Homosexual convictions to be expunged by Tasmanian Government
Updated
The island state was the last Australian state to decriminalise homosexuality in 1997 but some men convicted before then still carry criminal records.
"The repeal did not address the implications for those with existing criminal records pertaining to consensual homosexual activity," he said.
"The legislation will ensure that any individual prosecuted under these offences will no longer suffer distress or be disadvantaged by a criminal record in relation to travel, employment, and volunteering."
In addition to the repeal of criminal records, the Tasmanian Government will also formally apologise to all those affected including families and loved ones of people who are now deceased.
Tasmanian Gay and Lesbian Rights Group spokesperson Rodney Croome praised the move.
"For those men who were prosecuted in Tasmania for simply being in same-sex relationships it will be a great relief to be rid of the disadvantage and stigma that comes with an unfair criminal record," he said.
Convictions expunged:
- Sexual intercourse against the order of nature
- Consensual sexual intercourse between males
- Indecent practices between males.
"I am proud that Tasmania will be the first state to apologise to those arrested and their families because it will lift a burden from their shoulders and send the strongest message yet that Tasmania is a progressive and inclusive society."
Mr Croome said he hoped for a similar response to other laws which have since been repealed.
"Tasmania was the only state to criminalise cross-dressing and I look forward to people targeted under those provisions having the opportunity to clear their names and their records," he said.
Move supported by opposition parties
Shadow attorney-general Lara Giddings said Labor wholeheartedly welcomed the "positive step".
"We also welcome moves to apologise to those directly affected, their families and the loved ones of those who have passed away," she said.
It's great that we're not going to be the last cab off the rank with this, we were with repealing the criminalisation of homosexual offences.
Anti-Discrimination Commissioner Robin Banks
hile this legislation and any subsequent apology cannot undo past wrongs, it is another step on the pathway to ending discrimination."
The move was also praised by Tasmanian Greens leader Cassy O'Connor.
"The Government has made the right decision to take the next step in the healing process," she said.
"Expungement of the convictions will help to provide closure to many of those who were arrested for simply being who they are.
"These convictions have had a profoundly negative effect on those who were arrested, charged and convicted."
Anti-Discrimination Commissioner Robin Banks said the move was not just a symbolic gesture.
She said in some cases, the criminal records limited a person's options.
"Options for employment, they will have often chosen to work in areas where criminal record checks are not undertaken or they will have had to explain the circumstances of a criminal record in highly personal situations," she said.
"For many people they won't have even applied for jobs because they would be afraid that something that would be misunderstood will appear."
She said other states had started the process of allowing people to expunge convictions for homosexuality but none had gone as far as offering an apology.
"It's great that we're not going to be the last cab off the rank with this, we were with repealing the criminalisation of homosexual offences," she said.
"I think it's really positive that the Government is going to include an apology in the parliamentary process because apologies make an enormous difference to people."
Applications to have convictions expunged will be processed through the Secretary of the Department of Justice.
Media player: "Space" to play, "M" to mute, "left" and "right" to seek.
Topics: gays-and-lesbians, states-and-territories, tas
Replies