In a landmark reform, the Australian state of Tasmania is set to provide financial compensation to individuals historically convicted under laws that criminalised homosexuality and gender expression, including cross-dressing. The move, which passed unanimously in the Lower House this week, has been hailed as a nation-leading step towards justice.
The reforms will offer redress payments to those affected by these discriminatory laws, which remained in force well into the late 20th century. Male same-sex activity was not decriminalised in Tasmania until 1997, following years of legal battles and international pressure.
It’s estimated that between 1945 and the mid-1980s, around 100 men were prosecuted for offences such as “unnatural sexual intercourse” and “gross indecency”. The new compensation scheme includes:
- $15,000 for a charge
- $45,000 for a conviction
- $75,000 for anyone sentenced to detention or psychiatric treatment
The legislation will also strengthen hate crime provisions, allowing judges to impose tougher penalties for crimes motivated by prejudice against LGBTQIA+ people.
“State Taking Responsibility for Injustices,” Says Advocate
Rodney Croome, long-time advocate and spokesperson for Equality Australia, welcomed the move, saying it would help to heal decades of trauma.
“Many of those convicted under our old laws lost their jobs, their families, their homes—and many had to flee the state,” Croome said. “Financial redress will help make up for the pain and loss victims experienced and sends a clear message that Tasmania is taking responsibility for these historic injustices.”
Croome himself played a key role in challenging Tasmania’s discriminatory laws. In 1994, he and then-partner Nick Toonen lodged the first-ever Australian complaint to the United Nations Human Rights Committee. The UN found Tasmania had breached Toonen’s right to privacy and discriminated on the basis of sexual orientation and identity.
This global ruling led to the introduction of the Human Rights (Sexual Conduct) Act 1994 by the federal government, which ultimately overrode Tasmania’s criminal laws. The subsequent High Court case, Croome v Tasmania, confirmed the Commonwealth’s right to legislate for LGBTQIA+ equality under international treaties—setting a global precedent for decriminalising homosexuality.
“I hope other states and the Commonwealth will follow Tasmania’s lead by providing redress for historic wrongs against LGBTIQA+ people,” said Croome.
The bill will be debated in Tasmania’s Upper House in November and is expected to pass with broad support.
