Campaign for Age Of Consent awareness & removal of The Sodomy Law in Queensland

*Age Of Consent & Legal Sexual Activity for the State of Queensland, Australia - A campaign to remove our Sodomy Law (which was enacted in 1990).

what the law means...an easy to read pamphlet...a brief story of the campaign so far...homosexual law reform history in Qld...Government legislation referencesCorrespondence Summary List...   RETURN to opening page

From the website of Queer Radio, the gay & lesbian Community Radio program on 4ZZZ fm102.1 in Brisbane, Australia. File and website maintained by Queer Radio presenter & coordinator John Frame.

Correspondence Summary List... Correspondence Summary List…  

Items are in reverse chronological order - from the most recent back to 19th February 2000, with a brief description of each document.

Click the date of each item to go to the FULL TEXT of that document (with hyperlinks to jpeg images of the original documents):

 

30th January 2012 Email to Premier Anna Bligh and Attorney-General Paul Lucas. Regarding the finalisation of the Change.org petition which I had opened on 14th December 2011 and which I state that I closed on 28th January 2012 in order to give you sufficient time to be prompted into action by those 254 signatures from around the world. The covering letter for the petition, which includes the reasons people gave for signing, is stored on my site at: http://www.queerradio.org/EqualAgeOfConsentPetition_covering_letter_30Jan2012.pdf. I beg you to give one last moment of serious consideration to making all Queensland youth equal under the law.

 

 

9th January 2012 Email to Premier Anna Bligh and Attorney-General Paul Lucas. Regarding my email to the Courier Mail in which I highlight that Queensland has the potential to mirror Malaysia in the prosecution of its draconian sodomy law. I state This law conflicts with overwhelming public understanding and acceptance that all people deserve to be treated with equity, whether they are male or female, gay or straight. Queensland's youth are placed at unacceptable risk of abuse and suicide by this law which can see them prosecuted and imprisoned for up to 14 years, merely for physically expressing their love.”

 

 

21st December 2011 Letter from Attorney-General Paul Lucas. Regarding 1st December 2011 email in which I praised the Bligh Government for passing the Civil Partnerships Bill, but also requested that they show the same level of commitment to equity by enacting equal age of consent reform. The response from Senior Policy Advisor Jasmina Joldie says, in essence, that the Premier is the one who has decided that the Party will continue to follow her public statement that the Government has no plans for enacting equal age of consent reform.

However the only time that Premier Bligh has ever made any public statement on this issue was on Madonna King’s radio show talkback on ABC612 on 27th October 2007 , when young gay Brisbane man Peter Ridgley had asked her "I was wondering when the Queensland Government was going to change the age of consent laws between differing sexual activities from 18 for anal intercourse to 16 to be in line with vaginal intercourse?" and she replied: “Peter, our Government has no plans to consider that issue. So I guess that the answer to your question is that there is no time frame because we have no plans in relation to that.”

So that’s hardly a public statement by which the Premier can ever claim to be obliged to stand in perpetuity.

 

 

18th November 2011 Email to Hon Premier Anna Bligh, Hon Attorney-General Paul Lucas, Neil Roberts MP and to Courier Mail "Letters" regarding the statement by psychologist Paul Martin in support of equal age of consent reform for the sake of our state’s youth.

 

“On 18th November 2011 highly respected Brisbane psychologist Paul Martin, of the Centre For Human Potential, issued a very strong public statement in support of urgent action by your Government to enact equal age of consent reform. The text of his complete statement is included below, and is also stored for public access as a pdf file on my site at:

http://www.queerradio.org/Paul_Martin_CFHP_support_for_equal_age_of_consent_reform.pdf . Paul Martin's contact details are included in his statement.

 

The sad truth is that our state's youth are suffering, and lives may be lost, on every day that the Government delays this long overdue reform. Since 2003 Queensland has been the only region in Australia which does not have a truly equal age of consent.”

