Questions and answers

What type of offences are covered?

The scheme applies to gay sexual offences and cross-dressing offences from the past. The scheme applies to conduct that is no longer a crime.

The scheme covers

Consenting sex between men
Men loitering or soliciting sex with other men
A person assigned male at birth in a public place dressed in female clothes between sunset and sunrise”
offences that were charged in relation to any of the above, such as resisting or obstructing arrest or assaulting a police officer.

The scheme also applies to attempting to commit offences, and offences of inciting, investigating, aiding or abetting the commission of an offence.

Homosexual offences repealed in 1997 include:

Sections 122 (a) and (c) of the Criminal Code – oral or anal sex
Section 123 of the Criminal Code – any other sexual activity between men

A cross-dressing offence is an offence under section 8(1)(d) of the Police Offences Act as in force until April 2001.

Related offences include offences under section 34B of the Police Offences Act 1935 or substantially similar offences in other Acts.

The scheme does not apply to other historical offences.

Who can apply?

A person who has been charged with a historical homosexual or cross-dressing offence or related offence.

Where the person has died or lacks legal capacity to make an application, an appropriate representative (in order of priority)
- The spouse of the person or a person who was in a significant relationship with the person
- a child of the person, if 18 years of age or over
- The parent of the person
- The sibling of the person, if 18 years of age or over
- A niece or nephew of the person, if 18 years of age or over
- The legal personal representative of the person
- A person determined to be an appropriate person by the Secretary of the Department of Justice.

The legislation applies this order of priority for determining who can make an application as an appropriate representative. That is, a child of the applicant is only an appropriate representative if no spouse is available, and so on through the order of priority.

Will I receive a redress payment?

A person is automatically eligible for a redress payment if a charge is successfully expunged.

This includes a person who is unable to make an application due to lack of legal capacity, for whom another person makes an application on their behalf. A person who makes an application for expungement on behalf of a deceased person will not receive a redress payment, although the deceased person’s charges can still be expunged.

As at 1 July 2026, there are three different payment amounts:

People who were charged with an offence but were not convicted and did not serve time in jail will receive $15,582
People who were convicted and did not serve any time in jail or receive any other court sanction will receive $46,746 and
People who were convicted of offences and served time in jail or had other court sanctions, will receive $77,911.

The amounts above apply before 30 June 2027, and will be increased by CPI indexation each year.

Sanction means any court-ordered punishment, or coercive measure. This can include, but is not limited to:

a fine or penalty

community service

a probation order

a custodial (eg. prison) or suspended sentence

mandatory counselling or treatment.

A person may only receive one payment amount, even if they have multiple charges expunged. A person will receive the highest payment amount they are eligible for.

What if I was charged but the charge was dismissed or quashed?

The Act provides for a person to apply for charges for historical offences to be expunged. This covers homosexual, cross dressing, or related offences.

If you, or the authorised person on your behalf, successfully applies to have a historical charge expunged, you will receive a redress payment even if the charge or related conviction had previously been dismissed/quashed.

Redress payments are still payable where the charges have previously been dismissed or the conviction quashed where there was no finding of guilt. This recognises that these circumstances still impacted peoples’ lives when having to disclose their criminal history, such as for job or visa applications.

What if I was found guilty but not convicted?

Sometimes a person may have pleaded guilty or been found guilty of an offence but the court may not have recorded a conviction.

A finding of guilt may still be listed on a criminal record and charges without a recorded conviction can be expunged under the scheme.

What about interstate convictions?

This scheme only applies to charges that were recorded in Tasmania. If the offence occurred in another state or territory, you cannot apply under this scheme. You will need to contact the other state or territory to see if they have an expungement and redress scheme.

What if I have more than one charge?

An application may relate to multiple charges. Details of all relevant charges that you are seeking to expunge can be included in a single application and will be considered concurrently.

A person may only receive one redress payment, even if they have multiple charges expunged. This payment will be of the highest amount the person is eligible to receive.

How does the application process work?

You will receive an acknowledgement once your application has been received using the communication method you nominate in your application.

We will then request a Tasmania Police History Check on your behalf.

Once the Police History Check confirms the offences, we will ask Tasmania Police, the Director of Public Prosecutions and the relevant court to locate more detailed records regarding the charge or conviction. We will provide this information to you.

In some instances, we may also verify information with the Registrar of Births, Deaths and Marriages. For example, we will need proof of death for applications made on behalf of a deceased person.

