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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-10-16 Daily Xml
Contents
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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 14 October 2025.)

The Hon. J.M.A. LENSINK (15:21): I rise to make some remarks in support of this motion, which is being moved by the Attorney-General to mark 50 years since the decriminalisation of male homosexuality in South Australia. On 27 August 1975, this parliament passed the Criminal Law (Sexual Offences) Amendment Act, making South Australia the first jurisdiction in Australia to decriminalise male homosexuality. The act came into operation on 2 October that year, and with it our state began a journey of reform that would be later mirrored across the nation.

Of course, we all know in South Australia that the catalyst for that was the drowning of George Duncan in 1972 on 10 May, which was obviously a tragic and horrendous act, and those who were responsible for his death have never been brought—justice has never been brought for George Duncan. It is certainly horrendous that it took that act for South Australia to change its laws and so less of it being about us as a state being naturally progressively minded, but responding to something that was as horrific as that.

On the positive side, it was a legislative change which has led to cultural shifts to recognise that people should be able to be living their best lives without being marginalised or criminalised or shamed simply for being who they are. It is fitting that we celebrate this 50th anniversary and also remember that there were many people who suffered under the laws that denied them equality, so the motion rightly expresses regret to South Australians who were charged and convicted of offences that should not have ever existed.

Earlier this month, a number of us had the honour of taking part in the re-enactment of the historic parliamentary debates at the time. There was certainly, I think, a sense of the history of the moment, particularly because we had some of the members of parliament who had participated in the passage of the legislation able to be there and speak in this place.

It was a momentous occasion which I do not think was lost on anyone. In particular, Peter Duncan flew back to South Australia to make his contribution, which was not actually the words that he spoke at the time but certainly reflected on the legal changes. We also heard from Anne Levy, who introduced that piece of legislation in the Legislative Council chamber. It was fantastic to hear from both of those individuals.

The Hon. Murray Hill, who introduced the first legislation in Australia, obviously passed away some years ago, but it was fantastic to have here his son, the Hon. Robert Hill, a former senator, and his wife, Diana, who were very instrumental in the 1972 Murray Hill legislation coming into being. I did ask Robert if he was prepared to do the speech, and in his dry way he said he was a bit too old to participate in acting effectively, so I had the great honour of doing the excerpt from his speech.

I would also like to, as part of that process, particularly acknowledge Tim Reeves for the fantastic work he did in making sure that the time that we spent speaking accurately reflected the debates at the time. Rather than us reading everything verbatim, he painstakingly went through all of the speeches that took place and was able to pull out the really important aspects of the debate.

I also acknowledge Ian Hunter, who chaired our multipartisan committee, and Rob Simms, both of whom I think have done a huge amount of work behind the scenes—and their staff, I might add. I acknowledge Kirby as well, from the Office of the Premier and Cabinet. Without all of their hard work, this certainly would not have happened.

Each of the members of the committee had the opportunity to speak. We also had Paul Starick read out a number of editorials and letters to the editor at the time, which I think also very well reflected the debates. The Advertiser, interestingly, took a very positive view of law reform. I think it was really important that The Advertiser showed that level of leadership, to ensure that the public debates reflected various views and certainly did present both sides of the argument.

Murray Hill was the first legislator in Australia, as I mentioned, to introduce such reform. It would have been very difficult for him to do that at the time, I think, certainly in that period and in times since. For him to have introduced a law which challenged the existing law and to do that in a jurisdiction for the first time, he would have been subject to whisper campaigns and all sorts of things.

I think both he and other people who had advocated for this law reform were forced to deny that they were homosexual, as if that was an issue, but that shows the level of pettiness that people would go to in order to undermine the debate. He spoke quite clearly to say that people come before other interests, and he had been very moved to introduce this law. Of course, Australia was not the first place where this law reform took place but had the advantage of the British parliament changing its laws previously, and he was able to lean very much into the Wolfenden report that had been tabled, which advocated for change.

