Expungement of historical records for Queensland gay men one step closer

Expungement of historical records for Queensland gay men one step closer
Image: Attorney-General Yvette D'Ath.

WITH LGBTI rights clearly on its agenda after restoring civil unions in the state late last year, Annastacia Palaszczuk’s Labor government has taken the next step towards expunging the historical convictions of homosexuality for hundreds of gay men in Queensland.

The process was started under the former Newman LNP government by former Attorney-General Jarrod Bleijie two years ago and will finally be seen through to fruition later this year, according to current Attorney-General Yvette D’Ath.

[showads ad=MREC] “This is about doing what is right, what is fair and what is just for all Queenslanders,” D’Ath said.

“And it delivers on a significant election commitment we made to the people of this state.

“This is a complex issue due to the technicalities of Queensland’s Criminal Code and the historic nature of these cases.”

Announcing the Queensland Government was referring the expungement issue to the Queensland Law Reform Commission (QLRC) with recommendations as to how past convictions for homosexuality can be quashed, D’Ath said the Commission process was to ensure expungement would be ideally dealt with.

“The QLRC will use its experience to consider the best approach to expunge these historical criminal convictions. This sends the clear message that outdated and intolerant attitudes towards our gay community belong in the past,” she said.

“Referring this issue is an important step that shows we are serious about delivering on our election commitment to remove these archaic convictions from the criminal histories of men who should never have been charged.”

A historic day in Queensland. Attorney-General Yvette D'Ath (L), LGBTI Legal Service's Emile McPhee, Alan Raabe and Peter Black. Photo: David Alexander
A historic day in Queensland. Attorney-General Yvette D’Ath (L), LGBTI Legal Service’s Emile McPhee, Alan Raabe and Peter Black. Photo: David Alexander

A discussion paper started by the former government took submissions from gay men across Queensland, most who wished to remain anonymous.

However, Alan Raabe is one man happy to speak out about his experience of being entrapped by a policeman in Cairns in 1988 when he was 32.

“I was entrapped by, who I found out later on to be, a fairly notorious police officer known for his entrapment of gay men who lured me into a park very late a night,” Raabe told Star Observer.

“It was a very clear case of entrapment but there was nothing I could to challenge that. What they did was very wrong.

“He asked me a very specific question and after warned me that what I would be charged with would depend on my answer. I wasn’t given the opportunity for legal advice or support or anything.

“When I answered the question honestly, as my father was a policeman and I was always brought up to respect them, he charged me with aggravated sexual assault for brushing up against him.”

On what a criminal conviction on his record meant to him, Raabe said that his life had been irrevocably impacted.

“It prevents you from doing so much work and holds you back in so many aspects of life. In my particular case I wanted to be a teacher and was undergoing study to get a degree,” Raabe said.

“At the conclusion of that I was advised to not even bother applying with teacher registration because of my conviction.

“It prevented me from pursuing a career, and a love and passion that I had always wanted to do. It was heartbreaking.

“My charge even prevented me from volunteering throughout my life, even I time I wanted to do some work for a disability group on the Gold Coast.”

Involved right from the beginning of the former government’s discussion paper, Brisbane Pride Festival President and Queensland University of Technology Law lecturer, Dr Peter Black, said expungement was an issue that needed to be dealt with swiftly.

“While a commitment to legislate for the expungement of historic gay sex convictions is important, this issue is not resolved until legislation is passed by the Parliament,” Black told Star Observer.

“As such, I would encourage the government to act quickly as a number of Queenslanders continue to live with ongoing stigma, shame, and practical difficulties presented by a criminal record for conduct that is now legal.”

“Apart from the importance of this to those Queenslanders, this reform would also be a recognition that those laws should never have been on the books to begin with, which is of symbolic importance of the LGBTI community.”

With other states and territories dealing with the issue of expungement over the past few years, Black said whether the state would likely adopt similar measures taken elsewhere would be up to the QLRC. It was helpful bipartisan support had been offered which should expedite the process, he added.

“After the preliminary discussions with the former Attorney-General, Jarrod Bleijie, the LGBTI Legal Service worked with legal groups, community organisations and community members to develop a discussion paper.  We presented that discussion paper to the current Attorney-General, Yvette D’Ath, in September last year.

