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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-08-20 Daily Xml
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Motions

Decriminalisation of Homosexuality 50th Anniversary

S.E. ANDREWS (Gibson) (11:30): I move:

That this house—

(a) recognises that 2025 is the 50-year anniversary of the decriminalisation of homosexuality in South Australia;

(b) acknowledges the leadership of Premier Don Dunstan and Attorney-General Peter Duncan in ensuring South Australia was the first Australian jurisdiction to undertake this important reform;

(c) celebrates South Australia as being at the forefront of progressive reform in Australia; and

(d) remembers the sacrifices of the LGBTIQA+ community in ensuring this reform, particularly the late George Duncan.

I rise today to mark an important anniversary in the history of our state and our nation. This year, 2025, represents 50 years since the decriminalisation of homosexuality in South Australia—a reform that placed our state at the forefront of progressive change in Australia and sent a clear message that discrimination and prejudice have no place in our laws. It is fitting that we recognise the leadership of Premier Don Dunstan and Attorney-General Peter Duncan in bringing this reform to fruition in 1975. Their commitment to equality and justice was steadfast, even in the face of resistance. They demonstrated that political courage can achieve profound and lasting change.

South Australia has long been a leader in progressive reform, from being the first place in the world to grant women the right to vote and stand for parliament to advancing Aboriginal land rights, to being the first jurisdiction in the nation to recognise the dignity and rights of LGBTIQA+ people. These milestones reflect the values that underpin our state: fairness, equality and respect for all.

In commemorating this anniversary, we must acknowledge the sacrifices of the LGBTIQA+ community, whose determination and resilience made this reform possible. For too many, the years prior to 1975 were marked by fear, injustice and stigma. People risked their careers, their safety and their relationships simply to live authentically. We particularly remember the late Dr George Duncan, a respected academic, whose death in 1972 in a suspected hate crime shocked our state and became a catalyst for reform. While justice for Dr Duncan was never fully realised in the courts, his name became synonymous with the movement for equality and the demand that our laws protect—not persecute—our citizens.

The passage of the decriminalisation legislation in 1975 was not the conclusion of this struggle. In the 50 years since, the fight for full equality has continued through the recognition of same-sex relationships, marriage equality, antidiscrimination protections and greater visibility in public life. Yet our work is not finished. Discrimination persists and prejudice can still be found both overtly and subtly in our communities. For instance, the use of a homophobic slur by our role models, despite having extensive training, and knowing the consequences, can change the trajectory of how someone perceives their value as a human being, and it can therefore change their life. Words matter.

This anniversary serves as both a moment of celebration and a reminder of our ongoing responsibility to ensure that equality is a lived reality for every South Australian. As we honour this milestone, we recommit ourselves to the principle that no-one should have to hide who they are to be safe, respected and free. We reaffirm the belief that love in all its forms is a fundamental human right. Fifty years on, South Australia can be proud of its legacy in leading this historic reform. Fifty years on, we commit to continuing this leadership with compassion, with justice and with the unwavering conviction that progress must never stand still. I commend this motion to the house.

Mr TEAGUE (Heysen—Deputy Leader of the Opposition) (11:34): I rise to support the motion and commend the member for Gibson for bringing it, and for her contribution to the debate and leading the motion. The motion is in this year, 2025, drawing particular attention to the significant anniversary of 50 years since the decriminalisation of homosexuality in South Australia, and it is cause for reflection that that is the territory that the public debate was in, in South Australia, as recently as the mid-seventies.

That we are here standing in this place speaking up against all forms of discrimination still today shows that we might have moved some way away from a debate about decriminalisation, but there is still a live and important need to speak up about the significant achievement 50 years ago, and about the ongoing need to speak up against all forms of discrimination—and that is both in the public and the private sphere.

I had the fortune to be invited just a couple of hours ago now to speak briefly to several hundred year 10 students who had gathered for the Active Citizenship Convention just over the way at the Adelaide Oval. In giving a short outline of what it is to be active in representing communities, I just highlighted that aspect of something I hope is relevant for even high school students in their day-to-day lives, which is the ongoing process of developing a multicultural South Australia and the history of our multicultural origins over the better part of the last couple of hundred years, and that we are now at a point in the world where we are properly moving, I think in terms of our debate, to one of active antiracism. I think that that increasingly sits alongside an ongoing debate against discrimination, and that is really where the work is ongoing.

