TAS GOV’T REFUSES FINANCIAL REDRESS FOR VICTIMS OF FMR ANTI-GAY & ANTI-TRANS LAWS

CALL ON LABOR, GREENS AND INDEPENDENTS TO ENSURE JUSTICE IS DONE 

Equality Tasmania has called on Labor, the Greens and independents to support financial redress for victims of the state’s former laws against homosexuality and cross-dressing after the State Government refused.

Attorney-General, Guy Barnett, has introduced updates to legislation that allows victims of the former laws to have their criminal records erased.

These updates, recommended, by an independent review, include an expansion of the legislation to cover associated crimes such as resisting arrest.

But the Government has stopped short of providing financial redress as recommended by the review.

Equality Tasmania spokesperson, Rodney Croome, welcomed the Government’s proposal to include related offences, but said financial redress must be included.

“When gay and transgender people were charged or convicted under our former laws they faced gaol, fines, court-ordered aversion practices, involuntary outing, loss of jobs, loss of family, loss of relationships and exile from the state.”

“For decades after their conviction, having a criminal record made it much harder for those targeted under our old laws to find employment and housing.”

“The Government was directly responsible for these profound injustices and now it must repair the damage, not only by erasing old records but by providing financial redress.”

“We call on Labor, the Greens and independents to amend the Government’s bill so there is justice for Tasmanians who were victims of our old laws.” 

Mr Croome dismissed the Government’s argument that those who successfully erase their record can apply for an ex gratia payment from the Treasurer and that no other state provides compensation.

“Those who have already gone through the trauma of applying to erase their criminal record should not have to go through another application process for a discretionary Government ‘gift’ they may or may not receive.”

“The fact Tasmania was the last state to repeal its former laws, and that those laws were the most draconian in the western world, leaves a legacy that is deeper and more recent than elsewhere and means Tasmania has a moral responsibility to blaze the path forward.”

In 1997 Tasmania became the last state to decriminalise sex between men. Until then, all sex between men, including private, consenting sex between men in relationships, carried a maximum penalty of 21 years in prison. Tasmania was the only state that penalised males wearing female clothing. That law was used to intimidate and persecute transgender women until its repeal in 2000. 

Groups that support financial redress include Tasmania’s Community Legal Services, the Tasmanian Council of Social Services and the Tasmanian Women’s Legal Service.

For a copy of this statement on the web, click here

For more information contact Rodney Croome on 0409 010 668.

FEDERAL ANTI-TRANS BILL CONDEMNED

“Tasmanians do not want to co-parent with politicians like Senator Antic.” – Rodney Croome

Equality Tasmania says a bill flagged by South Australian Senator, Alex Antic, banning gender affirming health care for young people will harm young trans people and infringe on parental rights.

Spokesperson, Rodney Croome, said,

“Study after study shows that gender affirming health care saves lives so a bill banning it will put lives at risk.”

“The bill also takes away the rights of parents to decide what is in the best interest of their child.”

“Tasmanians do not want to co-parent with politicians like Senator Antic.”

Senator Antic says the bill will prevent young people regretting gender transition and “de-transitioning”.

But Mr Croome said de-transition is often because of social hostility and discrimination fostered by people like Senator Antic, and that the number of people who de-transition is vanishingly small.

“Overwhelmingly, trans and gender people who have gender affirming care are happier, more fulfilled and go on to lead better lives.”

For a news report on Senator Antic’s Bill: https://www.theaustralian.com.au/nation/politics/liberal-senator-alex-antics-bill-to-ban-child-gender-therapy/news-story/c47995465d8d77ce446c210843aa8122

For this statement on the web, click here

For more information contact Rodney Croome on 0409 010 668.

LEGAL AND COMMUNITY GROUPS SUPPORT REDRESS FOR HISTORICAL GAY AND TRANS CONVICTIONS

Tasmanian community and legal groups have united in support of financial redress for those convicted under Tasmania’s former laws against homosexuality and cross-dressing.

The Tasmanian Council of Social Services, Tasmania’s Community Legal Services, the Tasmanian Women’s Legal Service and Equality Tasmania have all called for the reform “to rectify past injustice”

In an article in today’s Hobart Mercury the groups say,

“Those who fell foul of our old laws endured humiliation, shame, stigma, discrimination, pain and trauma. Some took their own lives, while others lived lives deeply scarred by what they had endured.”