 

 

12th November 2011 Email to Hon Premier Anna Bligh, Hon Attorney-General Paul Lucas, Dean Wells MP, Neil Roberts MP and to Courier Mail "Letters" regarding this day’s announcement that the Gold Coast in Queensland has been named as host of the 2018 Commonwealth Games, I wrote:

“Will the Queensland Government finally enact an equal age of consent at 16? Or will it be warning the rest of the Commonwealth that their 16 and 17 year old gay athletes will face up to 14 years jail if they choose to do sex while they are here for the 2018 Commonwealth Games?

 

The current Queensland Sodomy Law makes Australia one of the worst Commonwealth nations in regard to the treatment of homosexuals. The law is both damaging and degrading to local homosexual youth - and it is an appalling embarrassment in terms of global human rights.

 

While Bligh Labor still have the chance, they must act urgently to remove Section 208 from the Criminal Code - for the sake of our state's youth, and of Australia's international reputation.”

 

 

7th November 2011 Letter signed and posted to each of the 51 Labor Party Members of Parliament in Queensland. I highlight that the window of opportunity for enacting an equal age of consent is closing rapidly, and that it will be lost completely when the LNP win the 2012 election. I quote substantially from Dr Wendell Rosevear OAM (from a statement I recorded on 18th October 2011), who speaks of the necessity of true legal equality for youth:

  “I think we need to make the age of consent equal because the truth is we need to make all people feel equally valuable. If you want safety in society you need to have equal value of every person whether it’s a male or a female, straight or gay. Otherwise people feel less valuable, or different, or stigma.”

  “The other thing is in terms of preventing youth suicide, and in terms of creating safe sex information so that people can value themselves and protect themselves from sexual transmitted diseases like HIV and Syphilis and Gonorrhea and Chlamydia – not just HIV. We need to be able to educate people so that they can value themselves and use information to protect themselves.”

  “I’m really keen that we don’t stigmatise people, otherwise we get bullying, or we get violence, or we even get homophobic murder – and I know of at least 7 cases of homophobic murder in Queensland. So we need to attack homophobia, and one of the ways we do that is to say that everybody is valuable. If we have a law that says “you are not equally valuable”, then that law is toxic. We can’t afford those beliefs because otherwise we get what I call “preventable violence” in our society.”

 

 

6th October 2011 Email to Premier Anna Bligh. Regarding her 4th October 2011 video contribution to the USA based “It Gets Better” campaign, which aims to support same sex attracted youth who are at risk of depression, self-harm and suicide. I remind the Premier that her Labor Government has not yet enacted the necessary legislation reform which is needed to fully protect and support Queensland’s own same sex attracted youth. Queensland’s unequal age of consent criminalises same sex attracted youth and validates the actions of any bully who wants to abuse or attack them.

 

 

16th September 2011 Letter from the Office of Attorney-General Paul Lucas. This letter was received as a pdf file attachment to a 26th September 2011 email in response to my 18th August 2011 email. Senior Policy Advisor Jasmina Joldie advises: I know that this is not the reply that you hoped for. I note that you have very strong views on the issue and you have presented your arguments for law reform in this area with great passion and tenacity. However, the Government’s position remains the same, it has no immediate plans to review or amend the law around the age of consent.

 

 

18th August 2011 Email to Premier Bligh, Attorney-General Lucas, MP Neil Roberts (Cc to Yahoo groups AusQueer and ARCQ). In response to the 6th July 2011 letter received from the Attorney-General’s Senior Policy Advisor Tess Bishop. I write that: Tess reiterates that the Government has no plans to act on equal age of consent reform, however this was also the first time that any correspondence from the Government had included an attempt to argue the case for their inaction. Sadly Tess merely states the very obvious – that age of consent laws exist to protect young children from harm, and that the Goss Labor Government set a higher minimum age for anal intercourse when it otherwise decriminalised sex between men in 1990. She fails to address the key reason why the age of consent ought be equal for all youth at 16 – which is that the Government’s own 1990 Parliamentary Criminal Justice Committee on Reforms in Laws Relating To Homosexuality had officially specifically recommended that it be so. This is Recommendation 7, the only one of the Report's 9 Recommendations which was not applied in the resultant legislation.”

