NSW has now joined Victoria in having a Conversion Act come into operation that bans some forms of Christian ministry. The Conversion Practices Ban Act 2024 No 19 aims to “aims to “ban practices directed to changing or suppressing the sexual orientation or gender identity of individuals”,” and created a civil penalties scheme.
Victoria’s act goes further than the NSW one. Despite the NSW Premier Minn’s promise not to ban prayer, certain types of prayer are now against the law in NSW following Victoria. The Other Cheek reported the then-opposition-leader’s promise: “Labor’s Chris Minns promises no ban on preaching, prayer in conversion therapy bill.“
But the prayer promise was not kept. Prayer with an LGBTQIA individual with the aim for them to be celibate or change orientation is clearly defined as illegal in the NSW Act. In the case of sustained prayer, definitely so.
As Attorney General Daley said in his second reading speech, “The clause (3 (3) c) specifying an exemption for prayer states:
“A conversion practice does not include… The following expressions, if the expression is not part of a practice, treatment or sustained effort, directed to changing or suppressing an individual’s sexual orientation or gender identity—
(i) an expression, including in prayer, of a belief or principle, including a religious belief or principle,
(ii) an expression that a belief or principle ought to be followed or applied.”
But an AAP report had further comments by Daley: “While loathe ruling in and out hypothetical practices, he said it would remain legal for a religious leader to preach to a group that “in our faith, being a homosexual is wrong and it’s a sin, and you can go to hell”.
“That’s not a conversion practice,” Mr Daley said.
“Sitting down with someone and directing that practice to them with the intention of ‘praying the gay away’ – that is.”
Or as the Attorney General’s speech puts it: “In both cases, the exclusion applies only if the expression is not part of a practice, treatment or a sustained effort directed to change or suppress a person’s sexual orientation or gender identity. That is the critical question as to whether the exclusion applies—whether it is directed to change or suppress. That exclusion makes clear that the ban does not prohibit general expressions of religious beliefs, principles or teachings.”
The Other Cheek expects protests against the new Act from conservative church leaders after Easter. But in an early move Taree Presbyterian Minister Vaughn Smith has put forward an open letter in protest.
“We are …. deeply distressed to find that the Conversion Practices Ban Act of 2024, which came into effect on the 4th of April, 2025, impinges on fundamental practices of our faith. The legislation, along with the accompanying media and Frequently Asked Questions document, makes it clear that our duty as ministers of proclaiming the Lordship of Jesus Christ and obedience to his commands is now regarded as criminal behaviour. Christian parents will be criminalised for giving advice to their children concerning their sexual desires or gender identity. Christians will be criminalised for praying with individuals seeking to live in a way that is according to their conscience and the Bible.”
The full letter is at OpenLetter.com.
The letter is on strong ground protesting the ban on prayer, certainly sustained prayer, with individuals.
However the Act does contain a carve out for families. s3(4) states
To avoid doubt, the following are examples of what does not constitute a conversion practice under this section—
(a) stating what relevant religious teachings are or what a religion says about a specific topic,
(b) general requirements in relation to religious orders or membership or leadership of a religious community,
(c) general rules in educational institutions,
(d) parents discussing matters relating to sexual orientation, gender identity, sexual activity or religion with their children.
The Open letter bases its concern about families on the NSW Anti Discrimination NSW’s FAQ and other media. But the written material agrees with the Act on the issue of parental discussion. However a short Auslan video from Anti Discrimination NSW describes conversion practices broadly.
“These actions might look like counselling, never-ending referrals, prayer or pastoral conversation that is intended to change or suppress someone’s gender or sexuality. Some people who believe these things also believe that a person who has a different sexual orientation or gender identity can’t also be a person of faith….
“The laws in New South Wales protect people’s rights to have religious beliefs, and people also have the right to be safe and free from harm. New South Wales now has a law against conversion practices. These practices, whether done by family members, health professionals or healthcare providers, disability support providers, teachers or faith leaders among others are now unlawful because they are based on ideas that we now know are untrue and harmful.”
The video is loosely worded and it should be made clear that the parental exemption applies. It possibly forms the basis for the open letter’s wording.
The Anti Discrimination NSW material misrepresents the act according to a critique by Christian law academic Neil Foster https://lawandreligionaustralia.blog/2025/04/14/the-nsw-conversion-practices-law-religious-freedom-and-government-guidance/
But it is the Act that forms what practices will be taken to the civil disputes system and beyond.
Protests should be targeted to bring about change
In South Australia the Conversion Practices Prohibition Act 2024 is closely modelled on the NSW Act with one significant change. To the the definition of a conversion practice as a practice, treatment or sustained effort directed at an individual was added ” “consists of more than 1 event or occurs on more than 1 occasion“.
This means one-off prayer or conversation with an individual is not a breach of the SA law.
This change resulted from effective lobbying by the church leaders in SA.
This shows careful targeted protest can work to achieve change. But protests based on incorrect apphrehensions – such as the open letter’s protest about parental conversations – will undermine the case for change.
The Other Cheek believes other protest action will occur after Easter.