- $15,000 for charge, $45,000 for conviction, $75,000 for fines or gaol time

- Other states urged to follow Tas leader

- Tas scheme sets precedent  

 

 

Tasmanians who were convicted under the state’s former laws against homosexuality or cross-dressing will be eligible for financial redress to a maximum of $75,000.

 

The Tasmanian Upper House today unanimously agreed to Government legislation allowing redress that is for the first of its kind in the nation. 

 

Equality Tasmania spokesperson, Rodney Croome, said,

 

“Victims of our former laws faced forced outing, public humiliation, loss of employment, exclusion from family, gaol time, cruel psychiatric 'treatment', exile interstate or took their own lives. “

 

“This reform will provide victims with financial redress for their trauma as well as knowledge the state that once persecuted them now cares about what happened to them.”

 

Tasmania was the last state to decriminalise homosexuality (i1997) and the only state to criminalise cross-dressing (until 2001) but since then has adopted the nation’s most progressive LGBTIQA human rights laws.

 

“Financial redress is evidence of how profoundly Tasmania has changed for the better in the last quarter century and shows we are not going back.” 

 

Those charged will receive $15,000, those convicted $45,000 and those punished $75,000. All payments will be automatic upon the successful application for a historic criminal record to be expunged.

 

Mr Croome said,

 

“This is not just a new law, but a new type of law. There is no other LGBTIQA redress law in Australia.”

 

“We call on other states and territories to follow Tasmania’s lead on this important reform.”

 

“We also call for redress to be offered for other examples of systemic discrimination against LGBTIQA people, including the discharge of military service personal in decades past simply because they were gay, lesbian, bisexual or transgender.”

 

The Government will now consider payments to families of deceased victims and the possibility of individualised redress assessment. 

 

Mr Croome said it is important financial redress passed as quickly as possible given the advanced age of the men who will benefit from redress. 

 

“It is also vital the State Government advertise the availability of financial redress as widely as possible so those who can benefit from it are aware of it.”

 

“We will work closely with the Government to ensure this occurs.”

 

The final stage of the debate, the Third Reading, is expected tomorrow at 11am. It is considered a techicality. 

 

Mr Croome said credit for the success of this pioneering undertaking goes to a number of people: Taya Ketelaar-Jones and Melanie Bartlett who recommended it in their independent review of existing expungement legislation five years ago; the Greens for putting this recommendation into legislative form and introducing it, especially Rosalie Woodruff and Thomas Whitton; Ruth Forrest and the Gender and Equality Committee for recommending what the amounts should be; Prof Paula Gerber for her important contribution to that Committee’s deliberations; the State Liberal Government, Department of Justice and Attorney-General, Guy Barnett, for ensuring all this work made it into the final legislation; and the tireless advocacy for reform from Shadow Attorney-General, Ella Haddad, and the Labor Party, and independents across the political spectrum.

 

“Pioneering law reform is never the work of one or two people alone. As this reform shows, the best laws spring from many expert and dedicated minds working together”, Mr Croome said.

 

For a copy of this statement on the web, click here