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Change or Suppression (Conversion) Practices Prohibition Bill 2020 VIC Summary and Analysis

Written by Law Graduate Katherine Deves

Main purpose of the Act is to denounce: to condemn or Censure openly or publicly

The Act creates a Civil Response Scheme within the Victorian Equal Rights and Human Rights Commission (“the Commission”):

  • Non-judicial and non-elected politically appointed body
  • Non-judicial therefore not subject to the rules of evidence, or practice and procedure
  • Empowered to create offences
  • Empowered to amend Acts (only parliament has that power)
  • Redefines words (sexual orientation) and introduce ideological concepts (gender identity, sex characteristics)
  • Officers are employed as Public Servants in VIC
  • The powers of the Commission may be delegated to any member of staff of the Commission.

Objects of Act

The object empowers the right to denounce (i.e. condemn or censure a person openly and publicly) a natural person or any organisation for failing to acquiesce to the legislation, backed by significant criminal sanctions and substantial fines.

It is not normal legislative drafting, emotive position statements with no legal meaning are being made “feel welcome and valued in Victoria” and “live authentically and with pride”, “broken and in need of fixing”, “shortcomings”, and in the absence of evidence that such conduct are “deceptive and harmful” to individuals and the community “as a whole”.

The legislation empowers the Commission to publicly excoriate anyone who causes “serious harm” or “harm” to a person by failing to affirm their sexual orientation or gender identity.

These two concepts are defined in the legislation, but they are sufficiently broad as to be rendered meaningless (see below) and could be interpreted to be applied to any feeling a person may experience towards another person, or their name, dress, mannerism or subjective feelings about themselves.

A contravention of the Act is any conduct that is not supportive of or affirms a person’s gender identity or sexual orientation.

It means that if a person fails to affirm another person’s “gender identity” their employer can be held accountable, as can any body corporate that they are employed by or act for.

Suppression is not given a definition, it relies on the initial premise and fails as an illogical fallacy, and it is given sufficiently broad scope as to mean anything that does not affirm or support a person’s “gender identity” or “sexual orientation”.

The Act has extra-territorial application, meaning it can apply to conduct occurring outside of Victoria, provided there is a “real and substantial link” to Victoria such as the harm caused occurring inside Victoria even if the person who contravenes the Act is outside the State.

“Sexual orientation” is redefined as same “gender”, by doing so it erases the concept of homosexuality – same SEX attraction, and fails to define “gender”

If a person consents to treatment for their gender dysphoria, and they want assistance reconciling with their natal sex, anyone assisting them in this could be held liable

Any person is able to report another person to the Commission for breach of the legislation

The language used is archaic and medieval – they refer to “deliverance practices” and “exorcisms” s5(3)(b) and denouncement s1 in the legislation.

The scope for prohibited conduct not only covers in person interaction, but online communications s5(4).

The penalty is up to 10 years imprisonment and 1200 penalty units ($198,264.00) or 6000 penalty units for an organisation ($991,320.00) if “serious injury” is caused.

Serious injury is a legal term defined in the Crimes Act 1958 VIC s15

  • Life has been endangered; or
  • An injury that is substantial or protracted;
  • But under this Bill the Commission is entitled to determine “serious” as it sees fit – depending on the regularity of the conduct, and in consideration of the objects of the

The penalty is up to 5 years imprisonment and 600 penalty units ($99,132) and/or 3000 penalty units for an organisation ($495,660) if “injury” is caused.

Injury is a legal term defined in the Crimes Act 1958 VIC s15

  • Physical injury; or
  • Harm to mental health;
  • Whether permanent or
  • “Harm to mental health” includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm
  • Note: for psychological harm a mental illness such as depression, anxiety or PTSD must be established

The penalty is up to 7 years imprisonment and/or 240 penalty units ($39,652.80) if you take someone out of Victoria for the purpose of a “change or suppression” practice.

If anyone advertises about change or suppression practices they can be fined up to 60 penalty units ($9,913.20), and an organisation up to 200 penalty units ($33,044). The Commission is empowered to demand any person produce any documents and will be fined up to 60 penalty units ($9,913.20), and an organisation up to 200 penalty units ($33,044). should they fail to do so.