There is another important point to be made in the context of this motion, and that is drawing particular attention, as it does, to the death of Dr George Duncan in 1972. Dr Duncan was entitled to live his life—and to do so privately—and to be living his life, as it was, of achievement at the university, alongside colleagues and those he was working with day to day, free from discrimination.

He did not need to be a public advocate or a celebrated figure for reason of his sexuality, and it is really a terrible thing to reflect on the fact that the death of George Duncan in 1972 in those violent circumstances could have been a catalyst—as it clearly was—to the actions that were taken in that year and then in subsequent years, ultimately towards the decriminalisation in 1975. George Duncan was entitled to his privacy. It is a further tragedy that he and his death have to be so centrally the subject of the public outrage that catalysed the reform.

I want to recognise the Dunstan government for ultimately achieving that decriminalisation in 1975. I also want to recognise the Liberal member of the Legislative Council, Murray Hill, for having introduced the first legislative attempt to decriminalise homosexuality in July 1972, just shortly after the death of George Duncan. These steps—clearly the decriminalisation—are a matter for legislation and a matter for public debate and a public step. So much of this concerns the private lives of people who are entitled to live free from discrimination and, if they choose, free from the public spotlight on their sexuality.

Might I just reflect, as well, on where we have come over these last 50 years. Let us remember: the Sydney Mardi Gras that might be mistaken for a great big party these days in Sydney—it is a big event—had its origins very much in the context of criminalisation, a protest against police brutality and a protest against violent treatment against those who were wanting to speak up in Sydney back around that time. So we have certainly come a long way over the 50 years from a debate around decriminalisation to a debate about anti-discrimination.

I certainly add my voice to speaking up for the work that is still to be done from those younger in our community all the way through to those who can remember the process that has been the subject of these last 50 years since that moment of legislation in 1975. I commend the motion.

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services, Minister for Seniors and Ageing Well) (11:43): The 50th anniversary of the decriminalisation of male homosexuality is indeed a year for us to reflect on many things that have happened in our community. It is very special to so many South Australians. This legislative reform paved the way for other states to consider how they could reform their discriminatory legislation. It was achieved through grassroots community activism, as are so many good progressive changes in our community. The brave politicians also challenged systemic injustice to bring about this change.

South Australia was the first Australian state to take this step on 17 September 1975, when SA under the excellent Don Dunstan's Labor government became the first Australian jurisdiction to pass a bill to decriminalise male homosexual activity. This landmark reform was prompted by the attack of Roger James and Dr George Duncan in 1972—both men brutally attacked and thrown into the Torrens from the footbridge. Of course, we know and history will tell us that Roger James survived this attack and managed to raise the alarm, but Dr Duncan, who could not swim, drowned.

George Duncan's murder case was never solved. His death, however, has changed Australian lives forever. Three years later was when South Australia became the first English-speaking state in the world to decriminalise homosexuality. The bill was brought via a private member's bill by then Attorney-General Peter Duncan. I will use the beautiful words of Katina of Flamboyance Tours, and some members here may have been on one of these excellent Adelaide-based walking tours. She said:

In many ways, the case helped lay the groundwork for greater social acceptance, even though justice for George never fully materialized. The unresolved mystery of his death remains an emblematic part of South Australia's history, reminding us of the importance of fighting for equality and justice—no matter how elusive that justice might seem.

Those words mean a lot to me. These rights that were secured can never be taken for granted and they are not a given. In fact, after being such groundbreaking and leading reform, it was in 2020 when South Australia became the last state to repeal the gay panic defence. We as legislators must stay vigilant and ready to champion the cause for freedoms fought for and still needed to be won for cohorts who may not have a loud, active or heard voice.

This special anniversary of 50 years has a team of very quiet people behind it, leading a charge of extra special celebration and commemoration. I will note the Premier's commemorative committee, with the Hon. Ian Hunter as the Chair and other members: the Hon. Michelle Lensink and the Hon. Rob Simms from the other place, and from our chamber the member for Adelaide, Lucy Hood, and the member for Unley, David Pisoni.

Also worth noting is the wonderful work of three of those people, in Michelle Lensink, Lucy Hood and Rob Simms, who co-chair the Parliamentary Friends of the LGBTIQA+ Community. While all members of the committees are doing and have done a wonderful job, I would like to spend a minute particularly mentioning members from the other chamber, the Hon. Ian Hunter and the Hon. Rob Simms.