I think it is worth also mentioning that as part of this process with our 50th anniversary committee Simon Royal was commissioned to do an essay, which covers all of this in great detail and which I think is available on the DHS website. Ian is nodding. Simon Royal is a master of telling a story, particularly historical stories. He has done a lot of work and interviewed a range of people and the essay is called 'Out Law to Just Law: SA's Path to Gay Law Reform'.

He interviewed the Hills as part of that process and in Simon's essay it details—and I heard this directly from Diana Hill myself—that, as a new psychologist, one of the first tasks Diana had was to convert a young gay man because at that stage, of course, homosexuality was considered a mental illness and had its own place in the DSM (Diagnostic and Statistical Manual of Mental Disorders). As a psychologist, she was tasked with trying to convert him from being gay, which, she actually said, she thought was completely ridiculous.

This thing had been a subject of discussion around the Hill family table. Robert Hill had a role working with the Crown Solicitor's Office to try to assist his father to put together a piece of legislation. Of course, that law was not to pass and it had amendments to it. I will not go into all of those details which made it not as desirable as it could have been, but I think it does demonstrate that there were attempts being made from my side of politics.

There have been a number of reforms since. Obviously, people who are members of the LGBTIQA+ community still continue to suffer marginalisation and discrimination, so we still have a way to go, but it is deserving to reflect on the history and over the passage of time that a number of the debates at the time do not stand up very well to scrutiny of the language. I think we would probably use quite different language in this day and age, but it does demonstrate that we have come some way in this journey and it was a very significant reform that is worth celebrating.

The Hon. I.K. HUNTER (15:32): On 17 September 1975, South Australia became the first jurisdiction in Australia to decriminalise male homosexuality with the passing of the Criminal Law (Sexual Offences) Amendment Act in the Legislative Council. We are here celebrating 50 years on, yet the path to legislative reform was not as easy as some people today think it might have been, nor was it inevitable that South Australia would have been first but for an unfortunate incident three years prior at around 11pm on 10 May 1972 when Adelaide University Law Professor Dr George Duncan was thrown into the River Torrens. He could not swim. He only had half a lung and received a broken leg on that occasion and consequently drowned.

The banks of the River Torrens were a popular gay beat for gay and bisexual men and married men who hooked up with men on the side, and it was known as the 'number 1 beat'. This was also a popular spot for vice squad officers to throw homosexual men into the river. The vice squad routinely called these evenings 'teaching the poofters how to swim lessons'.

Dr Duncan was not the first man to die for his sexuality, or because of his sexuality, but he certainly was not the last. But his death ignited calls that would bring resounding change not just to our state but later on to the rest of the nation—a long time later for states like Tasmania. For the benefit of the chamber, I will briefly summarise that pathway to legislative reform.

As the Hon. Michelle Lensink just outlined, the Hon. Murray Hill MLC, member of the Liberal Country League, introduced the Criminal Law Consolidation (Homosexuality) Amendment Bill in the Legislative Council. The original intent of that bill was to decriminalise male homosexuality; however, amendments moved by some of his colleagues essentially eviscerated that intent, leaving homosexual sex as a criminal act, albeit allowing for a defence if it occurred between two people or two men over the age of 21 in private. Later on, on 19 September 1973, Peter Duncan MP, the newly elected member for Elizabeth, introduced the Criminal Law (Sexual Offences) Amendment Bill in the House of Assembly. The bill was amended in the House of Assembly before being defeated in the Legislative Council. Between 1973 and 1975 the bill would be introduced and defeated two more times.

Throughout these years, there were numerous petitions tabled in both houses objecting to the introduction of legislation to legalise sodomy between consenting adults until such time as the parliament had its clear mandate from the people by way of a referendum. In total, there were over 11,264 signatures, I am advised, objecting to decriminalisation. Nevertheless, public support was growing and on 27 August 1975, Peter Duncan MP once again introduced an unamended Criminal Law (Sexual Offences) Amendment Bill in the lower house. It passed all stages in one day and, on 28 August 1975, the Hon. Anne Levy MLC introduced the bill into the Legislative Council. Finally, on 17 September 1975, the bill passed, making our state the first state in the country to decriminalise male homosexuality.