A corporation will be held criminally responsible for any associate who engages in conduct, if they are aware of any associate engaging in conduct, or if there is a “corporate culture” that encourages or tolerates conduct, that has the intention of contravening the act.

The Commission

The Commission has placed themselves as judge, jury and executioner. They are empowered to assign authorisation for any of their powers to any person.

They are empowered to:

  • Create the message;
  • Conduct research to create the message
  • Educate the community;
  • Enforce compliance including criminal sanctions and substantial

The Commission is empowered to perform their functions against:

  • A natural person;
  • An organisation or corporation;
  • An employer, principal, organisation or corporation who will be held vicariously liable for all employees, agents, officeholders and volunteers, unless they took steps (proven on the balance of probabilities) to prevent the

The Commission is fully empowered to perform these functions:

  • Receive reports from any person about any other person or organisation;
  • Request any information from any person or organisation who has allegations made against them;
  • Establish the policies and procedures for reporting;
  • The report does not yet have to be in any proscribed form;
  • Conduct any investigation if it advances the objectives of the Act in any manner it sees fit
  • If the investigation contravenes the principles of natural justice, it is allowed to do so if the Act allows for that;
  • A person or organisation can be compelled to provide the information, if they fail to do so they can be fined up to $9,913.20 as a person, or $49,566.00 as an organisation;
  • A person or organisation can be compelled to attend if the Commission deems it necessary and relevant;
  • Although a person may refuse to do so on the grounds they may incriminate themselves;
  • Establish the processes for determining the outcome;
  • Determine the outcome, along with the complainant;
  • The response is determined by the needs and wishes of the person affected by the contravention;
  • Facilitate the outcome;
  • That anyone bringing proceedings under this Act is authorised to do so;
  • The Commission may take any action it sees fit in relation to an investigation and enforce compliance or any other undertaking to refrain from or agree to take certain actions;
  • These enforceable undertakings will be made public;
  • Determine whether the parties are entitled to anonymity or not, or whether documents or information should be released publicly;
  • The Commission or anyone empowered with authority by the Commission can determine whether any information can disclosed to the public;
  • This person empowered to make these disclosures must not be required to provide any document containing information the Commission deems to be protected to a court unless it is to prosecute someone for a contravention of the Act, a criminal proceedings or with consent;
  • The parties can reach an “agreement” by consent to be certified and registered by the Commission which can then be enforced;
  • Provide “targeted education” the person or organisation in contravention, including the principals and office-holders;
  • Provide support to complainants to report contraventions to police;
  • Report the contravention to any other public body or agency, including the police;
  • The Commission is entitling itself to provide advice to the court in relation to contraventions of this Redefinition of Words “Gender Identity” means a person’s gender-related identity, which may or may not correspond with their designated sex at birth, and includes the personal sense of the body (whether this involves medical intervention or not) and other expressions of gender, including dress, speech, mannerisms, names and personal preferences;”.

This definition is broader than the Commonwealth definition as it has removed the words “deeply held” leaves limitless scope for application.

 Sex Characteristics

 “Physical features relating to sex” replacing the concept of biological sex, and breaks the body in parts instead of treating the human form holistically.

 Sexual orientation has been redefined as:

 “a person’s emotional, affectional and sexual attraction to, or intimate or sexual relations with, persons of a different gender or the same gender or more than one gender;”.

This completely erases the concept of homosexuality – same sex attraction – and replaces it with an ephemeral, subjective description that could apply to anyone’s feelings of any kind about anyone else.

Amendment of Family Violence 2008 and Personal Safety Intervention Orders Act 2010

The practical application of this is that if a child or spouse declares a sexual orientation or gender identity, they are entitled to have a member of their family or their spouse charged with domestic violence and a bring an Intervention Order against them if they fail to affirm or support them.

The practical application of this is that the transitioning family member can retaliate against family members who refuse to support or affirm, or even remain neutral, in light of their SOGI. It will enable people to impose criminal sanctions on their families – with respect to the stories of ROGD girls, AGP males, and transwidow and transorphan survivors, it is completely foreseeable and predictable the havoc and harm these amendments will wreak on families and relationships.