“If the state is serious about making up for the cruelty it directly, knowingly and deliberately inflicted, it must provide financial redress.”

In 2020 an independent review of Tasmania’s 2017 laws allowing historic convictions for homosexuality and cross-dressing to be erased, made a number of recommendations including redress.

The State Government has accepted all the independent review’s recommendations except redress.

The Government says the Treasurer has the choice to make ex-gratia payments on application and that no other state offers redress.

But the groups in support of reform say redress should be automatic when a historic criminal record is successfully erased, not made after a further application process with an uncertain outcome. They believe Tasmania should lead the nation given it was the last state to decriminalise homosexuality and the only state to criminalise cross-dressing.

Tasmania decriminalised homosexuality in 1997. The law against cross-dressing, which was enforced against transgender women, was repealed in 2000. 

For a copy of this statement on the web, click here

For further information contact Rodney Croome on 0409 010 668

Assurance sought on conversion ban

Equality Tasmania wants an assurance from Premier Jeremy Rockliff and acting Attorney-General, Michael Ferguson, that a ban on conversion practices will still be introduced by the end of the year.

The group’s call comes in the wake of the resignation from parliament of former Attorney-General, Elise Archer, who was working on conversion legislation.

Equality Tasmania spokesperson, Rodney Croome, said, “We will write to the Premier and the acting Attorney-General asking for their assurance that the Government’s commitment to a conversion ban by the end of 2023 remains in place.”

“It has been a year and a half since the Tasmanian Law Reform Institute released its report calling for a conversion ban and the Premier committed to the reform.”

“Vulnerable LGBTIQA+ Tasmanians continue to be subject to the torture of conversion practices and the longer the State Government delays the more damage will be done.”

Mr Croome said other important reforms being pursued by Ms Archer should also not be delayed. They include reforms to legislation expunging convictions under the state’s former laws against homosexuality and cross-dressing, and reforms to the Sentencing Act allowing stronger penalties for hate-motivated crime against LGBTIQA+ people.

For more information contact Rodney Croome on 0409 010 668.

Advocates to push for gay conviction compensation as State Gov’t balks

Equality Tasmania has welcomed a State Government bill improving 2016 legislation that allows for historical gay and transgender criminal records to be expunged. But the group says the bill does not go far enough because it does not allow for compensation as recommended by the independent review that is the basis of the new bill.

The Government has released its Expungement of Historical Offences Bill that improves landmark legislation passed by the Hodgman Liberal Government in 2016.

The 2016 law allows for historical convictions under Tasmania’s former anti-gay and anti-cross-dressing laws to be expunged from the record, with the new law proposing that associated charges such as resisting arrest also be expunged. But a recommendation from an independent review of the 2016 law, that successful applicants for expungement receive a one-off payment in compensation, is not in the draft legislation.

Equality Tasmania spokesperson, Rodney Croome, said, “Gay and transgender Tasmanians convicted under our repressive former laws too often suffered involuntary outing, deep humiliation, and loss of employment, family and friends.”

“Many had no choice but to leave the state and some took their own lives leaving families traumatised forever.”

“It is only fair that one-off compensation is paid to those people who successfully apply for records to be expunged.”

“We will lobby both the Government and other parties and independents to ensure compensation is available to those our old laws treated so brutally.”

Mr Croome said there have been few if any successful applications under Tasmania’s expungement legislation.

“Another recommendation of the 2016 review was more promotion of the Tasmanian scheme so that those who would benefit from expunging their record know this option is available.”

“Many of those convicted under our former laws are quite old now so improvements to the law and better promotion of the law must occur as quickly as possible.”

The Government will conduct consultations on its bill until September 22nd.

For a news report on the independent review’s recommendation of compensation:https://www.starobserver.com.au/news/calls-to-compensate-tasmanians-convicted-under-historical-homosexuality-laws/198657

For a copy of the independent review (compensation is recommendation 13): https://www.justice.tas.gov.au/__data/assets/pdf_file/0003/592176/Final-Report-Expungement-of-Historical-Offences-Act-2017.pdf

For a copy of the new bill and notes: https://www.justice.tas.gov.au/community-consultation/consultations/expungement-of-historical-offences-amendment-bill-2023

For a copy of this statement on the web, click here

For more information contact Rodney Croome on 0409 010 668.

