The Tasmanian Government has ignored calls to provide financial redress for people convicted under the state’s former laws against homosexuality and cross-dressing, prompting Equality Tasmania to say it will seek a redress provision when the bill is debated.
The Government today introduced a bill updating 2017 legislation that allows people convicted under Tasmania’s former laws against homosexuality and cross-dressing to erase (a.k.a. expunge) their criminal record.
The bill implements almost all the recommendations of the 2020 Independent Review of the 2017 legislation, including expanding the scope of the erasable crimes, but ignores the Review’s recommendation for a financial redress.
Equality Tasmania spokesperson, Rodney Croome, said,
“LGBTIQA+ Tasmanians arrested under our old laws, endured gaol, fines, loss of jobs, stigma, discrimination and trauma.”
“It is only fair they should have financial redress for the financial disadvantage and emotional pain they experienced.”
“We will seek an amendment to this bill to ensure financial justice for those who were charged and convicted under our old laws just because of who they were.”
The Government has previously said those who successfully apply to erase a criminal record can then apply to the Treasurer for an ex gratia payment.
But Mr Croome said,
“People who have already successfully applied to have their record erased shouldn’t have to apply again, and redress should not be a gift from the Government but a right of victims.”
The Government has also noted no other state offers redress.
“Tasmania has a responsibility to lead the nation on this reform because we were the last state to decriminalise homosexuality and the only state to criminalise cross-dressing, with both laws leaving a terrible legacy”, Mr Croome said.
“Redress is offered in a number of other countries including Germany, France and the UK.”
Equality Tasmania welcomed the Government’s decision to act on the Independent Review’s other recommendations, including expanding the scope of erasable crimes to include crimes, such as resisting arrest, which would not have occurred had arrests not been made on the basis of homosexuality or cross-dressing.
For a copy of the 2020 Independent Review:
For this statement on the web, click here
For more information contact Rodney Croome on 0409 010 668.
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Guy Barnett, Attorney-General and Minister for Justice
1 August 2024
Improving the operation of the expungement of historical offences scheme
The Tasmanian Government has today tabled its Bill amending the Expungement of Historical Offences Act 2017.
Attorney-General and Minister for Justice, Guy Barnett, said the amendments would provide better support to affected persons and clarify the law in relation to expungement of relevant and appropriate historical convictions.
“We’ve acted on the recommendations of the Independent Review of Expungement of Historical Offences Act 2017 undertaken by Ms Melanie Bartlett and Ms Taya Ketelaar-Jones in 2020,” the Attorney-General said.
“We’re expanding the scheme to provide that related offences are also eligible for expungement, further supporting a victim-centred approach to investigations, improving measures to support effective record disposal and confidentiality of records for all parties, including specifically exempting applications, investigation material and determinations from the Right to Information Act 2009.
“The Expungement of Historical Offences Act 2017 provides a scheme to enable charges and convictions for historical offences to be expunged.
“It also allows a person charged with a historical offence to make a confidential application to the Secretary of the Department of Justice to have a relevant charge or conviction removed from their criminal record.
“I am incredibly proud of contemporary Tasmania and who we are today, and as we continue to deliver our 2030 Strong Plan for Tasmania’s Future, I want to see it continue to succeed.”
The Tasmanian Government introduced the expungement scheme as an important step forward in addressing previous laws that were unfair and unjust for many people in the community who endured disadvantage, discrimination and stigma.
The Bill tabled today contains important changes to improve the operation of the Scheme and the Government will continue to update the legislation where necessary to ensure it is consistent with our community’s expectations and contemporary legislative processes.