The Tasmanian Government’s recently unveiled draft law aimed at curbing conversion practices is facing criticism, with concerns raised that it may inadvertently encourage such practices. The bill falls short of the recommendations made by the Tasmanian Law Reform Institute (TLRI) and has drawn attention for its narrow and inaccurate definition of conversion practices.
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Background and TLRI Recommendations
In May 2022, the TLRI issued a significant report calling for a ban on conversion practices and providing detailed recommendations for effective legislation. Tasmanian Premier Jeremy Rockliff committed to implementing the recommendations, leading to the drafting of the current bill. However, after nineteen months of development, only three out of thirteen TLRI recommendations were incorporated into the proposed law.
Issues with the Draft Bill
One major criticism of the bill is its narrow definition of conversion practices, which focuses on outdated practices like inducing nausea or paralysis. Critics argue that the bill overlooks the crucial factors of the intent behind the practices and the underlying ideology motivating them. The inclusion of broad exemptions for religious beliefs, parental guidance, and various forms of care and support further weakens the bill’s effectiveness.
Of particular concern is the exemption for adults consenting to conversion practices, provided the practitioner warns of potential harm. Critics argue that consenting to fraudulent treatments for non-existent conditions is inherently problematic, and power imbalances may compromise genuine informed consent.
Loopholes and Lack of Oversight
The draft bill introduces loopholes that align with the preferences of groups like the Australian Christian Lobby (ACL). These loopholes could potentially allow common and harmful conversion practices to persist with minimal adjustments from practitioners. Additionally, the bill lacks oversight mechanisms, as no organization is designated to investigate conversion practices or educate faith communities about the legislation.
Moreover, the bill only includes criminal penalties and lacks civil ones. This raises concerns about the high threshold for prosecution, making it unlikely for individuals or organizations to be held accountable for engaging in conversion practices.
Implications and Response
Critics argue that the proposed legislation, rather than addressing the issue, would effectively signal approval for certain permissible conversion practices. There are fears that practitioners from states with more robust legislation may set up operations in Tasmania to exploit the weaker legal framework.
Advocates for survivors of conversion practices in Tasmania express disappointment with the bill, considering it a disheartening response to the vulnerable individuals who shared their experiences. The legislation’s potential negative impact also raises concerns about setting a precedent for other states without conversion laws.
Tasmania Government’s Previous Stance and Culture Shift
The Tasmanian Liberal Government had previously earned praise for its efforts on LGBTIQA+ human rights, conducting surveys and developing action plans. However, resignations and reshuffles in late 2023 shifted the party’s stance towards the right, marking a cultural shift that could impact future policy decisions.
Path Forward and Public Response
During the two-month consultation period, Tasmania will face calls to reconsider the draft bill. Conversion survivors and allies are expected to voice their concerns, urging a more comprehensive and effective approach. Advocacy groups, including Equality Tasmania, are planning campaigns to engage the public and emphasize the importance of legislation that truly addresses the cruelty and trauma associated with conversion practices.
The proposed conversion practices bill in Tasmania has sparked controversy due to its perceived inadequacies and loopholes. The ongoing consultation period presents an opportunity for concerned citizens, activists, and survivors to advocate for legislation that genuinely addresses the harmful impact of conversion practices.