These men are incredible leaders, brave, bold champions. I am happy, delighted and proud to call them friends. These are both openly gay men. They do an outstanding job representing South Australia in our parliament, with the Hon. Ian Hunter, a member of our Australian Labor Party, having served in the South Australian Legislative Council since 2006, championing many, many causes. He has also served as a minister across a range of portfolios for many years and led many committees—standing committees, select committees—and helps to whip everyone in line in the other chamber and make sure that everyone is there saying what they need to say, when they need to say it, and doing what he does as the whip.

In fact, he made history in 2012 as the first openly gay sitting member of an Australian parliament to marry. There are many people in this place who would remember that special occasion and some who would have attended it. He left Australia to marry his long-term partner, Leith, in Spain because, shamefully, Australia still at that point had legal restrictions on same-sex marriage. Ian has been a huge and vocal advocate for the LGBTIQA+ community, for their rights and their voice, often changing policies that conflict with his commitment to equality. He is brave and bold and speaks out, and he is an incredible resource for all of us here in parliament and a really wonderful advocate.

Rob Simms serves as a member of the South Australian Greens in the other chamber. Rob was the first openly gay man elected to the federal parliament, in around 2010, from memory. As I understand it, Rob remains the only openly gay South Australian man to be elected to the federal parliament. I am sure that will change at some point.

While in federal parliament, Rob was a strong and consistent proponent of marriage equality and many LGBTIQA+ rights, and he continues to be a powerful voice here in our state parliament. Both Ian and Rob continue to play crucial roles in advocating for the rights of the LGBTIQA+ community in South Australia and reflect the state's commitment to inclusivity and equality. On our website, the Department of Human Services shows all the celebration events commemorating this occasion that we are involved in this year. I would encourage members to explore that and attend as many events as they can. I have been to a few myself. It is well worth it.

I would like to thank DHS for being an enduring and proud advocate for this community. I thank them and all the members of what we call the QMAC committee, people with lived experience who work so hard, and have worked so hard—the current and past members—to provide me with direct conversations and input around policies affecting the LGBTIQA+ community. I commend this excellent motion by the member for Gibson to the house.

Ms CLANCY (Elder) (11:51): I rise today in support of the motion put forward by my good friend the member for Gibson, recognising that this year is the 50th anniversary of the decriminalisation of homosexuality in South Australia. I know many in our community, particularly younger South Australians like Charlie, who is a year 12 from Unley currently in my office doing work experience, would be shocked to hear that being gay was illegal in our state only 50 years ago, during my parents' lifetime and the lifetime of many members in this place.

Today is an opportunity for us to all reflect on the courage, leadership and sacrifice of the LGBTIQA+ community that brought South Australia to the forefront of equality and justice. This anniversary also reminds us of South Australia's proud tradition as a leader in progressive reform. From women's suffrage to Indigenous land rights, to the milestone we are recognising today, our state has consistently stood at the forefront of justice in this nation.

In 1975, South Australia became the first jurisdiction in our country to decriminalise homosexuality between consenting adults, three years before New South Wales and a full 22 years before Tasmania finally followed suit. At a time when prejudice and fear were written into our laws, this reform was a profound statement that love and identity should never be criminal offences. This achievement was not accidental. Today, we recognise the vision and determination of reformers like Premier Don Dunstan and Attorney-General Peter Duncan, leaders who guided our state through a moment of moral clarity, ensuring we removed one of the most shameful stains on our legal system.

We must also remember the context that led to this legislative reform. As has been raised by others, in 1972 University of Adelaide lecturer Dr George Duncan was killed by a group of men. At the time, the southern bank of the Torrens River near Kintore Avenue was a popular place for gay and bisexual men to meet. It was here that Dr Duncan and Roger James were thrown into the river, and Duncan, being unable to swim, drowned. Out of fear for their own safety, none of the witnesses of this attack would identify the perpetrators, who are believed to be police.

Dr Duncan's death was a national shock, revealing to many Australians, unfortunately for the first time, the devastating consequences of intolerance and hatred. The decriminalisation of homosexuality cannot be separated from this story, and neither can it be separated from the countless LGBTIQA+ South Australians whose lives were diminished, hidden or destroyed under these unjust laws.

In supporting this motion, we also honour the sacrifices of so many who suffered under laws that denied their humanity. While Dr Duncan's death was a catalyst, it was the courage of everyday South Australians, from activists to students to allies, that turned grief into change. Throughout the 1970s, queer South Australians took to the streets. They marched, they protested and they demanded to be treated with dignity.

The first gay and lesbian rights protests in our city were not just celebrations; they were acts of defiance in the face of adversity. Those who marched risked losing their jobs, their families and friends, and even risked their safety. Today, the LGBTQIA community continues to draw strength from these moments in history. The progress that has been made in marriage equality and anti-discrimination protections stands on the shoulders of the brave South Australians who took to the streets more than 50 years ago.

