Motions

Decriminalisation of Homosexuality in South Australia

Adjourned debate on motion of the Attorney-General:

That this council—

1. Notes that on 27 August 1975, South Australia became the first jurisdiction in the nation to decriminalise male homosexuality, with the passage of the Criminal Law (Sexual Offences) Act 1975, which commenced operation on 2 October 1975;

2. Expresses its regret to the many South Australians who were charged with and convicted of criminal offences simply for being their authentic selves;

3. Recognises that in making these reforms, our state began a process which would be repeated in every Australian state and territory;

4. Acknowledges that in 2025, South Australia will commemorate this nation-leading legislation and mark its 50th anniversary;

5. Expresses its support for the community coming together to celebrate this anniversary, and our state’s role in leading the way on LGBTQIA+ law reform;

6. Celebrates the passage of other landmark LGBTQIA+ law reform in South Australia; and

7. Commits to continuing to work toward equality for all South Australians.

(Continued from 4 September 2025.)

The Hon. R.A. SIMMS (15:58): I rise to speak in support of this motion, acknowledging an important milestone for our state: 50 years since South Australia led the nation and finally decriminalised homosexuality. As an out and proud gay man, one of only two in this place, this is an opportunity for me to give thanks—thanks to the brave activists who led the charge for equality and campaigned for years to make this happen, and the brave legislators who also made this reform possible. Without their vision and their leadership, I would not have had the remarkable opportunities that I have had in my life: chief among them, the opportunity to live an out and proud, happy gay life.

I acknowledge the Hon. Peter Duncan, whose private member's bill finally delivered this reform, and the Hon. Anne Levy, who introduced that bill into this very chamber 50 years ago, and also, of course, the Hon. Murray Hill, who attempted reform in this area with an unsuccessful private member's bill a few years prior. As has so often been the case in South Australia, gay law reform has been a multiparty effort in our state.

I have always believed, however, that while the parliament makes the laws it is the community that drives social change, and so it was with this reform. I salute those courageous activists who fought to advance gay rights at a time when it was so challenging to do so: brave activists like Will Sergeant OAM—and I note that Will is present in the gallery today—Dr David Hilliard OAM, Dr Roger Knight and John Ruwolt. Gay men of my generation owe these leaders a huge debt for their work.

It is easy, when one looks at major social reforms in hindsight, to consider that these changes might be inevitable, but the story of social change is that nothing is ever certain. It takes perseverance, courage, conviction and leadership to make change possible. I hope this 50^th anniversary gives today's activists hope and inspiration and that they can draw strength from the courage of our LGBTI elders who fought for their rights half a century ago.

The motion also rightly expresses its regret to those South Australians who were charged and convicted. Many gay men had their lives destroyed by homophobia and discrimination. They are owed an apology for what was done. The serious threat of criminal conviction and social ruin loomed large over the lives of gay men at that time. Indeed, when one considers this oppressive environment, the efforts of those activists back in the 1970s were even more extraordinary. These people risked a lot.

Might I also say that this milestone provides us with an opportunity to reflect on what else has been achieved on the road to equality in our state. We have seen major law reform in South Australia: reforms like equal opportunity laws, anti-discrimination laws, same-sex parenting rights, innovations in HIV medication and the availability of things like PrEP, relationship registration, de facto relationship rights, same-sex marriage, the end of the gay panic defence, and a ban on conversion practices.

Many members of parliament have played a role in delivering these reforms, and this chamber is well represented when it comes to activists in this area. I want to in particular acknowledge the leadership of the Hon. Ian Hunter, the first out gay man elected to this parliament and, might I say, a giant of our movement; the Hon. Tammy Franks MLC for her work in this area; and the Hon. Michelle Lensink MLC, who has also been a strong advocate in this space within the Liberal Party.

I also want to acknowledge the many leaders in our community who have fought for these changes over many years, people like the late Ian Purcell, and also those out-and-proud LGBTI voices in our state, like Greg Mackie. I also acknowledge historian Tim Reeves, who has done so much to document the voices and stories of our community over the years. I note that Tim is present in the gallery today as well.

I should note that I have had the privilege of being on the Premier's committee to commemorate this occasion over the last year, under the leadership of the Hon. Ian Hunter. It has been a real honour to participate in the multiparty committee and to be here for the re-enactment that occurred last fortnight in recognition of 50 years since this law reform came into effect. This is a truly significant milestone for our state and one that has been worthy of reflection and celebration within this parliament.

