Australia Greenlights First LGBTIQ+ Redress Scheme, Though Not All May Benefit

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Tasmania has officially approved a nation-first compensation scheme for people previously convicted of homosexuality offences, with advocates calling on other jurisdictions to implement similar measures.

The state government unanimously supported the financial redress scheme on Thursday, which will enable victims of the discriminatory laws to seek payment for past charges and convictions.

Tasmania’s Attorney-General Guy Barnett said in a statement on Thursday: “We are committed to helping Tasmanians deal with the challenges that they face with compassion and common sense.”

Tasmania in 1997 became the final Australian jurisdiction to decriminalise homosexuality, but it remained illegal to “cross-dress” in the state until 2001.

In 2017, the state government took a significant step by issuing an apology for the historical criminalisation of individuals based on their sexuality. This apology was accompanied by the introduction of legislation to erase previous offences from records.

People who were charged under the historic laws are eligible to receive $15,000; those who were convicted, $45,000; and those who were fined or jailed, $75,000.

Equality Tasmania spokesperson Rodney Croome told SBS News those who were convicted under the state’s old laws suffered “immense pain and trauma”, with some even compelled to leave the state.

“They often were involuntarily outed, lost their jobs, and were excluded from their families. They may have lost their relationships. Many were exiled interstate. Some of them took their own lives,” he said.

Although those affected are no longer deemed criminals, the government is now offering compensation as an additional measure. According to Croome, this move serves as an acknowledgment of the “pain” these outdated laws inflicted.

But Greens MP Rosalie Woodruff said there is still more work to be done to ensure the safety and inclusion of the LGBTIQ+ community.

“This includes prohibiting practices aimed at ‘converting’ sexual orientation or gender identity, as well as providing protection against hate crimes,” stated Croome in a press release on Thursday.

Expressing a sense of regret, Croome remarked, “I am saddened that some individuals who rightfully deserve this financial compensation will not receive it because they are no longer with us.”

Croome said an independent review estimated there were around 100 arrests of gay men and trans women under the old laws from the 1960s through to the 1980s.

“In instances where LGBTIQ+ communities have faced systematic and harmful persecution solely for their identity, it is crucial to consider both an apology and financial restitution,” he added.

While many of the victims have since died, the compensation will “mean an awful lot” to others, he said.

“There won’t be a lot of applications for this financial address,” he said.

“It will mean a step towards healing, and it will show them that in today’s society, people do care about what happened to them.”

Croome urged other states and territories to follow Tasmania’s lead in establishing the redress scheme.

“It’s not just the victims of the old Tasmanian laws who deserve address. It’s victims of the similar laws right across Australia.

“Wherever there has been systemic and destructive persecution of LGBTIQ+ people, simply because of who we are, there needs to be consideration of an apology and of financial redress.”

Equality Australia CEO Anna Brown said Tasmania had taken an “important step” towards justice.

“These convictions cost people their jobs, families and communities. While financial redress cannot repair the harm caused by these unjust laws, it can start to compensate them materially for their loss. It also sends a powerful message that the government is taking responsibility for the state’s role in their suffering.”

Brown echoed Croome’s calls for other states and territories to deliver similar redress schemes while some of those affected were “still here to see justice done”.

“Time is running out for many who lived through these injustices.”

LGBTIQ+ Australians seeking support with mental health can contact QLife on 1800 184 527 or visit qlife.org.au. ReachOut.com also has a list of support services.

Intersex Australians seeking support can visit Intersex Peer Support Australia at isupport.org.au.