The Hon Matt Keogh MP
Minister for Veterans' Affairs
Minister for Defence Personnel
Current or former Australian Defence Force (ADF) personnel can now apply to have historical homosexual convictions extinguished from their service records.
Up until 1992, consensual homosexual activities could be prosecuted as service offences under Australian military discipline law.
While it has long been decriminalised, people still carry the burden of service convictions appearing on their service records for consensual same-sex activities that occurred before this change.
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.
Extinguishing these convictions will restore dignity and legal equality to affected individuals and their families.
The Defence discipline system is the final jurisdiction in Australia to allow for extinguishment of such convictions.
Any person who has a conviction of an historical homosexual service offence, their representative, or a person with a special interest in the conviction, can apply under the scheme. Family members of deceased veterans can also apply under this scheme on behalf of their loved ones.
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 Government has agreed to issue a formal apology acknowledging any harm experienced by LGBTIQA+ personnel and veterans as a result of historical discriminatory policies. The Government intends to deliver this apology later this year.
To learn more or apply, visit: https://www.defence.gov.au/about/governance/military-justice-system
Quotes attributable to Minister for Veterans’ Affairs and Defence Personnel, the Hon Matt Keogh MP:
“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.
“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.”
Media Contact:
Stephanie Mathews (Minister Keogh’s Office) - 0407 034 485
Defence Media: media@defence.gov.au
Open Arms – Veterans & Families Counselling provides 24/7 free confidential crisis support for current and ex-serving ADF personnel and their families on 1800 011 046 or the Open Arms website. Safe Zone Support provides anonymous counselling on 1800 142 072. Defence All-Hours Support Line provides support for ADF personnel on 1800 628 036 or the Defence Health Portal. Defence Member and Family Helpline provides support for Defence families on 1800 624 608