When I was 14 this legislation passed, and I was 15 when it received royal assent. I remember at the time feeling that a huge weight had been lifted from my shoulders, and that I would not be growing up to be a criminal and subject to the criminal law. But, of course, the passage of that legislation did not remove prejudice or discrimination overnight. Indeed, it was still present and whilst it was reassuring to know that I would not be going to jail for who I am, I still knew that I had better keep myself quiet on the issues of sexuality and not 'come out'—as the term is—until certainly I was away from home and certainly away from school. It just was not safe.

A few years later, after that legislation passed, we were in a fight again to change more legislation, but we were fighting on two fronts: an attempt to change the equal opportunity legislation—or it was the anti-discrimination bill at the time—and also in a fight for our lives in terms of the AIDS crisis hitting us in the early 1980s. The Labor government, in 1984, introduced the anti-discrimination bill—that was an election promise—and the title would be later amended, I think in this chamber, to what we know today as the Equal Opportunity Bill.

For myself and a number of other young queer activists at the time, this was a call to arms and a call to be active politically. We advocated for the inclusion of a clause of sexuality into the bill as grounds for discrimination. Many of the honourable members in this chamber at the time were not too thrilled with those efforts. I made a speech to the Law Society a few months ago about the journey of this equal opportunity legislation. I read parts of the record from members who were outraged at the suggestion that sexuality should be included in the Equal Opportunity Act as grounds for discrimination.

They wondered loudly in this chamber why on earth the government would be thinking to do that and who was instigating that call. They had heard no such call, received no such correspondence, and were flummoxed as to why it was needed. But, of course, it was the gay community at the time who said, 'We are still being fired from our jobs. We are still being refused our rental accommodation. We are still being thrown out of clubs because of who we are and who we love.'

After quite a heated debate, a lengthy debate and a long conference between the houses which finished I think at about 3am one morning, the bill was finally passed. I do not say this terribly often about the Hon. Robert Lucas, but he was instrumental, in fact, in having the numbers in the Legislative Council for maintaining that clause, that sexuality be included in the Equal Opportunity Bill.

The majority for that was I think 11 votes, and there was one other Liberal member who voted with him on this, and I cannot quite remember who it was, but the Hon. Mr Lucas was very clear in his contribution—

The Hon. J.M.A. Lensink: Martin Cameron.

The Hon. I.K. HUNTER: It was Martin Cameron, correct. With an amendment that he moved to satisfy himself that it would be properly phrased in the legislation, the Hon. Mr Lucas stood quite firm against considerable pressure from his own side to have that clause removed, and I thank him to this day because without those two votes—his vote and Martin Cameron's vote—we would not have that clause in that 1984 bill.

The inclusion of sexuality into that legislation was possibly a very simple inclusion, but it made a huge difference in the lives of the queer community in South Australia at the time. It meant that we were afforded the same protections as other South Australians in employment, in education and in life in general.

Most importantly for people at the time, they were discriminated against most egregiously in terms of the provision of accommodation. Many, many people lost their rentals because the landlords found out that they were gay. Many, many people were sacked and removed from their jobs because their employers found out that they were gay. These protections made it illegal for people to do that. Of course it still happened, but there were many cases taken to the equal opportunity commissioner to be rectified.

Alongside that ongoing political debate we also had to battle the issues of HIV/AIDS and, if anyone—well, not many of you here in the chamber were alive or around at that time. In fact, The Advertiser had reversed its previous policy of being small 'l' liberal to being incredibly hysterical. Page after page, on their front banner was a gay plague. The isolation of homosexuals, forced quarantining of them onto islands, compulsory testing and surveillance of gay men were calls that were printed in The Advertiser day after day. But luckily, because we had been organised as a community around the equal opportunity legislation campaign, we were pretty well-organised to meet and fight the campaign run by The Advertiser and others in the community about HIV/AIDS.