 

I also declare: All of the required public and expert consultation has been done over 20 years ago to fully justify equal age of consent reform in Queensland. The only reason I can see for the Government not acting already is that they must not care enough about the welfare or rights of same sex attracted youth - and while that seems to have been proven by the stonewalling response by both the Beattie and Bligh led Labor Governments for the last 11 years, I'd like to believe that reform is still possible - and that logic and compassion will prevail.

 

So here's one more desperate plea for urgent, 20 years overdue, action to enact an equal age of consent at 16 - while you still have the numbers to ensure passage of the Bill. If you fail to do this you should all feel eternally shameful and personally responsible for any young gay or bisexual men who are self-harmed, infected with HIV or who suicide, purely because their Government insisted on defining the realisation of their sexual desires as being a profoundly serious criminal offense.”

 

This email was confirmed in a 7th September 2011 letter which I posted to the Premier, Attorney-general and to Neil Roberts MP.

 

 

 

6th July 2011 Letter from the office of Attorney-General Mr. Paul Lucas in reply to my 17th May 2011 email. Senior Policy Advisor Tess Bishop reiterates that the Government has no plans to act on equal age of consent reform, but this is also the first time that any correspondence from the Government has included an attempt to argue the case for their inaction. Sadly she merely states the obvious – that age of consent laws exist to protect young children from harm, and states that the Goss Labor Government set a higher minimum age for anal intercourse when it otherwise decriminalised sex between men in 1990. She fails to address the key reason why the age of consent should be equal for all youth at 16 – which is that the Government’s own 1990 Parliamentary Criminal Justice Committee on Reforms in Laws Relating To Homosexuality had officially recommended that it be so (this is Recommendation 7, the only one of 9 Recommendations which was not applied in the resultant legislation).

 

The 1990 PCJC Report , on pages 44 – 50, justified Recommendation 7 by quoting from the testimonies of experts and others who had participated in the Public Hearings which were held on 6th August 1990 and 7th August 1990. Recommendation 7 (supported also by Chairman Peter Beattie) was that: THE COMMITTEE RECOMMENDS THAT THE AGE OF CONSENT FOR HOMOSEXUAL ACTS IN ACCORDANCE WITH THE PRINCIPLES OF SEXUAL EQUALITY AND ANTI-DISCRIMINATION BE THE SAME FOR MALES AS IT IS FOR FEMALES, IRRESPECTIVE OF WHETHER THE SEXUAL ACT IS HETEROSEXUAL OR HOMOSEXUAL. (THIS PRINCIPLE IS HIGHLIGHTED IN POINT ONE ON PAGE 60 OF THE (Criminal Justice) COMMISSION’S REPORT.)

 

 

2nd June 2011 Letter from Director-General of the Department of Justice and Attorney-General, Philip Reed. In response to my 17th May 2011 email to the Attorney-General and the Premier. Mr. Reed advises: “Your correspondence is currently receiving attention and a response will be provided to you as soon as possible.”

 

This is the first time that I have ever received correspondence from the Director-General of the Department of Justice and Attorney-General, and I can only hope that it is an indication that Attorney-General Paul Lucas has requested a recommendation on reform action from his Department.

 

 

17th May 2011 Email to Premier Anna Bligh, Attorney-General Paul Lucas, Neil Roberts MP and Dean Wells MP. On this day opinion polls predicted a continuing trend of failing popularity for Queensland Labor, with the strong likelihood of them being thrashed in the 2012 election by a margin of 2 to 1.

