Weekend Times


The Times

Business News

Tasmania will compensate people for historical LGBTQIA+ convictions. Could others follow suit?

  • Written by Nicole L. Asquith, Professor, University of Tasmania, Queensland University of Technology

In the coming week, the Tasmanian parliament will consider two[1] bills[2] that will cement Tasmania as the Rainbow Isle.

The laws, which have bipartisan support, will provide compensation for those historically convicted of homosexuality and cross-dressing offences. They also expand hate crime provisions to LGBTQIA+ people.

This is nation-leading reform to enforce the rights of LGBTQIA+ people. Tasmania is the first jurisdiction in the country to offer compensation for those affected by these now-abolished crimes.

This is especially significant given the state’s fraught history of criminalising homosexuality and cross-dressing up until the end of the last century.

The redress scheme comes after Australia-first gender recognition laws in 2019, and the official recognition of asexual and agender people in all of the Tasmanian government’s activities with community since 2023.

The government is also pursuing sentencing reforms[3] to give judges the power to impose tougher sentences for hate crimes against LGBTQIA+ people (and others). These changes go beyond those in other states by allowing courts to take “demonstrated hostility” into account.

A violent, traumatic history

Tasmania has not always been a leader in advocating for the rights of LGBTQIA+ people.

By 1990, most Australian states had decriminalised homosexuality[4], with South Australia leading the change in 1975.

But it was not until 1997, under significant national and international pressure, that Tasmania decriminalised male same-sex relationships. Same-sex relationships between women were never criminalised.

Before 1997, relationships between men in Tasmania were punishable by up to 21 years in prison, which was the harshest penalty in the western world. Tasmania was also the only Australian state to criminalise cross dressing[5].

It’s estimated approximately 100 men were convicted[6] for “unnatural sexual intercourse” and “gross indecency” between 1945 and the mid-1980s.

In 1991, the Australian government had signed onto the International Covenant on Civil and Political Rights. This enabled people to submit complaints about rights violations in their home countries to the United Nations Human Rights Council.

Tasmanian man Rodney Croome, along with his partner at the time, Nick Toonen, submitted the first Australian complaint[7] to the commission in 1994. Their local efforts to change Tasmania’s punitive laws on male same-sex relationships had been unsuccessful.

In Toonen vs Tasmania[8], the commission found the state of Tasmania had violated his right to privacy and distinguished between people on the basis of sexual activity, sexual orientation and identity. Both these things meant gay men were not equal under the law.

This paved the way for the landmark federal Human Rights (Sexual Conduct) Act[9], which overrode the Tasmanian law criminalising homosexuality.

A High Court ruling in Croome vs Tasmania[10] followed. It found the Commonwealth government had the power under an international treaty to enact legislation decriminalising homosexual acts in Tasmania.

The United Nations case also mandated anti-LGBTQIA+ discrimination laws, which set an international precedent for the decriminalisation of same-sex relationships across the world.

A rainbow transformation

As the current legislation was tabled in parliament, advocacy group Equality Tasmania[11] noted that many victims of the state’s former laws suffered loss of employment, housing, family and friends.

Many left the state forever. All lived with the trauma of public ignominy and criminal stigma. Some still do.

According to legal scholar Allen George[12], the homosexual and cross dressing expungement laws offer a form of “therapeutic justice”.

Therapeutic justice[13] is justice that considers not just the law, but the social conditions as well, especially those that affect the wellbeing of victims.

While there is no compensation adequate for the harms caused by the now-abolished laws, advocates say[14] the redress scheme will help make up for the pain and loss victims experienced, and:

send a message that the Tasmanian government is taking responsibility for the injustice its predecessors inflicted.

Croome, who is now a LGBTQIA+ rights activist, says Tasmania has been transformed from “Bigots Island to the Rainbow Isle[15]”.

Victim-survivors can have their charges, convictions or both expunged under existing legislation, and will automatically receive a payment.

They will be eligible for $15,000 for a charge, $45,000 for a conviction, and $75,000 if they were sentenced to detention or psychiatric care.

These amounts were supported by expert advice to a 2024 inquiry[16] by the Tasmanian parliament’s Gender and Equality Committee after it reviewed similar schemes in Europe and Canada.

Could other states follow?

This redress for past harms could lead to similar law reform across Australia.

Other states and territories are likely to consider following Tasmania’s lead and enact redress schemes for those arrested under their former anti-gay laws.

