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Tasmania to undo homophobic convictions of the past
Last week, the Tasmanian Parliament apologised for the pain suffered by the LGBTQI community under the state’s former laws for the criminalisation of homosexuality.
Jerome Doraisamy
The state government commenced the process of remedial legislation, which will provide a way for people convicted under unjust laws of the past to have those charges removed from their criminal records.
“It’s hard for us not in that situation to imagine what it would feel like to have a criminal record for something that today is lawful. This bill seeks to rectify that.”
Human Rights Law Centre lawyer Lee Carnie said the acknowledgement of the injustice of Tasmania’s old laws, together with the new scheme and legislation, would have a practical impact on the lives of many people.
“Sex between consenting adults should never have been criminalized,” she said.
“This scheme will help repair the harm caused by these unjust laws and send a clear message to lesbian, gay, bisexual and transgender people that they are valued members of the community.”
Tasmania was the last Australian state to carry out the death penalty for sodomy in 1867, and in the hundred subsequent years, had the highest rate of imprisonment for private consenting male sex anywhere in the world.
Until 1997, LGBQI people were charged and convicted of offenses ranging from sodomy and gross indecency to crossdressing.
The human toll of such laws shouldn’t be underestimated, Ms Carnie said.
“Convictions for homosexual offences have restricted employment, volunteering and travel opportunities for decades,” she said.
”More fundamentally, these convictions have been a source of ongoing grief and deep personal shame for the individuals affected. The opportunity to have their criminal records cleared will be welcome.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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