Consensual homosexual activity was once a criminal offence in Western Australia, and people were charged with criminal offences for behaviour that would not be illegal today. Even though homosexual activity is no longer a criminal offence, some people in Western Australia still have convictions that appear on their criminal record.
The Historical Homosexual Convictions Expungement Scheme allows people to apply to the Office of the Commissioner for Victims of Crime for their historical homosexual convictions to be expunged – or removed – from their criminal history.
It is against the law under the Historical Homosexual Convictions Expungement Act 2018 to discriminate on the ground of an expunged conviction in the following types of employment or work:
Applicants and employees (full time, part time, contract and casual)
Commission workers
Contract workers
Professional or trade organisations
Qualifying bodies
Employment agencies
Making a Complaint
A person who believes they have been expunged homosexual conviction can lodge a Spent Conviction Discrimination complaint with the Commissioner for Equal Opportunity. The Commissioner will investigate the complaint in the same way that complaints about other kinds of unlawful discrimination are investigated.
Complaints must be submitted in writing, but you are not required to use English. You may write your complaint in the language you feel most comfortable using.
The incident or incidents referred to in the complaint must have occurred within the 12 months prior to the date the complaint is lodged.
In some circumstances, the Commissioner may determine that there is good reason — or good cause — to include incidents that occurred more than 12 months before the complaint was submitted.
Information About the Scheme
Information about the Historical Homosexual Convictions Expungement Scheme can be obtained by contacting the Office of the Commissioner for Victims of Crime on 1800 428 873 or by emailing victims@justice.wa.gov.au
You can also visit their website for frequently asked questions, information sheets, and the expungement application form.
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