We were also blessed at the time with our health ministers. We know that South Australia had one of the best HIV/AIDS responses nationally and even internationally. That was due to the government's early engagement with the gay community and with evidence-led treatment from our experts, rather than responding to moral panic. We need to thank the Hon. Neal Blewett and the South Australian health minister John Cornwall for their considered response and their leadership at that time, which steadied the ship and allowed us as a nation to actually undertake responses to HIV/AIDS that were, as I said earlier, world leading.

Despite the crisis, or because of it, our community came together. We set up organisations to support each other, such as the AIDS Council of South Australia, the Gay Community Centre, the Gay and Lesbian Counselling Service, and the Darling House Community Library. These community-led initiatives built our strengths and our resilience to enable us to pursue these campaigns throughout the eighties. But, as I said earlier, hate and vilification did not disappear overnight; in fact, they got a new lease.

I spoke in this chamber, not too long ago, about recent attacks across the nation against gay men, same-sex attracted men, who have been lured into orchestrated attacks through online platforms and dating apps, largely by groups of young men. It is unsettling for me that this online conservatism and bigotry has involved young men to use violence to attack, traumatise and blackmail men, still to this day.

It is true that there has been a very large shift in public opinion on homosexuality in this country over the 50 years. In 1975, opinion polls at the time suggested that only 57 per cent of the community supported decriminalising homosexuality. According to the long-term polls by Roy Morgan, from 2000 to 2001 only 36 per cent of respondents agreed that homosexuality was immoral. Around the time of the marriage equality debate in 2017, this dropped to only about 18 per cent of respondents around Australia thinking that marriage equality, homosexuality and the fight for our rights was immoral. That has subsequently edged back up to 21 per cent, I am advised, which is no surprise, I suppose, given the conservative attacks on young trans kids that have been happening in this country over the last 24 months, or three years.

The Advertiser's Paul Starick recently brought these stats to my attention and also to the attention of the Hon. Robert Simms. The Hon. Robert Simms expressed surprise that the figure was quite so high. I was surprised that it was so low. That probably reflects—I do not want to say our respective ages—our different life expectations and experiences; that sounds a little bit better! I lived through a worse time than perhaps the Hon. Robert Simms did.

There has been a steady stream of legislative reform for our community over the last several years, for which I am grateful. I want to acknowledge, without naming them all, the work of many of South Australia's parliamentarians for their efforts to better the lives of queer people in South Australia over the decades. Their work has led to several legislative changes aimed at removing areas of discrimination.

I will just briefly list some of them. On 14 November 2013, the Spent Convictions (Decriminalised Offences) Amendment Act was passed, allowing pre-1975 offences that constituted homosexual acts to be expunged from the record. In July 2016, the Statutes Amendment (Gender Identity and Equity) Act passed, which amended several acts to remove binary language regarding sex and gender, improved provisions on how the law applies to intersex or gender diverse people and removed language that was discriminatory from our legislation.

The Birth, Deaths and Marriages Registration (Gender Identity) Amendment Act, passed in August 2016, provided a simpler and less invasive process for people to change their registered sex or gender identity on formal records. The Adoption (Review) Amendment Act, which supported the adoption of children by same-sex couples, passed on 7 December 2016. One day before, on 6 December, the Relationships Register Act passed, which simplified processes for same-sex couples to demonstrate their relationship to government agencies and service providers. On 15 February 2017, the Statutes Amendment (Surrogacy Eligibility) Act passed, which altered access and eligibility provisions for surrogacy, assisted reproductive treatment and recognition of legal parentage.

The South Australian parliament passed the Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act in November 2020. The bill abolished the discriminatory defence for murder known as the gay panic defence. It came a decade too late. We were the last state in the country to eliminate this defence, and I am very grateful to the Hon. Vickie Chapman for moving on this when she was Attorney-General. In September 2024, we passed the Conversion Practises Prohibition Act, outlawing repressive conversion practices directed at changing or suppressing the sexual orientation or gender identity of individuals.

Notably, in December 2016, the Premier, Jay Weatherill apologised to the queer community in South Australia. I might just read into the record the motion. It is brief, but just to remind ourselves what we did in 2016:

1. That this house recognises that many lesbian, gay, bisexual, transgender, intersex and queer community members have been discriminated against by South Australia's legislation.