We may request further information from you in order to assess your application if we cannot obtain adequate information from the official records. This could include a written statement to clarify events relating to a charge.

Follow this link for a detailed diagram of the Expungement of Historical Offences process (PDF, 432.6 KB). Please contact us if you require the diagram in an alternative format.

A person is automatically eligible for a redress payment if a charge is successfully expunged. This includes a person who is unable to make an application due to lack of legal capacity, for whom another person makes an application on their behalf. A person who makes an application for expungement on behalf of a deceased person will not receive a redress payment, although the deceased person’s charges can still be expunged.

Who else will be contacted about my application?

We will check your application and may need to access your police or court record. We will ensure sensitivity of your information, and your confidentiality where possible.

If your charge of homosexual conduct involved another person, we may need to contact them about your application.

You can contact us to learn more about this.

Will I have to give evidence or go to court?

No. Your application is assessed on the official records held by the police, prosecutors or the courts. In most cases, this information will be sufficient for the application to be determined.

If more information is needed, then you may be asked for additional information or documents. In some cases a Statutory Declaration may be required.

If another person was involved in the conduct constituting the offence, we will need to determine whether both parties consented and the respective ages at the time of the conduct. This will be done on written evidence from official records, from the other person involved, or from another person with knowledge of the circumstances in which the conduct occurred. This is to ensure that a charge that is still a crime today is not expunged.

Where the offence does not involve another party, such as a conviction for offensive behaviour, the conduct must not be considered offensive in today’s society.

Who will decide the outcome of my application?

The Secretary of the Department of Justice will decide whether your application is successful or not. The Secretary must be satisfied that the conduct would not be an offence today or that the conduct was a related offence.

We will advise you of the Secretary’s decision and the reasons for the decision.

The application process might take several months, as we need to request a Tasmania Police History Check, locate historical records and assess your application. However, we will deal with your application as quickly as possible.

Can I be confident that the application process is confidential and respects my privacy?

Yes. Access to your application will be restricted to the Secretary, those advising the Secretary, the EHOS Unit and the agencies who are searching for your records – all of whom are bound by strict confidentiality obligations. In some cases, we may also verify your personal information with the Registrar of Births, Deaths and Marriages.

It is an offence under Section 13 of the Expungement of Historical Offences Act 2017 (the Act) for unauthorised disclosure or communication of any information relating to an application.

Your application will be handled sensitively and we will be mindful of your confidentiality and privacy at all times. We will communicate with you by your nominated preferred method of contact and all material will be sent to you discreetly and marked ‘private and confidential’.

Section 28A of the Act ensures any records, documents or material collected or created in the investigation and determination of an application for expungement will be exempt from disclosure under the Right to Information Act 2009. This further protects your privacy.

What happens if an application for expungement is successful?

If a charge is expunged, a note will be added to all official police and court records to show that the charge is expunged and that it is an offence to disclose the expunged information. This includes records relating to any charge, conviction, investigation, associated arrest or detention.

Secondary electronic records, which are duplicates of the official criminal record in electronic form, will be permanently removed or where not technically possible have any link between that electronic record that could potentially identify the person whose charge was expunged removed.

Any information about an expunged charge is taken not to form part of the person’s official criminal record, and is not required to be disclosed. It will not show up on a Tasmanian or National Police History Check.

A person with an expunged charge may legally claim not to have been convicted, and is not required to disclose any information about the expunged charge for any purpose, including when giving evidence under oath in legal proceedings. They cannot be refused any appointment, office, status or privilege on the grounds of any information about an expunged charge.

If an application is unsuccessful, can the decision be appealed?

Yes. An applicant or appropriate representative can apply to the Tasmanian Civil and Administrative Tribunal (TASCAT) for a review of the Secretary’s decision.

The agencies that hold the official records, such as the police or prosecuting authority, can also appeal the decision of the Secretary.

Can I withdraw my application?

Yes. An application can be withdrawn at any time (prior to a determination) by notifying the Secretary. Contact us for details.

Who can I contact for assistance or support during the application process?

We understand that it may be distressing to recall past events during this application process.

Free and confidential legal assistance and support services are available.

Acknowledgement

These frequently asked questions have been prepared based on information published by the Department of Justice and Regulation Victoria.

Related information

Learn more about making an application.

Access free legal assistance with making an application.

Access free wellbeing support services.