Current and former Australian Defence Force (ADF) personnel can now apply to have historical convictions relating to consensual same-sex conduct extinguished from their service records.
Until 1992, consensual homosexual activity could be prosecuted as a service offence under Australian military discipline law. While such conduct has long since been decriminalised, some people continue to carry the burden of convictions appearing on their service records for consensual same-sex activity that occurred before the law changed.
To address the ongoing harm caused by these historical convictions, the Defence Force Discipline Act 1982 (Cth) was recently amended to allow eligible individuals to apply to have convictions for consensual same-sex activity formally extinguished. Once extinguished, the conviction is treated as though it never occurred.
Today, Minister for Veterans’ Affairs and Defence Personnel Matt Keogh officially announced the application process for those affected by the former policy.
“The extinguishment of historical homosexual service convictions for current or former serving defence personnel is an important step in righting a historical wrong. This has been a long time coming.
“We have always been proud of those who serve our nation.
“These changes will enable impacted personnel to have their proud service accurately reflected in their official service records as well.
“These new laws are a restorative legal change to help lessen the detriment and stigma of former homophobic attitudes and practices reflected in such convictions.”
Any person with a conviction for a historical homosexual service offence, their representative, or a person with a special interest in the conviction may apply under the scheme. Family members of deceased veterans may also apply on behalf of their loved ones.
Former Defence personnel who believe they were administratively separated due to discriminatory Defence policies may seek a review of their separation and have their records updated.
The Government has also agreed to issue a formal apology acknowledging the harm experienced by LGBTIQA+ personnel and veterans as a result of historical discriminatory policies. The apology is expected to be delivered later this year.
To learn more or apply, visit: https://www.defence.gov.au/about/governance/military-justice-system