Explanatory Memorandum

  • Promote the rights of LGBTIQ+ people under the law; with the passing of the same sex marriage statutory provisions people with a same sex orientation achieved legal equality under Australian
  • Under our law, people claiming a gender identity or with an intersex condition are protected under the Sex Discrimination Act
  • Queer is not a protected characteristic recognised or defined anywhere in Australian law.
  • LGBTIQ have the right to “freedom of thought, conscience, religion and belief”, if the Act is enacted, these rights will be denied to those whose conscience, thoughts or belief systems do not acquiesce to gender identity
  • Egregiously, they claim to rely on human rights protections for children to be protected by society and the State: it is arguable that affirming children to set them on a medical and surgical pathway on the basis of a belief they hold that is factually impossible (that they change sex) protects
  • That failure to acquiesce to, and openly criticising, gender identity ideology is “propagating myths and stereotypes about sexual orientation and gender identity”

What Motivated Alex Greenwhich’s Dummy Spit to LNP?

The Lady Kit Kowalski

Alex Greenwhich MP, independent member for Sydney, had a dummy spit earlier this week when Premier Dominic Perottet said:

…he believed it was a matter of physiology that “girls should play sport against girls” and that people should be able to raise issues “without being cancelled”.

21 ApRil 2022 Source SMH

Greenwhich, shocked and appalled at Perottet’s mild position, issued an ultimatum:

“I’ve maintained a very cooperative working relationship with the Perrottet minority government, but it would be impossible for that to continue if trans youth continue to be picked on by the Premier,” Greenwich said.

21 ApRil 2022 Source SMH

“Picked on” is fairly far from the truth of what has happened. The premier didn’t even mention trans youth – only girls and boys, which he failed to provide a definition for. It’s an extreme reaction to a very mild statement. Greenwhich must feel threatened.

He even took his…

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Wear It Purple is a profit-taking enterprise

Wear It Purple is a member of ILGA, an organisation that lost it’s ECOSOC status for its ties to PIE and NAMBLA and as early as last year still pushed lowering the age of sex with minors though it’s ‘declaration of woman’ charter.

The Lady Kit Kowalski

Source:Wear It Purple 2020 Annual Report,Australian National Charity Register, Wear It Purple Blog

Wear In Purple is an Australian Youth charity. Their main activity is promoting “Wear It Purple” day where people are encouraged to wear purple in support of queer youth, rainbow youth and youth “being who they are” (who else would they be?)

Wear It Purple is a profit-taking enterprise

In 2020, they took $195k net profit and paid no wages, yet they still prominently ask for donations and sell merchandise.

Their main ‘product’ is participation in grassroots events which WIP support with graphics. Remote workers are provided with slick backgrounds they can use for their Zoom calls. These cost almost nothing to prepare. In fact the money paid to “consultants” by WIP in 2020 was only $600.

Wear It Purple promotes mutilation of children

In the article “It Took A Long Time To…

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Trans Research is Produced by Trans Activists

This is almost cliche, the type of people pushing the predation on kids…

The Lady Kit Kowalski

I recently released a post about the The 2018 Australian Trans and Gender Diverse Sexual Health Survey. The post ended with a question asking who may have been behind this work. It is time to answer this question.

The citation for this study includes 10 names. Some are academics. Some are transgender activists. The study’s website shows photographs of the researches. Can you tell which ones are the activists?

Trans Gender Diversity Sexual Health Researchers. Can you tell which ones are the researchers and which ones are the activists?

The Activists

Jeremy Wiggins: Creator of GRUNT, Executive Officer at Transcend.

The study started as the masters thesis of one Jeremy Wiggins. She is one of the creators of GRUNT. That’s the website enabling women to invade gay male spaces.

GRUNT primes women to invade gay male private space.
It is hosted by Australian Federation of…

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Pride in Diversity and the Taxpayer’s Dollar

Always follow the money… Kit does another great piece on the trans lobby ACON

The Lady Kit Kowalski

$17 Million in Grants

In 2021, ACON, the AIDS Council of NSW, received $16.9 MILLION in grant money. ACON’s principal objective is “Ending HIV transmission among gay men and other homosexually active men“.