 

Again I urge the Labor Government to demonstrate that it can live up to its own moral principles, as written in its Policy Platform, and enact equal age of consent reform, at age 16, while they still hold a clear majority. They know that this reform is justified and long overdue – they just need to find the fortitude to act by their conscience and ensure that this legislation is safely passed, because it will never be enacted by the outspokenly homophobic Liberal National Party

 

 

8th April 2011 Letter from Senior Policy Advisor on behalf of Attorney-General Paul Lucas. In response to my 28th February 2011 email to the Attorney-General and the Premier, in which I had highlighted a 27th February 2011 Sunday Mail article which discussed the very real risk of suicide for homosexual youth caused by Government refusal to treat homosexuals with genuine equity. In this reply the new Attorney-General makes I clear that the Premier is calling the shots on this issue – and that she has stated that there are no current plans for reform action. 

 

NB: Paul Lucas is the sixth Labor MP to have been appointed as Attorney-General since this campaign began in February 2000. He was preceded by Cameron Dick, Kerry Shine, Linda Lavarch, Rod Welford and Matt Foley. All of them have failed in their duty of care for the welfare of Queensland youth, and in their responsibility to reflect Labor’s Policy Platform in the enactment of law reform (i.e. in ensuring equity in laws related to age of consent).

 

 

28th February 2011 Email to Premier Anna Bligh and new Attorney-General Paul Lucas Regarding the Sunday Mail online article 27th Feb 2011 “Queensland homosexual youth still find it a battle to 'come out' " - in which esteemed local psychologist Paul Martin discusses the very real risk of suicide for homosexual youth caused by Government refusal to treat homosexuals with genuine equity. I state that equity in age of consent is one thing that the Queensland Government can do to reduce the suicide risk.

 

 

30th November 2010 Email to Premier Anna Bligh and Attorney-General Cameron Dick (Cc Neil Roberts MP) Regarding the Courier Mail article 30th Nov 2010 “Indians proudly parade in landmark gay gala”. I remind the Premier and Attorney-General that in February 2010 Australia’s former High Court Justice Hon Michael Kirby CMG had cited the July 2009 legal reform in India as proof that Queensland is wrong to continue to deny equal age of consent reform. I also refer to my September 2010 guest address to Rainbow Labor, the consequent resolutions passed by several Labor Party branches and to my discussion on changing attitudes among Labor MPs with Dean Wells MP in October 2010.

 

 

1st October 2010 Email to Premier Anna Bligh and Attorney-General Cameron Dick. Regarding the 2nd June 2010 declaration by Queensland Council for Civil Liberties of support for equal age of consent reform; also the impending 20th anniversary of the “Sodomy Law”. 

 

 

8th June 2010 Letter from a Policy Advisor on behalf of Attorney-General Cameron Dick. In response to my 10th May 2010 letter to each individual Member of Parliament which included a copy of the 3rdFebruary 2010 statement by Michael Kirby. Note that this letter is worded to suggest that Premier Anna Bligh is the specific person responsible for the ongoing blocking of equal age of consent reform.

 

 

25th May 2010 Letter from Opposition Leader John-Paul Langbroek. In response to my 10th May 2010 letter to each individual Member of Parliament which included a copy of the 3rdFebruary 2010 statement by Michael Kirby. NOTE: Mr Langbroek writes that the Liberal/National Party views the unequal age of consent as being fair, because it technically applies to any person. That misperception was an intended consequence of the original Section 208 and 209 re-wording of the Criminal Code in the Bill which decriminalised sex between men in November 1990. Anal intercourse had traditionally been a virtual synonym for “homosexual sex” and that’s precisely why the Parliamentary Criminal Justice Committee made the following majority Recommendation in their 1990 Report No 2, on Reforms In Laws Relating to Homosexuality: RECOMMENDATION 7: THE AGE OF CONSENT FOR HOMOSEXUAL ACTS IN ACCORDANCE WITH THE PRINCIPLES OF SEXUAL EQUALITY AND ANTI-DISCRIMINATION BE THE SAME FOR MALES AS IT IS FOR FEMALES, IRRESPECTIVE OF WHETHER THE SEXUAL ACT IS HETEROSEXUAL OR HOMOSEXUAL.” 