We still have work to do in order to deliver full equality for LGBTI South Australians, and I will continue to advocate for action on a human rights charter, further recognition of same-sex parents and, of course, strengthening our state's anti-discrimination laws. As a sprightly 41 year old, I look forward to participating in the 100-year anniversary, but in the meantime I am proud to be here and queer today and to have the chance to say a big thankyou to those activists who fought to give people like me our fundamental human rights. I commend the motion.

The Hon. T.A. FRANKS (16:03): I rise to support and associate myself with the previous speakers on this motion. Indeed, it is timely to remember that, 50 years ago, South Australia did lead the way in being the first jurisdiction in Australia to decriminalise male homosexuality. That came about through a terrible event, as often things do, which was in fact the killing of Dr George Duncan.

The killing of Dr George Duncan, which we know, although it was never found so in court, was done by the vice squad of the South Australian police, in what they dubbed, according to former Attorney-General the Hon. Peter Duncan in his re-enactment speech, as 'poofter swimming lessons'. Of course, we know that Dr George Duncan, as a newly arrived academic to this state, was not a capable swimmer and in fact died from that activity of throwing gay men into the River Torrens.

What many people are not aware of, other than the fact that the police were never held accountable for their actions that killed not just this man but harmed so many others, is that Dr Duncan, once retrieved from the Torrens, was then thrown back in to be retrieved again for the media who arrived later that day. We continue in our law reform to require those who are othered in our society, who are marginalised because of their identity, their sexuality, their gender—their otherness, somehow, when we are all different—to perform and to be performative to get equality.

I reflect on the words, and I thought the most compelling contribution in the re-enactment of the debates around the 50^th anniversary of the decriminalisation of male homosexuality was former Attorney-General Peter Duncan's contribution, which was a modern reflection. In fact, I understand he refused to rehash his old speeches from when he took leadership 50-plus years ago, and reflected on where we are now, stating in that contribution:

Well, this is a proud moment of reflection on a great achievement. It's not often in public life or post-public life that you are able to achieve something worthwhile and live long enough to see the successful outcomes of that reform. How lucky I am to be here today to mark 50 years since the passage of the homosexual reform bill.

South Australia led the nation, and of course now every jurisdiction has cast aside the criminal sanctions.

Mr Duncan reflected that:

A wise leader once said, 'Ask yourself if the generation in 100 years will thank you for the decisions you make today.' Well, we are halfway there, and in relation to homosexual law reform, the answer unarguably is a resounding 'yes'.

Mr Duncan then reflected on something that I have often reflected on in this place: where we once led, we often in South Australia now lag. He went on to say:

Subsequently, South Australia has not always led. It took 30 years before legislation to expunge homosexual convictions was passed. South Australia was the last state in the country to abolish the gay panic defence, passing reforms through the parliament in December 2020.

Hate crime laws that explicitly include 'sexual orientation, gender identity, and intersex characteristics' within South Australian sentencing legislation were passed and implemented in November 2021. The state parliament recently passed legislation explicitly banning gay conversion therapy.

'That was nearly 50 years after the pioneering legislation' that this motion reflects upon and that we indeed now celebrate. I note, both on hate crimes and in the abolition of the gay panic defence, that the defence for murder that simply because somebody might be accused of being gay—in fact, regardless of whether they were gay or not—and making a sexual advance that was unwanted could somehow warrant that murder being treated as a lesser crime is abhorrent in itself.

It should have been abolished long before it was, and I am proud to have not just played my part in ensuring that we now have hate crime legislation in this state in terms of sentencing but to have led reform around rainbow parenting, marriage equality and a number of other areas. But we have so much more to do.

I note that during the debate on the abolition of what is now called conversion practices rather than what used to be euphemistically called 'gay conversion therapy', there was homophobia in the debate on those days. It was an extraordinary occurrence, almost 50 years after this chamber had seen fit to ensure that homosexuality was no longer viewed as a criminal activity, that it was still derided and that homophobic language entered that particular debate. It was a sad day, I thought, although of course we continue to progress, and that is what I shall look towards.

We do stand on the shoulders of giants in this place—people who have been at the vanguard. There is much talk, of course, of former Premier Dunstan. I note also that former Attorney-General Peter Duncan noted that he and the former Premier had numerous discussions about his bill. He is quoted in his contribution saying:

Don's influence in the debate was obviously of vital importance, although not necessarily in the way implied in some publications.

Don's strategy of creating a coalition of electoral support from workers [Italians, Greeks] and the intelligentsia was critical. Without that…support base I think it was unlikely that [all the] Labor members of the parliament would have been brave enough to support the measure, given the bill's…unpopularity. Opinion polling at the time indicated that more than 60 per cent were in opposition, with only 17 per cent in favour. It is not true, however, that Don played any role in initiating the bill, as some people have suggested. As I said, he gave it his enthusiastic support once the bill had been announced and introduced.

