Tasmania Compensation Scheme for Historical LGBTQIA Convictions Explained
Tasmania will compensate people with past LGBTQIA convictions. Learn who is eligible, payment tiers, and whether other Australian states may follow.
Introduction: Why Tasmania’s Redress Scheme Matters
Tasmania has announced a landmark move — it will become the first Australian state to offer financial compensation for historical LGBTQIA convictions. This goes further than simply clearing criminal records. It recognises the real harm caused by discriminatory laws and seeks to repair it with meaningful redress.
This blog explains the background, the details of the scheme, and what it may mean for people in Tasmania and beyond. We’ll also explore whether other states could introduce similar compensation schemes, what challenges may arise, and what this means for affected individuals today.
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1. Historical Background: Criminalisation of LGBTQIA People in Tasmania
Harsh laws against same-sex conduct
Tasmania has a unique and troubling history. It was the last state in Australia to decriminalise homosexuality, only doing so in 1997. For decades, consensual relationships between men were punishable by some of the harshest sentences in the country — at one point, up to 21 years in prison.
Criminalisation of cross-dressing
Tasmania also stood out as the only state to criminalise cross-dressing, with offences in place until the early 2000s. People were arrested and charged simply for wearing clothes that did not align with their legally recognised gender.
Lifelong damage
The effect of these convictions was devastating:
Loss of employment and professional opportunities
Permanent criminal records impacting housing, travel and reputation
Social stigma, family estrangement and mental health consequences
Relocation or living in secrecy to avoid further prosecution
Even though these laws are now abolished, the scars remain. Many of those affected are elderly and have lived with injustice for most of their lives.
2. Previous Step: Expungement of Historical Convictions
In 2017, Tasmania introduced the Expungement of Historical Offences Act. This allowed people to apply to have these old convictions erased from their criminal records. While this was important progress, it was purely symbolic — it did not offer financial compensation or address the real economic and personal losses people endured.
This is where the 2025 reform goes further.
3. Tasmania’s New Compensation Scheme Explained
The Expungement of Historical Offences Amendment Bill 2025
In September 2025, the Tasmanian Government introduced the Amendment Bill, which ties expungement to financial redress. For the first time, successful applicants will receive compensation.
Payment tiers
Compensation is structured in three tiers based on the outcome of the historical offence:
Charged but not convicted – AUD 15,000
Convicted but no imprisonment – AUD 45,000
Convicted with imprisonment or severe penalty – AUD 75,000
Key features
Payments are automatic once expungement is granted
Applications and records will remain confidential and exempt from Right to Information laws
The scheme expands eligibility to “related offences” such as resisting arrest connected to the original charges
This makes Tasmania the first jurisdiction in Australia to pair expungement with direct financial compensation.
4. Why Compensation Is Necessary
Acknowledging harm
Expungement alone does not undo decades of harm. People lost jobs, homes, and family connections because of these laws. Compensation gives tangible acknowledgment of that damage.
Economic fairness
Many faced long-term financial disadvantage. Payments, while not life-changing, help repair economic injustice.
Encouraging applications
By linking expungement with compensation, more people are likely to come forward and clear their records.
International comparison
Other countries have already introduced similar redress schemes — for example, the UK, Germany, and Canada have compensated those convicted under anti-gay laws. Tasmania is bringing Australia in line with global human rights standards.
5. Arguments For and Against the Scheme
Arguments in favour
Justice and equality: The state has a moral duty to compensate those it harmed.
Symbolic leadership: Tasmania sets an example for the rest of Australia.
Healing and reconciliation: It acknowledges suffering and rebuilds trust.
Practical benefit: Clears records and offers financial support.
Concerns and criticisms
Cost to taxpayers: Some argue the scheme could become expensive.
Proof of eligibility: Historical records may be missing or incomplete.
Precedent risk: Could open the door to redress for other historic injustices.
Administrative burden: Managing claims will require staff, funding, and oversight.
Despite these concerns, the overall direction of reform is strongly supported by legal experts and community advocates.
6. Legal and Administrative Challenges Ahead
For the scheme to succeed, Tasmania must address:
Eligibility clarity: precisely defining qualifying offences
Evidentiary issues: allowing alternative proof where records are missing
Timelines: avoiding long delays in decisions
Appeals process: ensuring fairness if claims are denied
Funding: setting aside sufficient money for payments and administration
Awareness: running campaigns so eligible people know they can apply
7. Could Other States Follow Tasmania?
Current status across Australia
All states have decriminalised same-sex activity
Most have expungement schemes
None, until now, have offered financial compensation
Likely next movers
Victoria and the ACT have progressive human rights frameworks and could follow Tasmania.
New South Wales and Queensland may face pressure from advocacy groups.
The federal government may even consider a national redress scheme.
Factors influencing uptake
Political leadership and advocacy pressure
Estimated costs and number of claimants
Administrative readiness and access to historical records
8. What This Means for People Affected
If you were convicted or charged
You may be eligible for compensation once the Tasmanian scheme becomes law.
First step: apply for expungement of your record.
Payments will follow automatically under the new scheme.
Why seek legal advice?
To confirm eligibility
To gather supporting evidence
To manage confidentiality
To prepare if appeals are necessary
A law firm experienced in LGBTQIA law, criminal record expungement, and compensation schemes can provide invaluable guidance.
9. FAQs
What is Tasmania’s LGBTQIA compensation scheme?
It is a new bill that proposes compensating people previously charged or convicted under anti-LGBTQIA laws, with payments ranging from AUD 15,000 to AUD 75,000.
Who is eligible?
Anyone who had a conviction or charge for consensual same-sex activity or cross-dressing under Tasmania’s old laws, once their record is expunged.
How much in compensation is proposed?
AUD 15,000 if charged but not convicted
AUD 45,000 if convicted without imprisonment
AUD 75,000 if convicted and imprisoned
Will other states offer compensation?
Currently no other Australian state has a financial redress scheme, but Tasmania’s law may set a precedent for others to follow.
Do I need a lawyer to apply?
You would be able to apply yourself, but you could also use legal support if you wanted help with the process.
If you or someone you know was charged or convicted under Tasmania’s former LGBTQIA laws, now is the time to take the preliminary step to expunge your record .
Conclusion: A Step Toward Justice
Tasmania’s move to compensate people for historical LGBTQIA convictions is more than a legal reform — it’s a powerful act of justice. It recognises past wrongs, provides real remedies, and sets a precedent that could ripple across the country.
For affected individuals, it offers long overdue closure. For the legal system, it is a reminder that human rights evolve, but justice must catch up.
This OYB Blog was created using AI assistance based on the following source: https://theconversation.com/tasmania-will-compensate-people-for-historical-lgbtqia-convictions-could-others-follow-suit-265956#:~:text=Same%2Dsex%20relationships%20between%20women,state%20to%20criminalise%20cross%20dressing.