“I also met with the Shadow Attorney-General, Ian Walker, last year and obtained the LNP’s support for the expungement of historic gay sex convictions (as well as the abolition of the homosexual advance defence).”

Other commitments made to the LGBTI community during the 2015 state election included dealing with other gay law reform issues facing Queensland, including age of consent and the gay panic defence.

Speaking earlier today, D’Ath indicated that she was in discussion about resolving the other two issues at the same time as expungement towards later this year.

“Our laws have acknowledged consensual homosexual sex as legal since 1991. It’s time to ensure that members of our community are not burdened by criminal convictions for something that should never have been a crime in the first place.”

On what expungement would mean to him, an emotional Raabe said that it would allow him to be at peace within himself.

“Another area that I don’t really talk about a lot is that affects you so mentally and emotionally. You think to yourself ‘holy shit, I must have done something so horribly wrong and I must be a bad person if they had done this to me’,” Raabe said.

“You start to blame yourself for stuff…and to have [records expunged] and have it be acknowledged that it wasn’t my fault at all, it will just mean everything.”

Raabe said that expungement had only got to where it is today due to the team working to advocate for him and hundreds others behind the scenes.

“This process has opened my eyes to the fact that I’m not the only one who this has happened to. There are hundreds of us,” Raabe said.

“It has to be acknowledged that there has been a huge team behind getting expungement into the spotlight and see the political attention it has received, and fighting this fight today.

“If it wasn’t for them the politicians wouldn’t have done anything. It’s only because of them taking up our voices that the politicians have heard. Today is a wonderful step in that process.”

The QLRC is expected to report back by the 31st of August after a statewide consultation with public and legal stakeholders.

[showads ad=FOOT]

You May Also Like

6 responses to “Expungement of historical records for Queensland gay men one step closer”

  1. Now if only Western Australia and the northern territory would also implement an expungement scheme too?!

    But hey they both have liberal party governments, so I am guessing that will happen when pigs fly! The liberal party are also in power at a federal level and that means no marriage equality too until the next election!

  2. It is crazy in 2016 that Queensland is way behind the rest of Australia, in terms of LGBTI rights. It is deeply embarrassing to be a Queenslander! The problem clearly is a currupt attorney-general who is clearly way to young and inexperienced for the job on gay rights legal issues! I could do a better job than her! I would implement equality straight away – no questions asked! There I said it in a mouthful! She has been in her job for a year now and it does not take a year to sort out the expungement scheme, abolition of the gay panic defence and an equal age of consent. Time is running out, only 2 years left to implement all 3 of these – until the next Queensland election due in early 2018.

  3. This minority Labor government had all this time in 2015 to sort out implementation of the expungement scheme, the gay panic defence abolition and the unequal age of consent issue! Why do they need to refer this back to the Queensland law reform “procrastination committee”. This Queensland Labor government is as useless as tits on a bull!

    Even though same-sex couples are currently banned from adopting children in Queensland, this was not listed as an election issue. I doubt that a bill on this issue would pass the Queensland parliament. 2 Katter Party, All LNP Party, 1 Independent and 5 Labor Party MPs Oppose adoption rights for same sex couples. The bill has no hope until after the next 2018 Qld election.

    • So very true indeed! How weak of the Qld attorney-general to refer the 3 main LGBTI issue of Queensland – namely the abolition of the gay panic defence, the unequal age of consent and the expungement scheme implementation to a “procrastination committee”. She is a useless attorney-general.

  4. I have noticed that there was no election promise by Labor to include same sex couples in the Qld Adoption Act 2009 as well. The same in SA and NT as well, no commitment by Labor at all, let alone from the evil side of politics being the Liberal party! For shame!

    In 2016, it is sad in QLD that we have a very strange anal sex age of consent law, a gay panic defence and still no expungement scheme!

    What is wrong with you Queenslanders?

  5. So in other words according to the attorney-general of QLD, there will be no reform until after 1 September 2016 on the expungement scheme, the abolition of the gay panic defence and the equalization of the age of consent. Then 3 bills would have to be drafted, passed by committee and then passed by the full Parliament (thank god there is only one house of parliament in QLD! An election I expected sometime in early 2018. I suggest this labor minority government get there shit together and pass these bills once drafted immediately!