TASMANIA ADOPTS NEW AND INCLUSIVE REFERENCES TO INTERSEX PEOPLE

Advocates have welcomed amendments that update references to people with sex variations across existing Tasmanian laws and make those references more inclusive.

Intersex Peer Support Australia Tasmanian representative, Simone-lisa Anderson, said definitions relating to intersex people have been outdated and narrow.

“It is vital that people with sex variations can be sure of equal inclusion and protection across all laws that affect them.”

“I congratulate the Tasmanian Government for initiating this legislation and Upper House member, Meg Webb, for improving it.”

“I particularly thank the Government and Ms Webb for ensuring the voices of the intersex community were included in the consultation.”

The Government’s amendments updated the Anti-Discrimination Act, the Court Security Act, the Youth Justice Act and the Public Trustee Act. 

Ms Anderson said the Tasmanian Government has yet to protect infants with variations of sex characteristics from medically unnecessary, cosmetic, “normalising” surgeries.

“Now the Government has supported new and more inclusive terminology I urge it to move on to substantive legislation preventing harm to intersex children.”

“This legislation was recommended four years ago by the Tasmanian Law Reform Institute.”

“In that time the ACT has adopted laws protecting intersex infants but the same infants suffering harm in Tasmania still have no protection.”

For a copy of this statement on the web, click here

For more information contact Simone-lisa Anderson on 0456 032 088.

REVIEW TO HEAR CASE FOR TOUGHER HATE CRIME PENALTIES

Equality Tasmania has welcomed a review of Tasmania’s hate crime laws with a view to tougher penalties if crime is motivated by anti-LGBTIQA+ hate.

Currently, penalties for hate-motivated crimes can only be tougher if racial hatred is involved.

The Sentencing Board has proposed this be extended to include prejudice and hatred on the basis of sexuality, language, gender, age, disability or other attributes.

Equality Tasmania spokesperson, Rodney Croome, said,

“We welcome the review of sentencing for hate-motivated crime and will be making the case for why anti-LGBTIQA+ prejudice and hate should draw tougher penalties.”

“The harm inflicted by crimes against LGBTIQA+ people can be much worse when the motive for that crime is hatred.”

“At the moment, the fact only race hate draws tougher sentences sends the message that hate on the basis of sexual orientation, gender identity or sex characteristics is less serious and more acceptable.”

“It is vital that all forms of hatred are treated equally in the law.”

Mr Croome said the group will also be making the case for Tasmanian Police to have better training in identifying hate-motivated crime and better systems for recording it.

“There is not enough reliable data on hate crime in Tasmania and this is an opportunity to legislate so the Police have to collect that data”, he said.

Details of the review can be found here: https://www.justice.tas.gov.au/community-consultation/consultations/review-of-section-11b-of-the-sentencing-act-1997-by-the-sentencing-advisory-council

For as copy of this statement on the web, click here

For more information contact Rodney Croome on 0409 010 668.

EQUALITY TASMANIA WELCOMES NATION-LEADING ANTI-NAZI LAW

Hopes long history of Nazi attacks on state’s LGBTIQA+ community will end  

Equality Tasmania has welcomed the passage of an anti-Nazi law that is the best in the nation.

Equality Tasmania president, Rodney Croome, said,

“LGBTIQA+ Tasmanians have been subject to harassment from Nazi sympathisers using Nazi symbols at least since the 1970s.”

“Harassment using Nazi symbols escalated during Tasmania’s debate on decriminalising homosexuality in the 1990s, was seen in Tasmania during the marriage equality postal survey and has peaked again during recent increased attacks on trans and gender diverse people.”

“In the past, I and other Tasmanian LGBTIQA+ advocates have received swastikas in the mail together with threats and intimidation.”

“I’m hopeful we will now see an end to this kind of harassment.”

“We welcome Tasmania’s strong and comprehensive ban on Nazi symbols and thank the State Government for initiating it.”

The new law bans all Nazi symbols, including the Nazi salute.

There will be an exemption for Nazi symbols if used for genuine academic, artistic, religious, scientific, cultural, educational or law enforcement purposes; or for the purpose of opposing, or demonstrating against, fascism, Nazism or Neo-Nazism.