It is often the case that people in retrospect are all happy to claim a great achievement of progress but are not necessarily willing to initiate and lead it.

I echo the contribution of my colleague the Hon. Robert Simms just now in acknowledging the work of people such as the Hon. Michelle Lensink and the Hon. Ian Hunter in this chamber but also people like former Attorney-General Vickie Chapman for her leadership in a party possibly more hostile than we currently see in this particular parliament.

I reflect also on the final contribution of former Attorney-General Peter Duncan when he quoted former Prime Minister Paul Keating that 'The reward for public life is public progress.' Public progress does come at great cost, often, to those who lead the charge, and it is a great benefit for those who benefit from it. But it is something that is always fragile.

Fifty years on from the debate where we as a chamber and parliament decriminalised male homosexuality, for it to have taken many decades to see those spent convictions of historic crimes actually expunged and even then for the administrative ability for those crimes to be expunged to be limited to only family members of those gay males who were criminalised by a much more moralistic parliament of the past is not good enough.

We cannot simply rest on our laurels. South Australia must continue to lead. We should not lag, and we should have the courage and bravery in this place to stand up for those who are marginalised and othered more often rather than waiting for the opinion polls to lead us. We as members of parliament should be leading more often. With that, I commend the motion.

The Hon. J.S. LEE (16:12): I rise today also to speak in support of the motion to honour a landmark moment in our state's history—the 50^th anniversary of the decriminalisation of male homosexuality in South Australia. On 27 August 1975, our parliament passed the Criminal Law (Sexual Offences) Amendment Act, which came into effect on 2 October that year. While the federal government had passed a motion supporting decriminalisation in 1973, this had no real legislative impact, and two years later South Australia became the first jurisdiction to take the momentous step of reforming its criminal code.

This reform was not just legislative; it was deeply personal for many South Australians who had lived under the shadow of criminalisation simply for being their authentic selves. They faced arrest, conviction and public shame simply because of who they loved. The impact of such fear and isolation cannot be underestimated, and I join honourable members in expressing my sincere regret to the many South Australians who were convicted and impacted by laws that denied their dignity and humanity. As someone who has always championed diversity and inclusion, I believe that this commitment must extend to every corner of our society. Every person in our community has the right to feel safe, to live freely, to live peacefully and to belong, no matter who they are and who they love.

Celebrating our LGBTQIA+ community reflects my commitment to putting community first, recognising their contributions and ensuring that every South Australian feels seen, heard, valued and respected. In 2025, we commemorate this nation-leading legislation and celebrate the resilience, strength and perseverance of the LGBTQIA+ community.

We stand proudly with all South Australians who continue to advocate for visibility, inclusion and equality. We also celebrate the many other milestones of law reform that South Australia has achieved, from anti-discrimination protections to equal rights for same-sex couples, banning conversion practices and beyond. These reforms have helped build a society based on fairness, respect and compassion where diversity is not just accepted but embraced.

I wish to extend my sincere thanks and congratulations to trailblazers, advocates and activists, whose fierce determination and courage have changed our society for the better by being more inclusive. I also join other honourable members to acknowledge and give special thanks to the Hon. Ian Hunter, the Hon. Robert Simms, the Hon. Tammy Franks and the Hon. Michelle Lensink for their strong leadership and advocacy in this area.

There are still many challenges and barriers faced by the LGBTQIA+ community, and this anniversary is an important opportunity to reflect on how far we have come and make the commitment, because we still need to do a lot more work towards equality, inclusion and respect for all South Australians. With those remarks, I commend the motion to the chamber.

The Hon. C. BONAROS (16:16): I rise very briefly to associate myself with the remarks of the honourable members in this place today and honourable members who were here well before us in terms of all the work that went into these reforms and to thank them for their tireless advocacy, their persistence and their determination. I, too, would like to extend my thanks to members who are here today—the Hon. Ian Hunter, the Hon. Rob Simms, the Hon. Tammy Franks, the Hon. Michelle Lensink and former Attorney-General Vickie Chapman—amongst so many others, who have all stood firmly in support of these laws and all the other reforms that have taken place since then.

I take this opportunity to thank each and every individual who was involved in these law reforms. I think it is fair to say that most of us strive to leave this place having achieved something, and very few of us leave this place having achieved something so historic. We owe a debt of gratitude to each and every individual, whether they were in this place or outside of this place, and in every capacity and in every role that they played. As the Hon. Jing Lee just said, these are trailblazers and this is what South Australia is best known for. I extend my thanks to everybody for their tireless advocacy, work, determination and persistence. Let's see more of it.

Debate adjourned on motion of Hon. I.K. Hunter.