South Australia Parliament to correct 'historical anomaly'

South Australia has introduced a Bill to correct an “historical anomaly,” namely the application of the law to consensual homosexual activity. Sex between consenting men was decriminalised in Australia between 1975 and 1997, with South Australia being the first state and Tasmania the last. Nevertheless the legacy of those laws still haunts many men, for they continue to carry the shame of a criminal conviction.

Criminal records relating to conduct that is no longer an offence remain on thousands of police records today, causing people pay a price for crimes that no longer exist. In addition to psychological harm, those affected suffer a range of adverse consequences including limited employment and volunteer role eligibility. 

The Spent Convictions (Decriminalised Offences) Amendment Bill 2013, introduced last week, will allow a qualified magistrate to make an order that an eligible sex offence is spent. The Bill amends the Spent Convictions Act so that the definition of ' eligible sex offence ' is expanded to include a ' designated sex-related offence ', defined as a sex offence that is constituted by consenting adults engaging in (or procuring another adult to engage in) sexual intercourse or activity that no longer constitutes an offence.

This means that a person who was convicted of a homosexual offence (that is no longer an offence) can apply to a qualified Magistrate for their conviction to be spent, even if they received a prison sentence.
Once spent, a conviction will not appear on a police check regardless of the purpose of checking (including care of children) and with some exceptions, is not required to be disclosed if a person is asked about past convictions.

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