NSW joins Victoria in announcing plans to erase historic gay sex convictions

The NSW Government will join Victoria in erasing the criminal records of men who were convicted for having consensual sex in the past when homosexuality was illegal.

Following the Victorian Government’s announcement, NSW Coalition MP Bruce Notley-Smith has given notice of a similar Bill in the NSW parliament.

The Human Rights Law Centre’s Director of Advocacy & Strategic Litigation, Anna Brown, has been providing legal assistance to men who have been unfairly burdened by unjust criminal records for outdated crimes, has warmly welcomed the dual announcements.

“Acknowledging these laws were wrong and legislating to abolish the left-over convictions will start to heal the harm that these discriminatory laws have caused. Sex between consenting adults should never have been criminalised,” said Ms Brown.

Ms Brown said it was extremely pleasing to see the NSW and Victorian Government showing leadership on this issue.

“Having these manifestly unjust convictions erased will help end the stigma, shame and practical difficulties they have inflicted for decades,” said Ms Brown.

Until 1984 in NSW, gay men were convicted and even imprisoned for offences ranging from “the abominable crime of buggery” and “gross indecency between male persons” to summary offences dealing with offensive or indecent behaviour.

Today, unknown numbers of men (and possibly women) live with the shame, stigma and barriers to work, volunteer and travel caused by a criminal conviction for conduct that is lawful today.

One NSW man affected by a historical conviction and client of the Human Rights Law Centre is Tim*. When Tim applied for a job, he had to get a police check and was horrified to see an undated “indecent assault” conviction listed and withdrew his job application.

Tim is immensely relieved that the black cloud he has been living under has finally been lifted. 

“I don’t see what I did as any different to a couple that goes car-parking, like on Happy Days, but I’ve been punished for what I did for decades. I would feel closure to a horrible experience in my past and finally able to move forward without the anxiety of thinking that my conviction could be disclosed,” said Tim. 

Click here for a detailed statement from HRLC client “Tim” 

*Not his real name.

For further queries or comment please contact:
Anna Brown, Director of Advocacy & Strategic Litigation on 0422 235 552 (anna.brown@hrlc.org.au)