5Offence 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.