Almost $2M in Badge Money

In the same year, members of ACON’s Pride in Diversity program paid over $1.9 Million for the privilege of calling themselves members of the scheme.

Each standard membership is $6600. I’ve made my calculations on the basis that all 296 members paid the same.

They have a sample business case on their website to help you convince your bosses to shell out the money. Members get access to events, video training resources, and an opportunity to display a badge on their website or in recruitment brochures. The list of benefits is here.

Slightly less than half a million came from state and federal government agencies. It’s well over $600k…

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“Are you really though?” When your trans spirit guide knows you better than you do

Excellent analysis of a youth produced films, to recruit youth into transgender identities..

The Lady Kit Kowalski

This post is about 2 short films from Momentum Studios – a small social justice film studio in Australia.

Masked‘ deals with a young woman’s journey of discovery that she is ‘trans’. The follow-on film ‘Still Me‘ deals with a young woman finding the courage and support to claim her non-binary identity.

Both films present a stylised discomfort with gender stereotypes and both young women are rescued by a spirit guide character who brings them to the trans pathway, thus solving their discomfort.

Masked

By Knox City Council and the ‘Free To Be Me’ Knox LGBTQIA Youth Group. The youth group is for 11-14 year olds.

MASKED follows the story of High Schooler, Zoe, struggling to come out as a trans man. After knowing who they truly are for a while, Zoe finds themselves fatigued by their fear of whether others will accept them or…

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How TransHub is Selling Experimental Drugs to Australian Children

Excellent [ost as usual from Kit Kowlaski on the puberty blocker scam

The Lady Kit Kowalski

TransHub is an informational source owned by ACON. They have lots of pages dedicated to children and how to transition children. They even look at the legal landscape in some detail.

I’ve made 2 videos on TransHub’s material on Puberty Blockers.

TransHub do not mention how dangerous these drugs are

TransHub perpetuates a myth that these regimes are too expensive (so that it will become easier for children to access experimental sterilizing treatments)

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‘we can stop this drug, and your body goes back to how it would have been with no long-term consequences’ [reblog]

ABC, Australian Broadcasting Corporation is a sponsor of ACON, and promotes LGBQTIA ‘inc’. gender ideology propaganda, as a nationally owned media outlet it does Australian’s a serious dis-service misrepresenting the impact of puberty blockers.

The Lady Kit Kowalski

Reblogging this piece from another author. This text has been sent to Media Watch, the journalists who investigate our media. It is in regards to a special-interest piece by our dear national broadcaster about the Michelle Telfer who heads up Australia’s premier gender id clinic for children. Dr Telfer believes she can “give [a girl] a boy’s body”. Note the timecodes in ().


I’ve just sent this tip-off to Media Watch: ‘A Balancing Act’, Australian Story. ABC, 24/5/2021. This broadcast covers up and misrepresents what Dr Michelle Telfer did in 2014.

There are two issues here:

  • long-term consequences of puberty blockers
  • effect of puberty blockers on bone density

Long-term consequences

In 2014, Dr Tefler told the Langley family that if Isabelle decided to ‘go back to being Campbell’, ‘we can stop this drug, and your body goes back to how it would have been with no long-term…

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Revolting

Here is the wonderful Kit, with a few words for ABC pushing lesbians to accommodate males wishing to f*ck them. Do I need to state these are adult human females that are ONLY attracted to adult human females??
This is part of rape culture.

The Lady Kit Kowalski

Our dear national broadcaster, the ABC, has a delightful show called You can’t ask that where people from certain groups answer the questions that are considered. Muslims have answered “are you all Jihadi?” nudists have answered whether they are all swingers, clergy have opened up about their sex lives and HIV+ individuals have shared their stories of life with a death sentence. It breaks down barriers and is quite nice.

Finally, lesbians have their day!

Except, there’s one little snag. Almost literally, there is a sausage in the works. A self-declared lesbian male has shown up to tell lesbians what’s what.

Mostly he’s a bit clueless with statements such as “labels do work for me. Having the labels lesbian and trans-woman really helped me get to my current identity”. Well, that’s obvious mate. When you are searching for identity over substance, labels are all you will get.

He’s…

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