2. We accept that while South Australia has long been a leader in LGBTIQ reform, more must be done.

3. To LGBTIQ community members discriminated against in legislation, we offer you our unreserved and sincere regret and are sorry for those injustices.

The Premier went on to say in his contribution on that motion:

When our laws discriminate against a particular group of people, it sends a message that this prejudice written into law justifies treating people differently in our day-to-day lives. Such laws do not affect only the LGBTIQ community, they diminish our society as a whole. They diminish us by saying effectively that there are certain people who deserve to be treated differently, whose relationships are worth less, whose families should not exist, who are not entitled to the same fundamental rights as their neighbour.

The Hon. Steven Marshall, then Leader of the Opposition, later Premier, said:

I rise today to support the Premier's motion. It is not always that we can agree about matters before the house, but the Premier and I do so today because this motion is just and it is necessary. While it is a motion dealing with the past, I hope it will help lesbian, gay, bisexual, transgender, intersex and queer members of our community to enjoy a future of inclusion, allowing them to realise all of their dreams and all of their ambitions.

It is important today, as it was then in 2016 and as it was back in 1975, to remind ourselves that what we do in this place has real impacts on the lives of people, particularly, I think, on young people—young people who are starting to realise that their sexuality is not likely to probably be what we would call straight and who are looking for support, who are looking for inclusion and who are looking for recognition that they are valuable members of our community.

The Hon. Premier Jay Weatherill said in his closing remarks, when he introduced that motion into the chamber:

Finally, I spoke to a gay man earlier today and asked him what he felt this apology meant to him. He told me that he grew up in a time when homosexuality was unlawful. When he was growing up he could not see a future for himself, and that hurt him. So to him, and in particular to the young people who are here today, I especially want to address the young people who are not only in the chamber but perhaps listening to this or might find out about these remarks. I want you to know that who you are is okay and that you are a welcome part of the broader South Australian community. Today as Premier and as a member of parliament, I formally say sorry to all of you who have suffered injustices and indignities simply because of who you are.

I, here, with all of you today, celebrate the 50th anniversary of the decriminalisation of homosexuality with a feeling of joyfulness, but most importantly gratitude, because I lived through those 50 years and I know exactly what it means. We battled bigotry, homophobic comments, hostile rhetoric against ourselves and our community. Those of us who champion personal and human rights in this place have to continue to work and engage with our community, consider their perspectives and to right wrongs when they occur so that we can make their lives better—that is our job.

Over the past year, I have had great pleasure in chairing Premier Malinauskas' commemorative committee to celebrate the 50th anniversary of that 1975 legislation. The committee oversaw a series of events throughout May to November of this year to commemorate the anniversary and produced a physical program, and throughout that process we engaged a large and diverse range of groups, stakeholders and individuals to participate in the celebrations.

Initially, members of the committee thought we would be organising a simple re-enactment in parliament, but once it got out to the community that we were doing this it became very obvious that many people and organisations wanted to be involved with us. It turned out that it grew bigger than Topsy, and a number of organisations and events participated in that program over six to eight months. Just some of them were as follows.

