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Tasmania鈥檚 Gender and Equality Committee has recommended that individuals with historic homosexuality convictions under the state’s former laws should receive financial redress of up to $75,000.

The proposal, which has been endorsed by members of all political parties, aims to provide justice for those affected by historical injustices which saw the criminalisation of homosexuality and cross-dressing,

Under the committee鈥檚 recommendations, those who were charged but not convicted would receive $15,000, those with historic homosexuality convictions would receive $45,000, and individuals who were imprisoned or subjected to punitive measures, including court-ordered conversion practices, would receive $75,000.

The payments would be granted automatically upon the expungement of a relevant criminal record.

Equality Tasmania spokesperson Rodney Croome welcomed the recommendation, urging the Tasmanian Government to adopt the proposal as a step towards healing.

鈥淧eople convicted under Tasmania鈥檚 former laws often lost their jobs and their families; suffered discrimination, ostracism, fines, and gaol time, and endured the stigma of a criminal record for decades,鈥� he said. 鈥淭he financial redress recommended by the Gender and Equality Committee will provide some recompense for those who suffered under our former laws, send them the message the state is truly sorry for what it inflicted on them, and help them heal.鈥�

Labor puts support behind recommendations to support victims of historic homosexuality convictions in Tasmania

There is strong support from Tasmanian Labor, with Labor鈥檚 Shadow Attorney-General and Shadow Minister for Equality, Ella Haddad, welcoming the recommendations. 鈥淚t鈥檚 a sad period of Tasmania鈥檚 history that saw people charged with crimes simply for being in a relationship with someone of the same sex,鈥� she said. 鈥淢any of them lost their jobs, livelihoods, and loved ones as a result of homosexuality being a crime, and have lived for decades with the shame of this. They deserve justice.鈥�

Haddad called on the government to act swiftly in implementing the recommendations. 鈥淲e encourage the government to act swiftly to implement this recommendation that ex gratia payments be made available to people who have these historic convictions expunged鈥攊t鈥檚 the right thing to do.鈥�

In 2017, Tasmania introduced legislation allowing individuals convicted under these former laws to apply for the expungement of their records. Then-Premier Will Hodgman issued an apology at the time, acknowledging that homosexuality and cross-dressing should never have been criminalised. While an independent review in 2020 recommended financial redress, the government has so far not acted on the proposal.

The committee鈥檚 rejection of the government鈥檚 previous offer of up to $5,000 as 鈥渕anifestly inadequate鈥� marks a shift towards greater recognition of the harm inflicted by these laws. With no successful applications for expungement thus far, the financial impact of implementing the proposed redress is expected to be minimal.

Calls for other states & territories in Australia to follow

Tasmania was the last Australian state to decriminalise homosexuality in 1997 and remained the only state to criminalise cross-dressing until 2000. With penalties including up to 21 years in prison, the state鈥檚 anti-LGBTQIA+ laws were among the harshest in the Western world.

If the recommendations were adopted, Tasmania would become the first Australian state to offer financial compensation for historic gay and cross-dressing convictions, setting a precedent for addressing past injustices against the LGBTQIA+ community.

Professor Paula Gerber from Monash University, who provided evidence to the inquiry, praised the committee鈥檚 decision. 鈥淭here is a saying that: 鈥楾here should be no wrong without a remedy,鈥欌�� she said. 鈥淭he proposed tiered amounts of compensation reflect the degree of harm suffered by persons who were subjected to the heinous laws criminalising same-sex sexual conduct, and I commend the Committee for their comprehensive review and their commitment to righting this wrong.鈥�

Gerber also called on other Australian states and territories to follow Tasmania鈥檚 example. 鈥淎s the first state in Australia to address the issue of redress for men persecuted under the laws criminalising same-sex sexual conduct, Tasmania has provided valuable guidance on how these historic wrongs can be addressed with compassion and respect,鈥� she said.