Improving the operation of the expungement of historical offences scheme

The Expungement of Historical Offences Amendment Bill 2025 has been tabled in the House of Assembly.

The Bill seeks to improve the scheme which enables charges and convictions for historical offences, including homosexual offences and cross-dressing offences, to be expunged.

Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett, said the Tasmanian Government introduced the original expungement scheme as an important step forward for Tasmania.

“We are committed to helping Tasmanians deal with the challenges that they face with compassion and commonsense,” the Attorney-General said.

“The Bill tabled today contains important changes to improve the operation of the Expungement Scheme and provides redress payments for those charged or convicted under the former laws prohibiting homosexuality and cross-dressing in Tasmania.”

The Expungement of Historical Offences Amendment Bill 2025 responds to the recommendations of the Independent Review of Expungement of Historical Offences Act 2017 undertaken by Melanie Bartlett and Taya Ketelaar-Jones in 2020 as well as the Inquiry Report of the Joint Sessional Committee on Gender and Equality.

The Final Report of the Independent Review made 13 recommendations and those which required legislative amendment are addressed in this Bill, which will expand and enhance the operation and administration of the Act.

The Joint Sessional Committee on Gender and Equality’s Inquiry Report, released in March 2025, made 6 recommendations in relation to the payment of redress to eligible recipients under the previously tabled Expungement of Historical Offences Amendment Bill 2024.

The Government has accepted the Committee’s recommendations and the Bill being tabled today will give those recommendations effect.

Specifically, the Bill:

• expands the scheme to provide that related offences are also eligible for expungement;
• further supports a victim-centred approach to investigations;
• improves measures to support effective record disposal;
• improves the confidentiality of records for all parties, including specifically exempting applications, investigation material and determinations from the Right to Information Act 2009; and
• provides for redress payments to eligible recipients.

The Independent Review also made a number of recommendations that did not require legislative amendment and the Department of Justice has been implementing these administrative changes to ensure a more streamlined process and increase awareness of the Scheme.