The Commonwealth may also consider redress for harms inflicted in the past.

Read more: An inquiry has recommended Australia legislate a Human Rights Act. Here's why we need one[17]

The Tasmanian reform may also initiate an overdue debate in Australia about how we as a nation respond to past injustices and work towards the prevention of human rights violations.

This case highlights the patchwork of inconsistent LGBTQIA+ rights across the country. This inconsistency may only be resolved by a comprehensive, national Bill of Rights or Human Rights Act[18].

This broader agenda will extend Australian governments’ consideration of the human rights of all Australians.

The authors would like to thank Rodney Croome for his insights and knowledge of historical and contemporary LGBTQIA+ law reform

References

  1. ^ two (www.premier.tas.gov.au)
  2. ^ bills (www.premier.tas.gov.au)
  3. ^ sentencing reforms (www.premier.tas.gov.au)
  4. ^ decriminalised homosexuality (www.alga.org.au)
  5. ^ criminalise cross dressing (www.mup.com.au)
  6. ^ 100 men were convicted (www.justice.tas.gov.au)
  7. ^ first Australian complaint (classic.austlii.edu.au)
  8. ^ Toonen vs Tasmania (hrlibrary.umn.edu)
  9. ^ Human Rights (Sexual Conduct) Act (www.legislation.gov.au)
  10. ^ Croome vs Tasmania (jade.io)
  11. ^ Equality Tasmania (ymlp.com)
  12. ^ Allen George (www.crimejusticejournal.com)
  13. ^ Therapeutic justice (aija.org.au)
  14. ^ advocates say (ymlp.com)
  15. ^ Bigots Island to the Rainbow Isle (www.humanrights.unsw.edu.au)
  16. ^ 2024 inquiry (www.parliament.tas.gov.au)
  17. ^ An inquiry has recommended Australia legislate a Human Rights Act. Here's why we need one (theconversation.com)
  18. ^ Human Rights Act (theconversation.com)

Authors: Nicole L. Asquith, Professor, University of Tasmania, Queensland University of Technology

Read more https://theconversation.com/tasmania-will-compensate-people-for-historical-lgbtqia-convictions-could-others-follow-suit-265956

The Weekend Times Magazine

Dark Mode Emails: How to Design for Visibility and Impact

Image by DC Studio on Freepik With dark mode rolling out on various devices and email service providers, the need for emails to render correctly and legibly is vital. Dark mode...

Farmers Calling on Aussies and Restaurateurs to Help Save the Sydney Rock Oyster

The future of Sydney Rock Oyster farming in NSW is under extreme threat and a group of NSW farmers are urging restaurateurs and chefs to support the native Australian Sydney...

The Future of the Sales Handoff: From AI SDR to Human Closer

Artificial intelligence is altering the sales process at lightning speed. For many firms, AI is their Sales Development Representative. This class of SDRs completes the initial stage of the sales...

The Role of Headless CMS in Modern Digital Architecture

With a constantly evolving digital architecture landscape, firms are continuously searching for novel avenues that guarantee nimbleness, flexibility, and scalability. A headless CMS sits front and center as one of...

Who Can Install A Private Power Pole?

Private power poles provide property owners with the freedom to choose where electricity will enter the building. It also offers protection from hazards associated with being directly connected to the...

Meet Untamed Natural Beauty! Breathtaking Journeys Await You in Komodo Island

Designed by Freepik Komodo Island, part of Indonesia’s Komodo National Park, offers a truly remarkable escape into nature. Known for its rugged beauty, pristine beaches, crystal-clear waters, and unique wildlife, it...

Sydney Residents: Options for a Weekend Away Short Break

Living in Sydney offers an enviable lifestyle, but even the most iconic city in Australia can feel hectic at times. Whether it’s the daily commute, a fast-paced work schedule, or...

The Most Popular Tattoo Placements (and Why)

Choosing where to place your tattoo is almost as important as choosing the artwork itself. Placement affects how a tattoo looks, how it heals, how visible it is in day-to-day...

5 Things You Must Do in Australia

If you are setting sights on Australia as your next holiday destination this year, then you are about to embark on a life-changing adventure. The country offers an exciting and...

hacklink hack forum hacklink film izle hacklink online casinos australiapornoonline casino australiaDeneme bonusu veren siteler 2026Grandpashabetbetgarantijojobetmeritkingsahabetcasibomjojobetsbobetholiganbetcasibomlunabetvaycasinolimanbetjojobet