Offences that can be removed

Some of the words used are offensive, but were the legal words used at the time.

Decriminalised sexual offences:

  • buggery - males having sex with each other
  • gross indecency by a male person with another male person
  • procuring or attempting to procure an act of buggery or gross indecency between two other persons
  • soliciting with a view to inducing another person to commit an act of buggery or gross indecency, if doing so causes offence to the other person
  • any other offence involving consenting adults (or in some cases 16 or 17 year olds) engaging in sexual intercourse, or another form of sexual activity.

Some public decency offences can be spent if:

  • the police and courts used public order offences to punish behaviour related to homosexuality, e.g - charges of ‘disorderly or offensive behaviour’ or ‘offensive language’
  • you were convicted of a non-sexual offence and you think you were only charged because your behaviour was related to homosexuality.

Page last updated 23 January 2023

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Attorney-General's Department
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