 

 

10th May 2010 Letter to all Queensland Members of Parliament (posted individually to their electorate office). I draw their attention to the 3rd February 2010 statement by retired High Court judge Hon. Michael Kirby in which he clearly states that Queensland’s discriminatory age of consent law should be reformed. The letter follows up an email sent to each Member of Parliament on 21 April 2010 to account for the possibility of any of the emails having been blocked by spam filters.

 

 

1st March 2010 Email with to Premier Anna Bligh and Attorney-General Cameron Dick. Regarding the 3rd February 2010 statement by the Hon. Michael Kirby AC CMG of strong support for equal age of consent reform in Queensland. Michael Kirby retired as a Justice of the High Court of Australia in February 2009.   The email contains the full text of the statement by the Hon. Michael Kirby (rather than adding the pdf file as an attachment or risking that the recipient wouldn’t bother to download it).

 

 

10th December 2009 Email with confirmation letter to Premier Anna Bligh, Attorney-General Cameron Dick and to my local MP Hon. Neil Roberts. Regarding the QNews magazine article “Gay Sex In Queensland – 20 years legal, but still not equal” by John Frame published 4th December 2009. The email contained the full text of the article and the confirming letter included a copy of the printed article as an attachment.

 

 

4th December 2009 Feature article by John Frame published by QNews magazine in their 4th December edition (#235) on page 9 “. Slightly edited for space by Toby Longhurst, with the headline “Gay Sex In Queensland – 20 years legal, but still not equal”.

 

 

23rd September 2009 Email to all Queensland Members of Parliament (sent individually). I draw their attention to my article which was published 10th September 2009 by the ABC Unleashed online forum and which drew (as at 30/9/09) 109 comments – the vast majority of which were supportive of equal age of consent reform at 16 in Queensland.

 

 

29th July 2009 Email to Premier Anna Bligh, Attorney-General Cameron Dick and to the Courier Mail as well as The Australian. On the previous evening, 28 July 2009, Tony Fitzgerald – author of the 1989 Fitzgerald Report on widespread official corruption in Queensland – spoke at Griffith University. He strongly criticised the Queensland Labor Government of the last 12 years for failing to take measures to curb or eliminate identifiable areas of corruption. I write pointing out that they have also deliberately failed to take action to follow the clear Fitzgerald Report related recommendation for a truly equal age of consent. I conclude by asking “Are they waiting for another Fitzgerald Inquiry to twist their arm?”

 

 

1st July 2009 Email to all Queensland Members of Parliament, as well as to the Courier Mail. Federal law reforms which take effect from today will apply the same commitments and rights to all Australians, making no distinction between same sex couples and opposite sex couples (except in regard to marriage). The promotional slogan prominently advertised by Centrelink has been "COUPLES ARE COUPLES". However in Queensland that is simply not true. Centrelink will assess 16 and 17 year olds in same sex couples in exactly the same manner as opposite sex couples. However, in Queensland alone, same sex coupled 16 and 17 year old males will continue to face criminal prosecution and up to 14 years imprisonment if they choose to engage in sexual intercourse.

 

I pose two questions:

 

(1) As Members of Parliament, regardless of your personal moral conviction, you are all mature men and women. How many of you would reasonably expect that 16 and 17 year olds who are living as a couple would not be engaging in sexual intercourse?

 

(2) How many of you would expect that it would be fair for young same sex couples in Queensland to be criminalised on the basis of how they express love through sexual activity?

