Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Sexuality and Gender Identity
Conversion Practices Act 2020
A2020-49
Republication No 2
Effective: 5 March 2024
Republication date: 5 March 2024
Act not amended
(republication for expiry of provisions (pt 3))
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Sexuality and Gender Identity Conversion Practices Act 2020
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 5 March 2024. It also includes any commencement, repeal or expiry affecting this
republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Sexuality and Gender Identity
Conversion Practices Act 2020
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 3
6 Objects of Act 3
Part 2 Sexuality and gender identity conversion
practices
7 Meaning of sexuality or gender identity conversion practice 4
8 Offence—performing conversion practice on protected person 5
9 Offence—removing protected person from ACT for conversion practice 6
Contents
Page
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Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 10
5 Earlier republications 10
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Australian Capital Territory
Sexuality and Gender Identity
Conversion Practices Act 2020
An Act about conversion practices relating to sexuality and gender identity, and
for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Sexuality and Gender Identity Conversion Practices
Act 2020.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘gender identity—see the
Discrimination Act 1991, dictionary.’ means that the term ‘gender
identity’ is defined in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 5
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5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
6 Objects of Act
The objects of this Act are—
(a) to affirm that—
(i) all people have characteristics of sexuality and gender
identity; and
(ii) no combination of those characteristics constitutes a
disorder, disease, illness, deficiency, disability or
shortcoming; and
(b) to recognise and prevent the harm caused by sexuality and
gender identity conversion practices.
Note A person may make a complaint to the human rights commission about
sexuality and gender identity conversion practices (see Human Rights
Commission Act 2005, s 43 and div 4.2D).
Part 2 Sexuality and gender identity conversion practices
Section 7
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Part 2 Sexuality and gender identity
conversion practices
7 Meaning of sexuality or gender identity conversion
practice
(1) In this Act:
sexuality or gender identity conversion practice means a treatment
or other practice the purpose, or purported purpose, of which is to
change a person’s sexuality or gender identity.
(2) However, sexuality or gender identity conversion practice does not
include a practice the purpose of which is to—
(a) assist a person who is undergoing a gender transition; or
(b) assist a person who is considering undergoing a gender
transition; or
(c) assist a person to express their gender identity; or
(d) provide acceptance, support or understanding of a person; or
(e) facilitate a person’s coping skills, social support or identity
exploration and development.
Examples—s (2)
• diagnosis and assessment of a person with gender dysphoria or gender non-
conforming behaviour or identity
• support for a person with social adjustments related to gender dysphoria
• gender-affirming hormone treatment
Sexuality and gender identity conversion practices Part 2
Section 8
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• other gender transition services, for example, speech pathology services for a
transgender or gender-diverse person who wishes to alter their voice and
communication to better align with their gender identity
• support for a person exploring and expressing their sexuality
Note Under the Human Rights Act 2004, s 14, a person has the right to freedom
of thought, conscience and religion, including the freedom to demonstrate
their religion or belief in worship, observance, practice and teaching,
either individually or as part of a community and whether in public or
private. It is not intended that a mere expression of a religious tenet or
belief would constitute a sexuality or gender identity conversion practice.
(3) Also, sexuality or gender identity conversion practice does not
include a practice by a health service provider that, in the provider’s
reasonable professional judgment, is necessary to—
(a) provide a health service in a manner that is safe and appropriate;
or
(b) comply with the provider’s legal or professional obligations.
(4) In this section:
health service—see the Health Act 1993, section 5.
health service provider—see the Health Act 1993, section 7.
8 Offence—performing conversion practice on protected
person
(1) A person commits an offence if—
(a) the person performs a sexuality or gender identity conversion
practice on another person (the recipient); and
(b) the recipient is a protected person.
Maximum penalty: 150 penalty units, imprisonment for 12 months
or both.
Part 2 Sexuality and gender identity conversion practices
Section 9
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(2) A person commits an offence against subsection (1) whether or not
the recipient, or a parent or guardian of the recipient, consented to the
practice.
9 Offence—removing protected person from ACT for
conversion practice
A person commits an offence if—
(a) the person removes another person (the recipient) from the
ACT; and
(b) the recipient is a protected person; and
(c) the removal is for the purpose of a sexuality or gender identity
conversion practice being performed on the recipient.
Maximum penalty: 150 penalty units, imprisonment for 12 months
or both.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• penalty unit (see s 133)
• person (see s 160).
gender identity—see the Discrimination Act 1991, dictionary.
impaired decision-making ability—see the Guardianship and
Management of Property Act 1991, section 5.
protected person means—
(a) a child; or
(b) a person who has impaired decision-making ability in relation to
a matter relating to the person’s health or welfare.
sexuality—see the Discrimination Act 1991, dictionary.
sexuality or gender identity conversion practice—see section 7.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Sexuality and Gender Identity Conversion Practices Act 2020
A2020-49
notified LR 4 September 2020
s 1, s 2 commenced 4 September 2020 (LA s 75 (1))
remainder commenced 4 March 2021 (s 2)