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Call For Nationwide Abolition of Historic Gay Convictions

Court Gavel Law

After Victoria became the first state to abolish past convictions of men charged with homosexual sexual conduct on Tuesday night, there has been a push from human rights activists for other states to do the same.

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Alex Greenwich, Independent Member for Sydney welcomed Victoria’s Criminal Record Amendment (Historic Homosexual Offences) Bill, saying:

“What better way to mark the 30th anniversary of decriminalisation, then passing legislation that says the gay community should have never been criminalised in the first place”

“For 30 years many men have had the unfair burden of criminal convictions for being who they are and loving who they love. This bill rights that historic wrong” .

Greens LGBTI spokesperson Sarah Hanson-Young urged MPs in other states to follow suit, and congratulated the community on achieving the legal victory in a statement.

“These convictions were always discriminatory and wrong,” Senator Hanson-Young said.

“The road to equality is long and, while we still have some way to go, it’s important to recognise this significant step forwards.”

In January, OUTinPerth asked WA’s Attorney General Michael Mischin if Western Australia had plans to abolish past convictions of homosexuality.

WA has no current plans for such legislation, however under the Spent Convictions Act 1988 (WA), a person can apply to have an offence deemed “spent,” making it illegal for a person to be discriminated against in any way in relation to a conviction that has been “spent”.” he replied.

Lynn MacLaren, Greens Member for the South Metropolitan Region called for the Attorney General to take another look at the issue.

“I suggest he reconsider.

“As I have said before, there is no doubt that legislation should be introduced in this state to remove stigma and end a chapter for older gay men in Western Australia who were unfairly punished for being gay.

“In Western Australia the LGBTI community are continuously campaigning for equality on multiple fronts. I certainly believe it is time that those once unfairly condemned for having consensual gay sex have their convictions expunged. It is fair to remove unjust convictions that promoted prejudice and hate; these men deserve a clean slate.”

Attorney General Michael Mischin has been contacted for comment.


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