not include an individual under the age of 18 years.
Part 4 Civil complaints scheme
Part 4 Civil complaints scheme
Part 4 Civil complaints scheme
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
7 Definitions
7 Definitions
7 Definitions
In this part—
agent includes an Australian legal practitioner.
complainant means an individual by whom, or on whose behalf, a complaint is made.
complaint—
(a) means a complaint made under section 9, and
(b) includes a matter referred to the Tribunal as a complaint under section 27(2).
representative body means a body, whether incorporated or unincorporated, that—
(a) represents or purports to represent a group of individuals within New South Wales, whether or not the body is authorised by the individuals to represent the group, and
(b) has as its primary object the promotion of the interests or welfare of the group.
representative complaint means a complaint—
(a) made by an individual or other entity, which may comprise or include a representative body, on the individual’s or entity’s own behalf as well as on behalf of another individual, and
(b) treated by the Tribunal as a representative complaint.
respondent means an entity about whose conduct a complaint has been made.
Division 2 General prohibition
Division 2 General prohibition
Division 2 General prohibition
8 General prohibition on conversion practices
8 General prohibition on conversion practices
8 General prohibition on conversion practices
An entity contravenes this Act if the entity provides or delivers a conversion practice.
Division 3 Complaints
Division 3 Complaints
Division 3 Complaints
pt.4-div.3-sdiv.1 Lodgement of complaints
pt.4-div.3-sdiv.1 Lodgement of complaints
Subdivision 1 Lodgement of complaints
9 Individuals who may make a complaint
9 Individuals who may make a complaint
9 Individuals who may make a complaint
(1) A complaint alleging that an entity has contravened this Act may be made by the following—
(a) an individual—
(i) on the individual’s own behalf, or
(ii) on the individual’s own behalf as well as on behalf of another individual,
(b) a parent or guardian of an individual who lacks the legal capacity to lodge a complaint, including because of age or disability,
(c) a representative body on behalf of a named individual,
Note—
See section 10 for the requirements for a representative body to make a complaint on behalf of an individual.
(d) an agent of an individual referred to in paragraphs (a)–(c).
Note—
Under the Interpretation Act 1987, section 8(b), a reference to a word in the singular form includes a reference to the word in the plural form. Accordingly, a complaint may be made about a single entity or more than 1 entity and may be made by, or on behalf of, 1 individual or more than 1 individual.
(2) Nothing in this division prevents an individual from making a complaint even though the conduct in relation to which the complaint is made is also conduct in relation to which a representative complaint has been made.
(3) In this section—
guardian has the same meaning as in the Guardianship Act 1987.
10 Complaints made on behalf of others under section 9(1)(a) or (b)
10 Complaints made on behalf of others under section 9(1)(a) or (b)
10 Complaints made on behalf of others under section 9(1)(a) or (b)
(1) If a complaint is made on behalf of another individual (the other complainant) under section 9(1)(a) or (b)—
(a) the individual who makes the complaint is, for this division, taken to have the same rights, obligations and interests in relation to the investigation, conciliation or referral of the complaint as the other complainant, and
(b) the complaint is, for this part, taken to have been made by the other complainant on the complainant’s own behalf.
(2) For a complaint made wholly or partly on behalf of another individual, other than a complaint made on behalf of an individual who lacks legal capacity, the President may require—
(a) the individual on whose behalf the complaint is made to show that the complaint has been made with the individual’s consent, or
(b) the individual making the complaint to prove the individual has authority to act at all times in the complaint-handling process.
(3) For a complaint made wholly or partly on behalf of another individual, including a complaint made on behalf of an individual who lacks legal capacity, if at any time the President is not satisfied the individual who made the complaint is acting in the best interests of the individual or retains the confidence of the individual on whose behalf the complaint was made, the President may—
(a) appoint another individual to act in that behalf, or
(b) decline the complaint.
(4) The regulations may provide for matters that may be taken into consideration by the President in making a decision under subsection (3).
(5) If the President declines a complaint under subsection (3)(b), the President must advise the complainant, by written notice—
(a) that the complaint has been declined, and
(b) of the complainant’s rights under section 27.
11 Complaints by representative bodies
11 Complaints by representative bodies
11 Complaints by representative bodies
(1) Before a complaint may be made by a representative body as referred to in section 9(1)(c), the representative body must satisfy the President that—
(a) each individual on whose behalf the complaint is made consents to the complaint being made by the body on the individual’s behalf, and
(b) the body has a sufficient interest in the complaint, that the conduct that constitutes the alleged contravention is a matter of genuine concern to the body because of the way conduct of that nature adversely affects, or has the potential to adversely affect—
(i) the interests of the body, or
(ii) the interests or welfare of the group of individuals the body represents or purports to represent.
(2) The President may require a representative body that has made a complaint to nominate an individual to appear for the representative body in conciliation proceedings about the complaint.
12 Assistance by President in making complaints
12 Assistance by President in making complaints
12 Assistance by President in making complaints
The President may assist an individual to make a complaint.
13 Withdrawal of consent for complaint
13 Withdrawal of consent for complaint
13 Withdrawal of consent for complaint
(1) If a complaint has been made on an individual’s behalf with the individual’s consent, the individual may withdraw the consent by written notice to—
(a) the President, at any time before the complaint is—
(i) declined, terminated or otherwise resolved by the President, or
(ii) referred to the Tribunal, or
(b) the Tribunal, at any time before the complaint is dismissed, or found to be substantiated, by the Tribunal.
(2) If consent is withdrawn, the President or the Tribunal—
(a) must make arrangements for the complaint, or the part of the complaint relating to the individual, to be terminated, and
(b) if only part of the complaint is being terminated—may make other arrangements the President or Tribunal thinks appropriate for the further management of the complaint.
pt.4-div.3-sdiv.2 Making of complaints
pt.4-div.3-sdiv.2 Making of complaints
Subdivision 2 Making of complaints
14 Making of complaints
14 Making of complaints
14 Making of complaints
(1) A complaint must be—
(a) in writing, and
(b) lodged with the President.
(2) A complaint may be lodged with the President—
(a) by delivery by post, or
(b) by email to an email address specified on the Board’s website, or
(c) in another way prescribed by the regulations.
15 Acceptance, declining or referral of complaints
15 Acceptance, declining or referral of complaints
15 Acceptance, declining or referral of complaints
(1) The President must do one or more of the following in relation to a complaint—
(a) accept the complaint, in whole or in part,
(b) decline the complaint, in whole or in part,
(c) refer the complaint, in whole or in part, to a prescribed entity if—
(i) the President considers the conduct that is the subject of the complaint would be more appropriately dealt with by the prescribed entity and the complainant consents to the referral, or
(ii) the complaint is required, under another A
This is an opening excerpt, not the complete document.