Premium Content:

WA Will Not Join VIC in Quashing Gay Convictions

MischinMichael

After Victoria abolished the convictions of gay men for consensual same sex acts prior to the decriminalization of homosexuality, activists called on politicians nationwide to follow suit.

- Advertisement -

In January, after the bill had been introduced, OUTinPerth asked WA’s Attorney General Michael Mischin whether Western Australia had any plans to take on similar legislation. A spokesperson for the Attorney General stated that the state had no such plans.

The Attorney General’s spokespersons highlighted; “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”.

Last week, when Victoria passed its legislation, Greens Member for the South Metropolitan Region Lynn MacLaren called on WA’s Attorney General to reconsider the matter.

“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.” MacLaren said.

OUTinPerth contacted Attorney General Mischin’s office for comment, and he replied that legally quashing past homosexual convictions was “probably unnecessary”:

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

“Blanket legislation to ‘erase’ such convictions is not practical and probably unnecessary. It was the policy in Western Australia, for many years before the decriminalisation of homosexual conduct, not to prosecute so-called homosexual offences if the parties were adults exercising informed consent. The description of the offence specified on a criminal record would not necessarily reflect the circumstances in which it was committed, and each conviction would need to be considered on a case-by-case basis to see if it were appropriate to be expunged.”

Sophie Joske

Latest

As Tasmanians head to the polls politicians urged to take action on conversion therapy

Equality Tasmania says prohibiting conversion practices is an urgent...

‘Materialists’ is a stylish examination of love’s value in a transactional world

When it comes to modern romance, what's more valuable: advantageous compatibility or genuine, messy connection?

Pet Shop Boys release track dedicated to Alexei Navalny

Singer Neil Tennant has spoken about the band's opposition to the Putin regime.

On This Gay Day | The Pulse massacre took place in Florida

In 2016 tragedy struck The Pulse nightclub when lone gunman carried out a terrorist attack

Newsletter

Don't miss

As Tasmanians head to the polls politicians urged to take action on conversion therapy

Equality Tasmania says prohibiting conversion practices is an urgent...

‘Materialists’ is a stylish examination of love’s value in a transactional world

When it comes to modern romance, what's more valuable: advantageous compatibility or genuine, messy connection?

Pet Shop Boys release track dedicated to Alexei Navalny

Singer Neil Tennant has spoken about the band's opposition to the Putin regime.

On This Gay Day | The Pulse massacre took place in Florida

In 2016 tragedy struck The Pulse nightclub when lone gunman carried out a terrorist attack

G Flip says their new track is the ‘queerest’ song they’ve ever written

Big Ol' Hammer is their new tune and it comes with a fun video.

As Tasmanians head to the polls politicians urged to take action on conversion therapy

Equality Tasmania says prohibiting conversion practices is an urgent priority for the state and is seeking an election commitment from all parties to enact...

‘Materialists’ is a stylish examination of love’s value in a transactional world

When it comes to modern romance, what's more valuable: advantageous compatibility or genuine, messy connection?

Pet Shop Boys release track dedicated to Alexei Navalny

Singer Neil Tennant has spoken about the band's opposition to the Putin regime.