I am proud today and every day to be part of the Malinauskas Labor government and we have contributed to building that history. With the passage of the Conversion Practices Prohibition Act last year, our government banned harmful conversion practices as of April. This ban sends a clear message to all South Australians of diverse genders and sexualities: you are not broken, you do not need fixing, and you are loved and valued for who you are.

Today, let us recognise and celebrate this motion, but also know the fight is not over. Queer people still face discrimination, violence and mental health challenges, with higher rates of suicide and suicidal distress. I want to thank members of the community and organisations like SARAA, Thorne Harbour Health, and SHINE SA, that have shared their experiences with me as the Premier's Advocate for Suicide Prevention.

I also want to recognise that trans and gender-diverse people in particular are still fighting the same kinds of battles that gay men fought and won 50 years ago. I am very proud to support this motion, proud that South Australia continues to lead the way, and proud to reflect on the shared history that fuels our present struggle. I commend the motion.

The Hon. D.G. PISONI (Unley) (11:56): I am very pleased to stand up here as a South Australian born and bred to know that back in the seventies we did lead the way here in South Australia to decriminalise the act of male homosexuality because it was never illegal for women to be in same-sex relationships because Queen Victoria would not sign off on that. She could not see how women could do it and so, consequently, it never became law in Britain. Obviously, in our early stages as a colony of Britain, our law very much mirrored what was happening in Westminster.

The Hon. Murray Hill, who was Senator and Minister Robert Hill's father, first brought a bill into the other place, as a member Legislative Council, to limit the decriminalisation of homosexuality. That was unfortunately unsuccessful, but it did start the process.

I am very proud that it was a federal Liberal government that delivered a change in the Marriage Act that enabled people of the same sex to marry. I remember at the time that I was never really a fan of the plebiscite model, but in the end it was so successful with, I think, a 63 or 64 per cent yes vote in support of same sex marriage that it has taken it off the political agenda forever. If that was a decision that was made in the parliament, I think people would still be talking about it today. It was a very strong signal from the people of South Australia.

I cannot help but think that those who came up with the plebiscite idea were from the conservative part of the Liberal Party. I am sure that they were so out of touch with their communities, particularly Tony Abbott, whose electorate voted overwhelmingly—one of the biggest yes votes—for same-sex marriage. He was convinced a plebiscite would fail if it went to the people. The Australian public showed just how supportive they were of equality in marriage and equality in the community in general by supporting that by two-thirds.

Ironically, the federal seats that returned a no vote were predominantly seats in Western Sydney, seats that were heavily populated with Islamic communities and seats that had large numbers of other ethnic groupings. We still have work to do, of course, because there are still some cultures that believe that it is not an acceptable way to live. We see it internationally on a regular basis. We know that there are some cultures where the punishment for homosexuality is death. It is an extraordinary situation that in the 21st century we still see that.

The plebiscite example reminded me of what is the nearest comparison we have in this chamber. If you look at the portrait of Joyce Steele up on the wall there, she was elected to this place 65 years after women were given the right to be elected to the South Australian parliament. It was the first place in the world for that to happen, yet that again was the result of conservatives trying to sabotage the bill at the time.

After New Zealand became the first place in the world to allow women to vote, South Australia brought their own legislation into this place. Those members who thought it was just outrageous that women would be able to have a say on who their elected members were going to be thought that they might be able to stop this outrageous and radical legislation by amending it to actually allow women to run for parliament as well.

They supported that amendment, believing that it would be too radical for those who were sitting on the line on this legislation and they would not support the legislation if it also allowed women to become members of parliament. But of course the amended bill passed, and not only were women able to vote in South Australia but it was the first place in the world where women could also stand for elected public office. That is something that I am very proud of as a South Australian.

We had reforms in the 1970s, a lot of social reform. I think that it was very much welcomed; it was very timely. With social reform, social licence is an important factor. I think we saw in the case of Joyce Steele that the social licence took a little while to catch up to the parliament, which was ahead of the day. It was 65 years from when women were able to be elected to this place that a woman was actually elected to this place.

We move into the early 2000s, 16 years of continuous Labor government, and this state was the only place in the country where the gay panic defence was still available for somebody who may have beaten up a gay man because he might have asked them if they wanted to have a drink or go out to dinner. They were so offended by that that they would beat that person up, in some instances maybe resulting in manslaughter. It was a lesser offence because you were so put out or so upset, so provoked because somebody had asked if you were interested in a relationship.

