Here’s How Tasmanians Can Access Redress Payments For Historic Homosexuality Convictions

Tasmania has introduced a scheme allowing people convicted under former laws criminalising homosexuality and cross-dressing to have them removed from their record and receive financial redress for the harm caused. 

What Offences Are Covered?

The Expungement of Historical Offences Scheme covers a range of former offences. These include consensual sexual activity between men, soliciting or loitering for sexual purposes between men, and cross-dressing offences. The scheme also applies to charges for related offences, such as resisting arrest or abusing a police officer that is related to historical homosexual or cross-dressing activity.

Where Do I Apply?

Applications are confidential, and can be made online. Moreover, anyone who knows of a deceased person who was charged or convicted with homosexual or cross-dressing offences can apply to have them removed from their criminal record, though they will be ineligible for a redress payment.

What Compensation Can I Expect?

Potential payments include approximately $15,000 for a charge, $45,000 for a conviction, and $75,000 for a jail sentence. If multiple charges are expunged, the applicant is entitled to only one (the highest) payment.

How Long Ago Was Homosexuality A Criminal Offence In Tasmania?

The scheme focuses on three laws: Sections 122 (a) and (c) of the Criminal Code – oral or anal sex, and Section 123 of the Criminal Code – any other sexual activity between men, which were repealed in 1997; as well as Section 8(1)(d) of the Police Offences Act, which was in force until April 2001.

Ultimately, the scheme follows the Tasmanian Government’s recognition of the deep pain and damage inflicted by these former laws, and 2017 decision to allow historic criminal records for homosexuality and cross-dressing to be expunged.

While all Australian states and territories have established legal processes to expunge historical criminal records for consensual homosexual acts that are no longer crimes, Tasmania is the first to offer financial redress. This marks an enormous leap in LGBTQ+ reconciliation efforts for the state, which had been the last to decriminalise homosexuality in Australia, in 1997.