Conversion practices were banned in Victoria following a marathon debate in parliament on Thursday.
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The Change or Suppression (Conversion) Practices Prohibition Bill passed the Legislative Council with 29 votes to nine following a 12-hour sitting on Thursday.
Liberal MPs Bev McArthur and Bernie Finn broke party ranks and voted against the legislation, along with crossbench MPs Jeff Bourman, Catherine Cumming, Clifford Hayes, Stuart Grimley, David Limbrick, Tania Maxwell and Tim Quilty.
The bill outlaws practices that seek to change or suppress a person's sexual orientation or gender identity and makes these practices a criminal offence - people who subject others to conversion practices that cause injury or serious injury will face penalties of up to 10 years in jail.
Advertising change or suppression practices are also banned and could incur a maximum fine of almost $10,000.
The Bill will also amend the Equal Opportunity Act 2010, to update the definitions of "gender identity" and "sexual orientation" and add a new protected attribute of "sex characteristics", to better protect intersex Victorians.
The Victorian Equal Opportunity and Human Rights Commission will be empowered to investigate reports of conversion practices, while the Family Violence Protection Act will be amended to make them a form of domestic violence.
In supporting the bill, Western Victoria's Animal Justice Party MP, Andy Meddick, described himself as the proud father of two "perfect" transgender children.
"They do not need fixing. Nor do any other children or adults who do not fit an often religiously held belief that sexuality and gender are binary only," he said.
Labor's Harriet Shing, the first openly lesbian member of Victorian parliament, called out the "doublespeak" of MPs who were opposing the bill despite saying they supported a ban on conversion practices.
"It is not acceptable that in a debate like this victims and survivors and our communities - my communities - are denied the opportunity to have our equality, our pain and hurt and trauma, on a footing which is of the utmost importance," she said.
The coalition did not oppose the bill but moved a number of amendments that failed, including one to pause its progress for further consultation.
Another Western Victorian MP, Jaala Pulford, said she was proud to be there to see the bill pass.
"It was one of those debates where you wake up the next morning and feel like you did something really good and special."
She said the bill was important to afford LGBTQIA+ people legal protections, but that it also made a powerful statement about harmful practices that in some instances caused the loss of a life.
"It's a really proud day for the Parliament and a reform I'm really proud to be able to support.
"It's an important message for people in our queer community of all ages and stages of life, I think particularly powerful for perhaps younger members of the community who might be questioning their sexuality or their gender identity, to know that the government and the Parliament has made these harmful practices illegal."
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The debate began at 10am in the morning and ended after the vote around 11pm.
Ms Pulford told The Courier that while on some days MPs could deal with a number of pieces of legislation in half the time, this was a debate that many members wanted to participate in.
Amendments were also brought to the table, which were worked through one by one, and the debate was adjourned every now and then so cleaners could sanitise the room.
While normally such a debate would draw crowds to the gallery, COVID restrictions are still in place preventing visitors in parliament.
While there were no physical crowds, Ms Pulford said she felt there was still community involvement in the debate such as on social media.
"There were definitely people with us even if they weren't with us physically."
Chief Executive Officer of Equality Australia, Anna Brown, said the law paved the way for reform in other states.
"We were delighted to see cross-party support in the Victorian parliament for this life-saving legislation," she said in a statement.
"This vote is a recognition that equality for LGBTIQ+ people can, and should be, supported by conservative and progressive parties alike."
Ballarat resident and policy advisor at the Victorian Pride Lobby, Sean Mulcahy, said he was "absolutely elated" that the bill passed.
The lobby has been writing to MPs and pushing the Victorian Government to introduce laws to protect LGBTQIA+ people from conversion practices for some time.
"It was such a relief when they finally passed," he said.
He was part of a small gathering opposite Parliament House last night, who celebrated when the bill passed into law.
"It was particularly powerful to spend the time with the survivors of conversion practices and see how much it meant for them," he said.
While Mr Mulcahy said work still needed to be undertaken to support survivors in their recovery, the bill would prevent more people from suffering as a result of conversion practices.
"The most important thing that the bill does is send a strong message that LGBTQI+ Victorians, including those of us who are in Ballarat, are equal and valued for who we are and don't need to be changed."
Nathan Despott from survivor-led advocacy group, Brave Network, said the legislation set a new global standard due to its inclusion of recommendations from Australian survivors.
"These legislative changes have been hard-won, with survivors of conversion practices re-living their trauma in order to secure passage of this world- leading legislation," he said.
The bill goes further than one passed in Queensland last year in that it prohibits harmful practices not only in healthcare settings but also in religious settings.
This includes "carrying out a religious practice including but not limited to, a prayer based practice, a deliverance practice or an exorcism".
Faith groups have claimed the bill attacks religious freedom, while some medical professionals have raised concerns it could compromise the practice of psychiatry and psychotherapy.
"This bill does not outlaw prayer. It does not prevent health professionals from doing their job. It does not stop parents from talking to their kids about their views about sexuality or gender," Attorney-General Jaclyn Symes said.
The law will come into effect 12 months after it receives royal assent from Victoria's governor.
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