Tasmania’s Attorney-General Guy Barnett says a Greens bill to ban conversion practices is “deeply flawed” and should be rejected.
In a Facebook post on Friday night, Barnett, who is also deputy premier, said he opposed “coercive and abusive practices” but had concerns about the bill.
Conversion practices are attempts to change, suppress or eradicate a person’s sexual orientation or gender identity.
They remain legal in Tasmania, but have been banned in Victoria, the ACT, NSW, Queensland and South Australia.
Barnett said the bill’s definition of conversion practice was “broad and ambiguous”.
“Any prohibited conduct should be clearly defined. Otherwise conversations between children and their parents and families and legitimate medical care and counselling, religious conversations and prayer, especially about sensitive issues such as sex and gender, are at risk under this bill,” he said.
He said safeguards added to the bill for freedom of speech, freedom of religion and parental rights were “inadequate”.
He also pointed to new criminal and civil laws, a new conversion practices commissioner, vicarious liability for businesses and organisations and parts of the bill he said were retrospective.
“Laws should be clear, workable and properly considered before Parliament is asked to pass them. Proceeding without adequate scrutiny is untenable,” he said.
Deputy Greens leader Vica Bayley said the bill targeted deliberate attempts to change a person’s sexuality or gender.
“The Greens’ bill seeks to end conversion practices. These harmful and sometimes deadly practices are still occurring in Tasmania and vulnerable people deserve protection,” Bayley said.
“Our proposal to end conversion practices isn’t radical. It is directly in line with what other states have legislated.”
“This doesn’t stop ordinary prayer, medical care, counselling or parenting.”
Bayley was responding to Police Minister Felix Ellis, who said on Friday he would vote against the bill. Former deputy premier Michael Ferguson has said the same.
A fact sheet on the bill says it exempts health services from a registered health practitioner who, in good faith, considers them appropriate, as long as they comply with “all relevant legal, professional and ethical requirements”.
Under the bill, criminal offences apply only where a conversion practice causes injury and the person was negligent as to whether injury would be caused.
Premier Jeremy Rockliff has said he supports banning conversion practices as a general principle, but has concerns the Greens’ bill goes too far.
“The number one objective is to stamp out harmful conversion practices,” he said.
“But what we need to do is ensure freedom of religion and freedom of speech is not impinged.”
Equality Tasmania spokesperson Rodney Croome said the organisation welcomed the conscience vote and urged all MPs to meet with conversion survivors.
“It is important members who want to stop the harm caused by conversion practices are able to vote against that harm by voting for the bill currently before parliament,” he said.
Labor and several crossbenchers have indicated support, meaning the bill could pass without government backing.
