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New laws make it easier for people convicted under outdated laws criminalising homosexuality to apply to offences wiped from their criminal record.
As recently as 1975, homosexual activity between men was a crime in South Australia.
Today we know that homosexuality never should have been a crime.
To recognise this, SA Parliament made changes in 2020 to make it easier for people convicted of this outdated offence to apply to have it wiped from their criminal records, known as spending a conviction.
About the changes
South Australian laws have allowed people to remove homosexual activity convictions from their criminal record since 2013.
In 2020, changes were made so that a Magistrate can no longer take the person’s other criminal history into consideration. The main consideration is now whether or not the conduct still constitutes an offence.
The SA Government have recently released information for LGBTIQA+ communities on the new process to remove homosexual activity convictions from their criminal record.
You can find a fact sheet and an easy read guide explaining the new process on the SA Government website at the bottom of this webpage.
If you need help to have a conviction removed, contact the Legal Services Commission of South Australia on 1300 366 424.
If you need emotional support during the process, contact either:
• Rainbow Hub Powered by COTA SA, phone (08) 8232 0422
• QLife Australia, phone 1800 184 527 (3pm to midnight daily)
• Lifeline, phone 13 11 14
Our advocacy
We've long called for the South Australian Government to redress historical wrongs caused by remaining convictions for consensual same-sex activity.
In 2016 we wrote to then Premier The Hon Jay Weatherill with our friends at Human Rights Law Centre to commend the South Australian Government on being the first state to introduce laws aimed at redressing historical wrongs caused by remaining convictions for consensual same-sex activity.
However, we called for the scheme to be broadened to include the full range of offences used to persecute LGBTIQ people, to achieve 'expungement' rather than spending a conviction, and to be accessible, confidential and more sensitive to the needs of LGBTIQ people who have suffered trauma.