Current or former ADF personnel can now apply to have historical homosexual convictions extinguished from their service records, restoring equality and pride for those who have served the nation.
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.
Chief of Personnel Lieutenant General Natasha Fox said the move was an important step towards ensuring people’s service records reflected their contributions to the Defence mission.
“Extinguishing these convictions will restore dignity and legal equality to our people and their families impacted by this historical policy,” Lieutenant General Fox said.
“Defence is honouring those who paved the way for greater inclusion for future generations.”
‘Defence now reflects the community we serve, where people can be their authentic selves and proudly serve their country.’
Head of Military Personnel and Defence LGBTQIA+ champion and ally Rear Admiral Tish van Stralen said LGBTQIA+ personnel whose service ended prematurely because of who they are, now have a way to correct their service record.
“Those proud and committed LGBTQIA+ personnel can now restore their service record to reflect their dedicated service to the nation,” Rear Admiral van Stralen said.
“I am immensely proud of our people who have campaigned for this change over a long period of time. Their resilience and determination to see their service treated equally in this legal way should be rightfully celebrated.
“Defence now reflects the community we serve, where people can be their authentic selves and proudly serve their country.”
Former Defence personnel who believe they were administratively separated due to a prevailing discriminatory Defence policy can also seek a review of their administrative separation and have their record updated.
