An application is available to submit a conviction for a service offence involving historical homosexual activity assessed for extinguishment from their record.
The application:
- is free and confidential,
- does not require the person to appear in a court or make legal submissions
- can be made by the person, or on behalf of somebody else (including somebody who has died).
The content in the application form and the application process may be distressing. It is encouraged to seek support, whether that be a trusted person, a colleague, or a professional support service. If the person is in immediate danger, call 000. Defence support services are available via the Crisis support page.
A confidential chat can be set up to discuss the application with the Extinguishment Scheme Secretariat via the contact on this page.
Who can apply
A person who has a conviction of a historical homosexual service offence or their representatives, including for somebody who has died, or a person with a special interest in the conviction.
A person with a special interest in the conviction might include the person’s:
- spouse/partner, child, parent or sibling
- chosen family
- executor
- personal representative (such as an attorney).
It might also include others who are directly connected to the matter. For example, if a person was identified in the proceedings as the ‘victim’.
Convictions that can be extinguished
This scheme can be used to apply for having historical service convictions of homosexual service offences extinguished. These are offences under various legislative regimes that are governed under Australian military discipline up to and including the Defence Force Discipline Act 1982 (Cth).
For a conviction to be extinguished, it must have involved a person engaging or procuring a person to engage in sexual intercourse or another form of sexual activity with another person of the same sex. It is also an historical homosexual service offence if it consisted of attempting, conspiring, or inciting the commission of such an offence.
A conviction must not be equivalent to any conduct that would constitute an offence if it were instead a person engaging in, or procuring, the same consensual conduct with a person of a different sex.
Thus means:
- there are no grounds for suspecting the conduct was non-consensual
- the ‘victims’ of the conduct were of age
- there are no aggravating circumstances that would make the conduct an offence despite it being consensual homosexual conduct (such as abuse of rank or power, sexual activity within the chain of command or breach of an order by trainees engaging in any sexual activity)
- where the conduct does not involve actual sexual activity, the conduct would not have been considered offensive at the time if it were between 2 people of different sexes. For example, if a person had been charged with offensive behaviour for kissing their same sex partner in public, it would not have been considered offensive if they were of different sexes.
Other schemes:
- If the conviction relates to a civilian state or territory offence under the relevant legislation, contact the state or territory to apply through their expungement scheme.
- To apply for review of the mode of transfer or separation from service on another basis, including for medical or administrative reasons, where that historical separation was based on homosexual conduct, complete the form 'Application for review of transfer and/or separation under the Defence Regulations 2026' found on the Financial support page.
How to apply
Defence understands that these matters took place a long time ago and the person may not remember a lot of detail. An application can be submitted that is not complete, including information they can recall to the best of their ability, if a person believes they or someone else was charged with an offence because of consensual same-sex activity or expression.
The information collected will help Defence locate official records. Defence can get information on the person's behalf that can help the person to choose to continue with the application or not.
Complete and submit the application form, along with any supporting documents, to military.justice.consultation@defence.gov.au
Alternatively, the application form can be mailed to:
Private and Confidential
Extinguishment Scheme, c/o Directorate of Military Administrative and Discipline Law, Defence Legal
PO Box 7980
Canberra BC ACT 2610
Application process
After Defence receives the application, Defence will send an acknowledgement notice through the preferred method of contact.
Defence will then identify and collate historical conviction records held by relevant government entities (such as Defence, the Australian War Memorial and the National Archives), and then send this information to the applicant for review. Defence will be in contact if more information is required to identify records or assess the application.
If the person wants to proceed with the application after review of the information, they do not need to do anything. If the person chooses to withdraw their application, they will have at least 28 days to contact Defence.
After no less than 28 days has passed, a centralised delegate supported by legal and personnel specialists will decide whether the application is successful or not. Defence will advise the decision , and the reasons for it, through the preferred method of contact.
If the application is unsuccessful, the person can apply to the Chief of the Defence Force (CDF) for review of the delegate’s decision. The CDF will then decide to either affirm the decision or set it aside and replace it with a new decision.
What it means to extinguish a conviction
If a conviction is extinguished, it will be removed from relevant service, conduct, and unit records. Defence will not disclose information about the extinguished conviction.
Historical records will either be annotated to show that the conviction is expunged or electronic records may be amended.
The person is not required to disclose, for any purpose, that they were charged with or convicted of the extinguished offence. The person may lawfully state, whether on oath or otherwise, that they were not charged with or convicted of the offence. An extinguished conviction will not appear on a criminal history check and cannot be disclosed to civilian police authorities.
This reflects a commitment to recognising past harm and supporting the person to move forward without this history being held against them.