 

 

29th May 2009 Email to Premier Anna Bligh, Attorney-General Cameron Dick, my local MP Neil Roberts and to the Courier Mail. I point out that I have discovered that, since at least 2008, Queensland Labor’s official Policy Platform has included written support for equal age of consent reform: Section 7.9 of the Justice and Governance Chapter has been: "7.9 Labor will ensure uniformity of age among laws relating to the age of consent for lawful sexual activity;". Also on 18th October 2008 Queensland Labor’s Kingston Regional Conference officially called for the Attorney-General to act on that policy, but there was no response from the Attorney-General.

 

I ask “Since it is clearly Queensland Labor's own written official Policy to act on equal age of consent reform, when will the Queensland Government bring this state into line with the rest of Australia in allowing equal protection and support of ALL youth by amending the Criminal Code to define a truly equal age of consent?” No response was received.

 

 

24th April 2009  Email to Queensland Attorney-General Cameron Dick. I refer to my  21st April 2009 letter and I correct my statement about the age of an adult under Queensland Criminal law. I very recently became aware that the age has been 18 (and not 17 as I had thought) since at least 1994. I also praise the Attorney-General for his 23rd April 2009 maiden speech in Parliament, as per the Courier Mail’s 24th April 2009 report: QUEENSLAND'S new Attorney-General and Industrial Relations Minister has looked to a former Labor premier for inspiration during his maiden speech. Mr Dick said former premier T.J. Ryan, who was elected to Parliament a century ago, epitomised the fierce, uncompromising and passionate advocate for the Labor cause. "Ryan believed in fairness and equity; in social, economic justice," Mr Dick said. "But, most importantly, he believed to his core in the never-ending and always necessary need for reform and progress. These are Queensland values. They are enduring Labor values. And they will guide me during my period of service in this House and industrial." 

 

 

21st April 2009 Letter to newly appointed Attorney-General Cameron Dick citing Qld Anti-Discrimination Susan Booth’s 15th July 2005 letter calling for urgent reform and offering a brief outline of how the unequal age of consent should never have been passed. I show that there is no Hansard evidence of any Member of Parliament arguing either for or against a higher age for anal intercourse in the three opportunities for them to do so. I state that Queensland Labor has a proven record that they have a moral obligation to enact equal age of consent reform and ask for an honest commitment and effective timeframe for action. Premier Bligh has advised that the decision on reform is entirely in the hands of the Attorney-General and we can only hope that this new Minister will prove himself to be a man of integrity and action.   

 

 

20th October 2008  Email to Editor of the Courier Mail (C.c. to Premier Anna Bligh and Attorney-General Kerry Shine) in which I highlight that Queensland’s Anti-Discrimination Commissioner advised the Government on 15th July 2005 that the discriminatory unequal age of consent is in clear contravention of Article 26 of the International Covenant on Civil and Political Rights.  This was the argument which brought international pressure to force law reform in Tasmania in 1994. I state that “A United Nations Human Rights Committee challenge should not be necessary when any delay affects the health and well being of thousands of our state's youth.” 

 

 

20th  June 2008 Email to all Queensland Members of Parliament, as well as to the Courier Mail and other media. I highlight that the Bligh Government flatly refuses to justify why it is delaying equal age of consent reform. I remind the Members that an unequal age of consent should never have been passed in the first place back in 1990 by the Goss Labor Government. I point out the extremely homophobic statement made in the 1990 PCJC Report by the National and Liberal Committee Members (calling for it to be a crime to even say that it was OK to be gay) and I suggest that the attitudes of Members of Parliament ought to have progressed significantly in keeping with the general public. Finally I call for all-party support for urgent reform. 

 

 

12th  May 2008 Email to Tim Herbert, Senior Policy Advisor to Queensland Attorney-General Kerry Shine. I refer to his 12th May 2008 emailed response to my own emails dated 12 April 2008 and 16April 2008. Tim’s very brief response merely reiterated that the Government has “no immediate plans to amend the existing law” – he did not respond to my request for actual reasons for their inaction. In this email I ask, once more, for the specific reasoning held by the Government for their refusal to enact an equal age of consent, which places Queensland youth – alone in all of Australia – at increased risk of abuse, self-harm, suicide and sexually transmitted disease infection (including HIV).  

