Defence Force Personnel Can Now Apply To Have Historical Homosexual Convictions Expunged

Current and former Australian Defence Force (ADF) personnel can now apply to have historical convictions for consensual same-sex activity extinguished from their service records, following changes to military discipline law.

Until 1992, consensual homosexual activity could be prosecuted as a service offence. Decades after those activities were decriminalised, affected personnel have continued to carry convictions on their official records.

Amendments to the Defence Force Discipline Act 1982 (Cth) now allow eligible convictions to be formally extinguished, meaning they are treated as though they never happened.

The government announced applications are now open on 6 October. The Defence discipline system is the final Australian jurisdiction to introduce a scheme allowing these historical convictions to be extinguished.

“A long time coming,” says Minister Matt Keogh

Minister for Veterans’ Affairs and Defence Personnel Matt Keogh said the changes would address the continuing consequences of discriminatory military laws.

“The extinguishment of historical homosexual service convictions for current or former serving defence personnel is an important step in righting a historical wrong. This has been a long time coming.”

“We have always been proud of those who serve our nation.”

“These changes will enable those impacted personnel to have their proud service accurately reflected in their official service records as well.”

“These new laws are a restorative legal change to help lessen the detriment and stigma of former homophobic attitudes and practices reflected in such convictions.”

Who can apply?

Applications can be made by a person with a historical homosexual service conviction, their representative, or someone with a special interest in the conviction.

Family members of deceased veterans can also apply on behalf of their loved ones, allowing records to be corrected after an affected person’s death.

Former Defence personnel who believe they were administratively separated under a discriminatory Defence policy can separately seek a review of their separation and have their service record updated.

The government has also committed to a formal apology acknowledging harm experienced by LGBTQIA+ personnel and veterans under historical discriminatory policies. It intends to deliver that apology later this year.

Recognition for veterans discharged without convictions

As Star Observer previously reported, the Senate debated military justice legislation on 17 September, supporting an official apology and a Certificate of Honourable Service for former LGBTQIA+ personnel harmed by discriminatory policies.

David Gibson, chair of GLBTI Rights in Ageing Inc (GRAI) and a former Army officer discharged because of his sexuality, said last month that recognition needed to include veterans who were removed without a criminal conviction.

“When GRAI appeared before the Senate inquiry, our concern was pretty simple. If we recognised the convictions but not the people dealt with administratively, we risked creating another group of forgotten veterans,” Gibson said.

“That distinction matters. Some people were convicted. Some were discharged. Some were pressured to leave. Whatever the mechanism, the message they received was the same: there was no place for them in the Defence Force because of who they were.”

Gibson has called for the Prime Minister to deliver the apology.

“It needs to say plainly: you served Australia, what was done to you was wrong, and we are sorry.”

Calls for financial redress continue

The September debate also marked the second time the Senate had failed to endorse financial redress for affected personnel.

Last month, Just.Equal Australia spokesperson Rodney Croome welcomed the apology commitment while calling for compensation.

“We welcome an apology as an important step towards healing the wounds of the past,” Croome said, “but financial redress is also required for those who suffered discrimination and dishonourable discharge because of who they were.”

Greens LGBTQIA+ spokesperson Senator Nick McKim has also called for a redress scheme, citing the loss of employment, income and housing, alongside impacts on veterans’ mental health.

“Financial redress cannot undo that harm, but it would provide a tangible acknowledgement of the injustices that were inflicted.”

Information about the extinguishment scheme and how to apply is available through Defence’s military justice website.