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The Australian government will this year issue a formal apology to LGBTQIA+ personnel and veterans for any harm they experienced under historical discriminatory policies.
At the same time, the Australian Defence Force has announced that historical homosexual convictions can now be expunged from personnel service records.
Current or former ADF personnel can now apply to have service convictions for consensual same-sex activities completely removed from their records, in a move Defence said will “restore dignity and legal equality to affected individuals and their families”.
Up until 1992, Defence Force personnel could still be prosecuted for service offences for participating in “consensual homosexual activities” under Australian military discipline law.
While this law was overturned over three decades ago, personnel who were convicted of such activities before this date still face the burden of service convictions appearing on their service records.
Family members of deceased veterans, or other individuals with a “special interest” in the conviction, may also apply to have these convictions wiped on behalf of their loved one.
Defence said: “To address the ongoing harm caused by these historical convictions, the Defence Force Discipline Act 1982 (Cth) was recently amended to allow eligible individuals to apply to have convictions for consensual activity formally extinguished, meaning they are treated as if the conviction never happened.
“This is a significant step towards recognising that these laws and policies were discriminatory and caused profound and lasting harm to many Defence people and their families.”
Additionally, former Defence personnel who believe they were administratively separated due to a prevailing discriminatory Defence policy can seek a review of their administrative separation and have their record updated.
“The extinguishment of historical homosexual service convictions for current or former serving Defence personnel is an important step in righting a historical wrong. This has been a long time coming,” Minister for Veterans’ Affairs and Defence Personnel Matt Keogh MP said.
“We have always been proud of those who serve our nation. These changes will enable those impacted personnel to have their proud service accurately reflected in their official service records as well.
“These new laws are a restorative legal change to help lessen the detriment and stigma of former homophobic attitudes and practices reflected in such convictions.”
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