Mr Croome said he is confident this exemption will cover the use of the pink triangle by the LGBTIQA+ community.

Pink triangles were used to identify gay men in Nazi concentration camps and the symbol has since been appropriated by the LGBTIQA+ community to represent remembrance and empowerment.

During debate on the anti-Nazi bill, Labor’s LGBTIQA+ Equality spokesperson, Ella Haddad, asked if pink triangles would be exempt and Attorney-General, Elise Archer, confirmed they would be.

For more on Tasmania’s nation-leading laws against Nazi symbols:

https://www.themercury.com.au/news/tasmania/tasmanias-parliament-bans-nazi-symbols-in-nationleading-move/news-story/a02d336a302e571c3cc928d390f098ee

For a news report on Nazi attacks in Hobart during the marriage postal survey:

https://www.themercury.com.au/news/scales-of-justice/nazi-attack-on-university-of-tasmania-campus-condemned/news-story/e2809f0ce6c48b595ac8e200244cd6a6

For a copy of this statement on the web, click here

For more information contact Rodney Croome on 0409 010 668.

Protest sends pro-trans message to Hobart commuters

Forty people turned out in wet, cold and windy weather yesterday to protest an anti-transgender message on a billboard in Hobart’s northern suburbs.

For nearly a month the billboard sponsored by anti-transgender group, LGB Tasmania, has broadcast the message “Let Kids Be Kids” in opposition to gender-affirming care for young trans and gender diverse Tasmanians.

The protesters, who stood in front of the billboard at the Hobart showgrounds on the Brooker Highway in Glenorchy, held banners declaring “Let Trans Kids Be Trans Kids”, “Trans Lives Worth Fighting For” and “Unbroken”, with some commuters hitting their car horns in support.


Spokesperson for Equality Tasmanian which organised the protest, Olivia Hogarth, said,

“It was heartwarming to have so many people brave the wet and blustery conditions to join our action to support and stand in solidarity with trans and gender diverse Tasmanians. “

“As the 40 of us stood in front of the electronic billboard on the Brooker Hwy in Glenorchy, we were greeted by supportive car horns from people who supported our message ‘Let trans kids be trans kids’.”

Long-time Tasmanian tranasgender human rights advocate, Martine Delaney said,


“The rights of trans and gender diverse kids to exist is being undermined by misinformation campaigns. It’s vital they see their allies standing up for them, no matter how cruel the weather!”

From Monday the billboard was to carry trans-affirming messages sponsored by Equality Tasmania. These messages were to include “Let transgender kids be themselves” and “Save lives, Support transgender kids”.

However, overnight the billboard was vandalised with red paint and it is uncertain when Equality Tasmania’s messages will begin. 

The anti-trans message only had one more day to run. No-one has claimed responsibility for the vandalism. 

LGB Tasmania has said it will sponsor equivalent billboards in Launceston and Burnie. It is understood the same billboard will also appear in Sydney and Melbourne.

For a copy of this media alert on the internet, click here

For more information contact Martine Delaney on 0417 530 621 or Olivia Hogarth on 0415 372 193.

Tasmania urged to follow ACT on intersex surgery ban

Tasmanian advocates have called on the state to follow the ACT’s lead by banning unnecessary, non-consenting medical interventions on children with innate variations of sex characteristics.

Simone-lisa Anderson, the Tasmanian representative on Intersex Peer Support Australia, said,

“Today is a monumental day for human rights protections.”

“The ACT government has passed legislation to protect people with innate variations of sex characteristics. This legislation is accompanied by funding for necessary psychosocial supports for both families and children.”

“This was a commitment made to Intersex Human Rights Australia and Intersex Peer Support Australia in 2018 and implements recommendations from the 2021 report from the Australian Human Rights Commission.”

“In 2019 the Tasmanian Law Reform Institute made similar recommendations to the Tasmanian Government, yet there is still no action from our state government. There are still no protections for a community that is too-rarely acknowledged or supported in Tasmania.”

“As the Tasmanian representative on IPSA, I congratulate the ACT and urge the Tasmanian Government to act as soon as possible.”

“This reform is needed to support health and wellbeing in our community.”

More from the ACT: here

For this statement on the net: here
For more information contact Simone-lisa Anderson on 0456 032 088.