 

 

12th May 2008  Email from Tim Herbert, Senior Policy Advisor to Queensland Attorney-General Kerry Shine. A minimalist reply which makes no attempt to answer any of the questions raised in my emails dated 12 April 2008 and 16April 2008. Tim’s very brief response merely reiterates that the Government has “no immediate plans to amend the existing law” – he did not respond to my request for actual reasons for their inaction.

 

 

30th April 2008  Email to Premier Anna Bligh and to Attorney-General Kerry Shine referring to the 30th April 2008 announcement by Federal Attorney-General Robert McLelland that the Rudd Government would be acting to fix 100 identified areas of national law which currently discriminate against same sex couples. I state that “The Rudd Government's action is highly praiseworthy - however equality in Queensland needs to first take the step of bringing its legal treatment of same sex attracted youth into line with the rest of Australia, by equalising the age of consent”.

 

I also question the validity of the Bligh Government’s claim that there are widely held views in opposition to this reform – citing the fact that a statewide hour long program on the ABC local radio network (7-8pm, 23 April 2008) discussed Queensland’s unequal age of consent in detail – and yet not one person opposed the suggestion that the age of consent should be truly equal at 16.

 

 

16th April 2008  Email to Editor of the Courier Mail (C.c. to Premier Anna Bligh and Attorney-General Kerry Shine) regarding their 14th April 2008 article in which I note the quote from the Premier: "I can certainly say that as (a past) education minister, I'm aware that many teachers and many guidance officers and school support staff face the reality of talking to young people about their sexuality."

I challenge the Bligh Government to answer these two key questions:

(1) In 1990 Peter Beattie's PCJC Committee recommended an equal age of consent at 16, so why is our Queensland Labor Government taking so long to make that recommendation a reality?

(2) When can Queensland youth expect to be treated with equity under the law?

 

 

12th April 2008  Email to Premier Anna Bligh and to Attorney-General Kerry Shine referring to my 12th April 2008 email to the Courier Mail and their 12th April 2008 cover story “School bans gay couples” (by Robyn Ironside). The same journalist also wrote a complementary page 2 article “Teenagers well aware of their sexual preferences”- which included the unequal age of consent.

 

 

12th April 2008  Email to Editor of the Courier Mail regarding their 12th April 2008 cover story “School bans gay couples” (by Robyn Ironside). The same journalist also wrote a complementary page 2 article “Teenagers well aware of their sexual preferences”- which included the unequal age of consent.

 

 

3rd April 2008  Email to Editor of the Courier Mail (C.c. Premier Anna Bligh, Attorney-General Kerry Shine, ADCQ Commissioner Susan Booth). "Bligh should be as proud as Goss of our Anti-Discrimination Act". I refer to a recent statement on the ABC TV’s 4 Corners by former Premier Wayne Goss that he counted the Anti-Discrimination Act as one of his proud achievements as Premier. I point out that it is now nearly 3 years since Queensland Anti-Discrimination Commissioner Susan Booth wrote to the Premier and Attorney-General calling for urgent equal age of consent reform. I state that: The Bligh Government ought to prove that it continues to respect and take pride in our Anti-Discrimination Act by finally responding to the Commissioner's recommendation - with the knowledge that they will be doing a great good by allowing necessary legal equity for all Queensland youth.”

 

 

22nd March 2008  Email to Editor of the Courier Mail (C.c. Premier Anna Bligh, Attorney-General Kerry Shine) regarding the Queensland Government’s ongoing “Culture Of Inaction”.  The Courier Mail used that term in its front page on this day in reference to Queensland Health’s systematic lack of response to health and safety concerns for its remote area workers. I advise that I believe that eight years of inaction on Equal Age Of Consent reform is proof that a “culture of inaction” has been endemic within the Beattie and Bligh Queensland Governments.  I call for immediate action on this reform.

