Australia's long journey to redress for gay convictions: Tasmania establishes victim compensation scheme
AUSTRALIA’S HISTORY OF DECRIMINALISING AND EXPUNGING HOMOSEXUALITY OFFENCES:
TASMANIA
Decriminalised: 1997
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By continuing you agree to our Terms and Privacy Policy.Tasmania’s Liberal government introduced legislation in 2017 to expunge the records of those convicted or charged of homosexual and cross-dressing offences, with premier Will Hodgman calling the laws “unfair and unjust” during his apology in state parliament
On Thursday, Tasmanian parliament passed laws to establish a nation-first redress scheme for victims
SOUTH AUSTRALIA
Decriminalised: 1975
While it was the first state or territory to bring in a scheme allowing for the removal of the now-defunct crimes from a person’s criminal record in 2013, South Australia gave discretion for magistrates to consider other criminal history when ruling the conviction “spent” or not
A 2020 bill removed the requirement for a person to complete a 10-year crime-free period for historical homosexual offences to be spent
ACT
Decriminalised: 1976
The ACT government’s scheme to allow those convicted of criminal offences to apply for them to be expunged came into effect in October 2015
VICTORIA
Decriminalised: 1980
Legislation that came into effect in September 2015 allows for the criminal records to be expunged through application by the convicted person or a relative, if deceased
A formal apology was delivered in state parliament in May 2016 by Premier Daniel Andrews
NEW SOUTH WALES
Decriminalised: 1984
A private members bill that became law in 2014 allows those convicted of homosexual offences in NSW to apply to have their records expunged
To mark the 40th anniversary of decriminalisation in 2024, Premier Chris Minns issued a formal apology to those affected by the “unjust laws”
NORTHERN TERRITORY
Decriminalised: 1984
The NT was the last Australian state or territory to move to wipe the records of any person convicted of consensual homosexual sex in 2018
Chief minister Michael Gunner delivered a formal apology and said the laws were wrong
People have to apply to have their conviction or convictions removed
WESTERN AUSTRALIA
Decriminalised: 1990
The state government introduced a bill in 2017 to expunge the criminal records of anyone convicted under the defunct laws, together with an apology in state parliament
The scheme was opened in 2018 and requires people to apply
QUEENSLAND
Decriminalised: 1991
The government introduced legislation to throw out past criminal convictions for homosexuality in 2017, with premier Annastacia Palaszczuk delivering a formal apology in state parliament on the same day
Sources: NT, WA, Queensland, Tasmania, Victorian, NSW and SA governments, the Museum Of Australian Democracy At Old Parliament House and SA parliament Hansard
