Australian Capital Territory Numbered Acts

SEXUALITY AND GENDER IDENTITY CONVERSION PRACTICES ACT 2020 (NO. 49 OF 2020) - SECT 7

    (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

              •     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.