Monday, 31 August 2015

Expunged homosexual conviction attribute added to Equal Opportunity Act

A new attribute to the Equal Opportunity Act has come into effect making it unlawful to discriminate against a person on the basis of an expunged homosexual conviction.

Up until 1981, it was possible to be convicted of certain sexual and public morality offences. Although these laws no longer exist, the criminal records arising from those offences have remained for some people for over 30 years.

The purpose of the new attribute is to remove the stigma of a criminal record along with the practical impediments created by having a criminal conviction in Victoria such as a person’s right to travel or to find a job.

The expunged conviction will not be released as a part of a criminal history check and people will be protected from having to reveal an expunged conviction, including under oath.

Applications to expunge an historic homosexual conviction are processed by the Expungement Scheme of the Secretary of the Department of Justice.

More information can be found in the factsheet below.

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