Leading the Nation exhibition, by the State Library; On the Move: Adelaide and LGBTQ Migration exhibition, by the History Trust of South Australia; It's In Our Nature: A Queer Trail of the Museum, by the South Australian Museum; The Pinnacle Foundation's Big Queer Charity Quiz Night; Pride Gala, with Pride Adelaide; Pride Round, by the Adelaide Uni Sharks; Pride Tennis Serving Pride Initiative; Lunch with Professor Barbara Baird AM, by Rainbow Hub SA; It's a Sin: Songs of Love and Shame, by the City of Marion; Australasian HIV and AIDS Conference, by ASHM; Annual Hardcourt Tournament, by Pride Tennis; Commemorative Walk, by Hike Society Adelaide (which I understand the Hon. Michelle Lensink was a participant in—I met them at the coffee shop later, due to my dicky knee); Breaking Barriers: 50 years since the Decriminalisation of Homosexuality in South Australia, an exhibition at the University of Adelaide; Intrastate Volleyball Tournament, by the Adelaide Spikers Volleyball Club; Pride Cup, by the Murder City Roller Girls; Poppin Out Street Party, with Mary's Poppin; Better Together Conference, with Equality Project; Feast Festival; The 1975 Decriminalisation of Male Homosexuality Debate Re-enactment at Parliament House; Pride March; An Audience with Don Dunstan, with the History Trust of South Australia; Equal Opportunity South Australia: Looking Back and Looking Ahead, with the Law Society of South Australia and the Equal Opportunity Commissioner; From Decriminalisation to Future Reform: Fifty Years of LGBTIQ+ Legal Progress in South Australia, at the University Adelaide Law School; 50 Years since the Decriminalization of Homosexuality in South Australia discussion Panel, with the History Trust of South Australia; History Walk, with Dr Gertrude Glossip and Thorne Harbor Health; Dr Duncan Commemorative Run, by the Adelaide Frontrunners; Queer Perspectives in Art Trail, with the Art Gallery of South Australia; Civic Display of Archives, by the City of Adelaide; Rainbow Crows Quiz Night; and Bloomin' Fabulous Flower Power Runway, with Thorne Harbor Health.

Yesterday, I think Minister Blair Boyer was out on the steps in some pink shorts, driving Don Dunstan's Datsun up and down outside Parliament House, which caused a flurry out on the street.

For all of their hard work I thank the other members of the committee, including the Hon. Robert Simms, the Hon. Michelle Lensink, the Hon. Lucy Hood and the Hon. David Pisoni and our committee secretary, Kirby-Alyce Welk. It has been truly encouraging to watch as South Australia's queer community has come together to celebrate this great occasion. It was bigger than we thought it would be, but it just shows how impacting this 50-year celebration has been on our community.

I will end there. I think it is important for us to understand that, as I said earlier, the things we do in this place have real ramifications out there in the community, for ill or for good. I want to particularly remind younger members of the queer community, I want them to know that on their path and as they realise the person they are and will become there are people in this place and the other place who will be there for them. They are not alone. Members in parliament will stand up for their right to live their authentic lives. We will fight to protect their freedoms, to be who they are and love who they choose to love, and even if some of us individually will not be here into the future, we will make damn sure that our replacements do that job as well.

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:55): I want to thank my parliamentary colleagues who have contributed on this motion: the Hon. Michelle Lensink, the Hon. Tammy Franks, the Hon. Connie Bonaros, the Hon. Jing Lee, and in particular my friends the Hon. Robert Simms and the Hon. Ian Hunter. I also acknowledge a very similar motion in the other place that was moved by former Deputy Premier Dr the Hon. Sue Betty Close. When you look at that list of humans, it is a pretty remarkable list of pretty good humans who have spoken on this motion.

It is almost impossible for us today to imagine that only 50 years ago, in the lifetime of people who are in this parliament, being a gay man was effectively a criminal offence in South Australia. Since then, as has been noted by speakers, South Australia has continued to lead on LGBTQIA+ reform with the passage of legislation on equal opportunity, anti-discrimination, same-sex parenting rights, de facto and marriage equality, the ending of the gay panic defence and vital public health advances.

I am exceptionally proud to be part of a parliament that has contributed to our state's legacy of reform with the passage during this parliamentary term of the Conversion Practices Prohibition Bill last year. As the Hon. Ian Hunter read out, a quote from the Hon. Jay Weatherill referring particularly to young members of this community, 'Who you are is okay,' and that conversion practices bill reinforced that you are loved just the way you are. You do not need to change.

These achievements that we have heard about during the course of this motion did not happen by accident. They were driven by courage, compassion and unwavering belief in equality. I would like also to thank those advocates, community members and allies whose courage transformed the lives of those and whose efforts continue to shape a more inclusive South Australia. Your courage and leadership has brought us here. To those still fighting today: we stand with you.

Motion carried.

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