I thank Vickie Chapman for taking that on. She was the first South Australian female Attorney-General to bring that to this place and successfully get it through. What she also did was make sure that that change to the law—this was an excuse that Michael Atkinson used to use for not changing the law—made sure that women could still get out of domestic violence situations in extraordinary circumstances without being trapped with the removal of the gay panic defence.

There was mention of the conversion practices bill. I know that, generally, the gay community were disappointed with that bill because it exempts religious organisations. Quite frankly, they are the only organisations that practise conversion therapy. Neo-Nazis who might parade around wanting to get rid of the gay community, or some other extremist groups not connected to religion, do not offer or force conversion therapy. It is churches that force conversion therapy. It is a much bigger thing, of course, in the United States than what it is here.

Unfortunately, the bill that went through this place under this government ignored those practices in the religious context, so there is still more work to do in that space because that is where the damage is done. The coercive control legislation, again, only dealt with intimate partners. It did not deal with children, and there are practices there with adult children in particular who may still be under the influence of their parents. So we still have a lot more work to do when it comes to liberties and the treatment of people as equals.

Ms HOOD (Adelaide) (12:07): I also rise in support of this motion. The reform we recognise in today's motion was born of great tragedy, the brutal murder of Dr George Duncan on the banks of the River Torrens, and the courage of those who refused to let his death be in vain: people like Peter Duncan, Murray Hill, Don Dunstan and the incredible Anne Levy. I also want to acknowledge my former employer, The Advertiser newspaper, which ran an editorial in July 1972 with the headline 'Legalise homosexuality'. Half a century later, we honour not just this law change but the generations of LGBTIQA+ South Australians who have fought for and continue to fight for equality, dignity and visibility.

I am greatly honoured to be on the Premier's commemorative committee for the 50th anniversary of the decriminalisation of homosexuality, along with the member for Unley in this place and in the other place the Hon. Ian Hunter, the Hon. Rob Simms and the Hon. Michelle Lensink, and I do want to in particular acknowledge the Hon. Ian Hunter for the way in which he has led our committee.

It was wonderful to all come together for the launch of the program at Hotel Indigo just a couple of months ago and to be able to celebrate and acknowledge the number of events that we are organising to recognise this anniversary. Many are great celebrations: we have recently had the Pride Gala awards, the famous Marys Poppin will be having their street party this year, and we have the wonderful Feast Festival and the Picnic in the Park, which will have a new venue in my community in Whitmore Square in the CBD. Excitingly, that event will be free to enter and will be for all ages. I look forward to going along with my children.

It is not just about the parties; it is also about the conversations that we are having on this topic and just this week the Hon. Ian Hunter will give a 40-minute lecture as part of the Equal Opportunity SA Pride in Law, Charter Hall and the Law Society of SA event which will be under the title of Equal Opportunity in South Australia: Looking Back and Looking Ahead.

Next Thursday I will have the great honour of being part of a series of speakers at the University of Adelaide talking about 50 years of law reform in this area and importantly we will be joined by Adelaide-based historian Dr Tim Reeves, who is the acknowledged authority on the Dr Duncan case, which was the catalyst for this reform, and we are very much looking forward to his insights over this reform period of 50 years.

As well as being on the Premier's Commemorative Committee, it is my great honour as well to be one of the cofounders of the Parliamentary Friends of the LGBTIQA+ Community, alongside the Hon. Rob Simms and the Hon. Michelle Lensink. We established this group a couple of years ago to say that this place is a place where you have allies for the LGBTIQA+ community, and it has been a really wonderful group to be able to bring people and members of that community together to acknowledge our achievements such as the banning of conversion practices, and also work together on how we can move our community forward.

With those brief remarks, I want to say that on this anniversary, we recommit ourselves to building a state where every person is free to live, love and be who they are without fear, prejudice, and with great pride.

S.E. ANDREWS (Gibson) (12:11): I would simply like to say thank you for the very thoughtful and considered contributions made on this motion by the deputy leader; the Minister for Human Services, Nat Cook; the member for Elder; the member for Unley; and the member for Adelaide.

The DEPUTY SPEAKER: Just before I put this motion—and I thank the speakers—I would like to add a few comments myself. I think this motion is an important one. It is interesting, given the debate we are having at the moment about sport and this topic, and a whole range of other topics. Really the principle should be that any behaviour or language that diminishes another person is just not okay, full stop, that is it. I think if we live by that principle we would get along quite well.

Motion carried.

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