Nobody has been charged under ACT laws banning sexuality and gender identity conversion practices but that doesn't mean it hasn't happened, a review has found.
The review said there had been instances of people being threatened with conversion practices or people who had experienced what is "fundamentally a conversion practice" but were unable to report it.
The review of the laws, required under the act, found there was not much awareness of the laws among Canberra health practitioners and LGBTIQA+ and faith communities.
Stakeholders also reported concern the laws may not provide protections for people in certain situations. But as the laws have yet to be tested it is unclear whether this would apply.
The territory's Legislative Assembly passed a bill to criminalise sexual and gender identity conversion practices in 2020, which came into effect in early 2021.
Under the laws, police can charge people or organisations who commit conversion practices. People can also complain to the ACT Human Rights Commission. While the commission has not received any formal complaints there have been six inquiries about practices.
Police also confirmed in the review nobody has been charged under the act and they had not undertaken any investigations but stakeholders have warned this does not mean such practices are not occurring.
"While the criminal and civil pathways in the act have not been utilised, this should not be taken to mean conversion practices are definitely not occurring in the ACT," the review said.
Stakeholders said people had reported being threatened with conversion practices and others had received correspondence from religious organisations in the territory who indicated they would be willing to perform conversion practices if approached.
Others reported there had been medical practices which had the same goals of conversion practice, done "under the guide of 'watchful waiting' and 'gender exploratory theory'".
There were also reports of clients for a service experiencing what is "fundamentally a conversion practice, but that the language used by the provider around what is being done has meant that individuals have not felt they were able to report it under the act".
The ACT's review came as NSW passed legislation to outlaw conversion practices last month.
The review wrote to 26 organisations inviting them to make a submission, including the ACT Human Rights Commission, ACT Policing, the Education Directorate, LGBTQIA+ support groups, the Catholic Archdiocese and the Australian Medical Association.
Nine groups made a submission in writing and reviewers met with a further seven stakeholders.
The review said three stakeholders said the ACT's law should be amended to allow adults to consent to gender conversion practices. However, another three stakeholders completely countered this position.
"They argued that full informed consent to conversion practice is not possible due to the deceptive nature of claims, and because such practices take place in the context of deeply reinforced stigma, discrimination, coercion and pressure," the review said.
"They suggest, even if a 'consenting adult' seeks a conversion practice, the ethical response is not to provide such a practice as there is no evidence such practices work and there is evidence the practices harm, even when there is consent."
The review made three recommendations, including there should be efforts to increase awareness among those at risk of conversion practices and those at risk of performing practices.
The review also said the government should consider whether legislative changes were needed in the future but recommended no changes at present.
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