SA makes process simpler to remove historical homosexual convictions

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To recognise this, last year SA Parliament made changes to make it easier for people convicted of this outdated offence to apply to have it wiped from their criminal records, known as spending a conviction.

South Australian laws have allowed people to remove homosexual activity convictions from their criminal record since 2013. The difference is the new laws mean 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

Thanks to Vickie Chapman MPHon Michelle Lensink MLC, Department of Human Services SA and Attorney-General’s Department SA for their work supporting this legislative reform. We look forward to further reforms to advance LGBTIQA+ equality under South Australian law soon!

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