Frequently asked questions Q. Do I still have the right to freedom of religion and freedom of expression with the new conversion practices legislation? Everyone has the right to freedom of expression and freedom of religion and these rights are protected under the New Zealand Bill of Rights Act 1990 (BORA). However, the BORA also recognises that rights can be restricted in some situations. This may require a balancing of rights. For example, freedom of religious expression needs to be balanced with the right to be free from discrimination and harm. Mental health professionals are encouraged to consider the principles of freedom of religion and freedom of expression within the legal and ethical frameworks in which they operate. Q: Do I have a legal duty to report a client’s disclosure of a conversion practice? No, not under the Conversion Practices Prohibition Legislation Act 2022. Under the Act, complaints and reports of conversion practices are only able to be made by survivors. Nevertheless, the risk of imminent harm should be considered, and if required, the situation escalated according your professional governing policy or code of ethics. 99 Conversion Practices Guidance for mental health professionals Q. How should I deal with differences of opinion between a young client and their parent or caregiver when it comes to conversion practices? Conversion practices cause significant harm to the person experiencing them and are unlawful. Treat this as a situation where the risk of harm – and the law – requires appropriate escalation. Q. What should I do if I think that conversion practices might be happening in my professional setting? In Aotearoa many professional bodies governing mental health professionals require their members to take action in some form if they suspect or discover a conversion practice is occurring in their setting. In this case, it is best to contact the relevant governing body for information on the correct procedure. Q. I’m not sure whether something I’m doing could be considered a conversion practice – what should I do? If you have questions about whether actions may amount to a conversion practice you can contact the Commission for free advice, or you may like to seek legal advice.