SOME issues are far too important to relegate to the "too hard" basket, regardless of how complicated overcoming them may appear. Stripping away stigmatisation, disadvantage and prejudice endured by individuals systematically persecuted under discriminatory laws deserves immediate attention and urgent action. It has been 17 years since homosexuality was formally decriminalised in Tasmania, yet some men remain haunted by their records of gay "crimes". Men were still being arrested and fined for having consensual sex with other men in private as late as the mid-1980s, with offences such as "unnatural sexual intercourse" and "indecent practice between male persons" finally struck from the books more than a decade later. But while the threat of future prosecution was gone, no provisions were put in place to annul existing convictions. The pervasive, lasting legacy of criminal records and public documents connected to these actions remained, even after the threat of further convictions was removed. Employment prospects, applications to work with vulnerable people and ambitions to travel internationally have been adversely impacted by the now-defunct convictions. There is limited information available about the number of convictions prosecuted under the historic laws, or which actions they ensnared. According to police records, about 100 Tasmanians were charged under the laws, with some "crimes" dating back to the 1930s. The Tasmanian Gay and Lesbian Rights Group estimates there are between 20 and 30 people still alive and of working age who continue to face the legacy of their convictions. But Tasmanians prosecuted for gay sex are now one step closer to having their criminal records wiped clear. Progress has come in the form of a discussion paper released by the Anti-Discrimination Commissioner. The document invites public input into treating convictions for homosexuality. It is designed to help frame legislation to disregard these convictions and expunge related public records. The proposed laws are expected to succeed, with the Liberals, Labor and the Greens this year declared in-principle support for the move. But progress will not be easy. Individual cases would need to be assessed to ensure that people were not excused of genuine crimes. The historic laws also captured non-consensual sex acts, which remain illegal. Questions remain over whether people charged with the crimes will need to come forward to state their case for annulment, raising significant concerns around privacy. Such considerations extend to whether consenting sexual partners must also come forward so the old homosexuality convictions can be expunged. Concerns also centre around whether judicial officers, bureaucrats or parliamentarians should be tasked with clearing such sensitive convictions. In South Australia, individuals can apply to magistrates to have their convictions spent, while in Victoria and New South Wales, the Justice Department secretary is responsible for expunging such records. These are just simple examples of what appears to be a maze of complications and sensitivities. But as our interstate and international peers have demonstrated, progress can be achieved. And so it should be. Doing nothing must not be an option afforded to our elected representatives. Submissions to the discussion paper close on November 28. It can be accessed at: www.antidiscrimination.tas.gov.au
SOME issues are far too important to relegate to the "too hard" basket, regardless of how complicated overcoming them may appear.
Stripping away stigmatisation, disadvantage and prejudice endured by individuals systematically persecuted under discriminatory laws deserves immediate attention and urgent action.
It has been 17 years since homosexuality was formally decriminalised in Tasmania, yet some men remain haunted by their records of gay "crimes".
Men were still being arrested and fined for having consensual sex with other men in private as late as the mid-1980s, with offences such as "unnatural sexual intercourse" and "indecent practice between male persons" finally struck from the books more than a decade later.
But while the threat of future prosecution was gone, no provisions were put in place to annul existing convictions.
The pervasive, lasting legacy of criminal records and public documents connected to these actions remained, even after the threat of further convictions was removed.
Employment prospects, applications to work with vulnerable people and ambitions to travel internationally have been adversely impacted by the now-defunct convictions.
There is limited information available about the number of convictions prosecuted under the historic laws, or which actions they ensnared.
According to police records, about 100 Tasmanians were charged under the laws, with some "crimes" dating back to the 1930s.
The Tasmanian Gay and Lesbian Rights Group estimates there are between 20 and 30 people still alive and of working age who continue to face the legacy of their convictions.
But Tasmanians prosecuted for gay sex are now one step closer to having their criminal records wiped clear.
Progress has come in the form of a discussion paper released by the Anti-Discrimination Commissioner.
The document invites public input into treating convictions for homosexuality.
It is designed to help frame legislation to disregard these convictions and expunge related public records.
The proposed laws are expected to succeed, with the Liberals, Labor and the Greens this year declared in-principle support for the move.
But progress will not be easy.
Individual cases would need to be assessed to ensure that people were not excused of genuine crimes.
The historic laws also captured non-consensual sex acts, which remain illegal.
Questions remain over whether people charged with the crimes will need to come forward to state their case for annulment, raising significant concerns around privacy.
Such considerations extend to whether consenting sexual partners must also come forward so the old homosexuality convictions can be expunged.
Concerns also centre around whether judicial officers, bureaucrats or parliamentarians should be tasked with clearing such sensitive convictions.
In South Australia, individuals can apply to magistrates to have their convictions spent, while in Victoria and New South Wales, the Justice Department secretary is responsible for expunging such records.
These are just simple examples of what appears to be a maze of complications and sensitivities.
But as our interstate and international peers have demonstrated, progress can be achieved.
And so it should be.
Doing nothing must not be an option afforded to our elected representatives.
Submissions to the discussion paper close on November 28. It can be accessed at: www.antidiscrimination.tas.gov.au
