Conversion practices ban needs abuse clause, commissioner says

Leanne McLean has provided the government highly critical feedback on its bill which she says has ignored exhaustive recommendations made by the Tasmanian Law Reform Institute on a ban and instead released a diluted and weakened bill that does not accord with the government's stated commitment on a ban.

She said there were multiple exceptions and defences included in the offence provision for conversion practices.

"The result is that the draft bill appears to detail the circumstances under which conversion practices are acceptable, rather than banning conversion practices because they are harmful, which is the stated intention," Ms McLean said.

She said there was no reason why conversion practices should not be subject to a child abuse clause, as recommended by the TLRI.

"It is difficult to see how the government's compromised approach to conversion practices is commensurable with the existing legal landscape in Tasmania, particularly now that the Child and Youth Safe Organisations Act 2023 is operational, where, under the lens implemented by this legislation, conversion practices could not but be characterised as reportable conduct for the purposes of that act," she said.

The Archdiocese of Hobart in a submission to the Justice Department stated it was unjust for the government to impose restrictions on public expression made in good faith on human sexuality.

It said it was concerned that defences and protections provided in the bill could be gradually wound back or removed over time.

Concerned Catholics Tasmania in its submission stated conversion practices were regarded as physically and psychologically abusive and caused lasting harm to LGBTIQA+ people.

"The bill is a tepid and fundamentally flawed response, in terms of making a clear proclamation or declaration of our community's rejection and denunciation of conversion practices, our recognition of the ineffectiveness and the harm such practices cause, and the risks attendant to people subjected to what are barbarous and inhuman practices," it said.