 

 

19th  January 2008 Email to all Queensland Members of Parliament – as a reminder that this reform remains outstanding despite the DVD-Video/CD-ROM pack that was sent to each of them in June 2007. I ask them to consider reviewing the video statement made by Shelley Argent (President of BrisbaneParents and Friends of Lesbians And Gays) and I encourage bipartisan support for this reform (as occurred in the Northern Territory when they enacted equal age of consent reform in 2003).

 

 

5th  December 2007 Letter from Premier Ana Bligh in response to my 26th October 2007 email. The problems with this letter are:

 

(a) it misrepresents the nature of the needed reform – which is in fact about allowing equal support and protection for all youth at age 16, and NOT about ”lowering the age of consent for sex between males”. This shows that the Government is as ignorant as those in the general public who assume that the act of anal intercourse virtually defines “sex between males”. The truth is that the current law makes anal intercourse the only sexual activity which is illegal for any person (of any gender or sexuality) if aged under 18. Widespread ignorance leads many to assume that ALL sex between males is illegal if either of them is aged under 18. A truly equal age of consent is necessary in order to remove the current resulting discrimination against same sex attracted youth and also to enable the maximum protection and support of all youth.  

 

(b) it does not address the two specific Equal Age Of Consent questions which required urgent answers. They were:

 

1. "Exactly what are the specific reasons for the Queensland Government's failure to enact a truly equal age of consent, especially in light of the specific July 2005 recommendation (as repeated in full further below) by its Anti-Discrimination Commissioner that urgent action was necessary.

 

2. "Considering that it has been at least three years since every other Australian state and territory enacted a truly equal age of consent, by which year will Queensland finally allow that same vital act of equal support and protection for youth?

 

NB: On 7th January 2008 I phoned Deputy Chief Of Staff Stephen Beckett’s office, hoping to discuss the above points. He was not available. On 9th January 2008 I received a call from Jessica, a worker in his office. She took details of my concerns and assured me that someone with legal authority would phone me in the near future.   

 

 

2nd December 2007 Email to ABC Radio 612 announcer Madonna King regarding her blatant attempt to sabotage my “talk back” question for Premier Anna Bligh on 30th November 2007 on the issue of Equal Age Of Consent Reform. On the eve of World AIDS Day, I particularly wanted The Premier to address the fact that the current law actively impedes adequate relevant safe sex education for 16 and 17 year olds. Sadly ABC presenter Madonna King allowed The Premier to get away with an answer which was pure obfuscation.

 

 

30th November 2007 Email to Premier Anna Bligh re her ABC Radio 612 dismissal, earlier this day, of my own question on the issue of Equal Age Of Consent Reform. On the eve of World AIDS Day, I particularly wanted The Premier to address the fact that the current law actively impedes adequate relevant safe sex education for 16 and 17 year olds. Sadly ABC presenter Madonna King allowed The Premier to get away with an answer which was pure obfuscation.

 

Listen to the question and response here as an mp3 ( 570k, 1m 40s).  Please note: Madonna King did her level best to sabotage my question. On 26 October 2007 I had spoken off-air only with her show’s producer and I was advised that they do not allow more than one question to the Premier on any one topic – and that my only option would be to phone back on 30 November and take my chances with every other caller at getting to put my question to the Premier.

 

I had asked:

"Regarding the fact that Queensland, since 2003, it's been the only state or territory Australia which has an unequal age of consent and that leaves Queensland's 16 and 17 year olds in a situation where they're not getting adequate relevant safe sex education, why is the Queensland Government not willing to change the law so that Queensland 16 and 17 year olds are treated with equal protection, equal support - especially regarding HIV infection - as is every other youth around Australia?"

 

I had clearly stated that 16 and 17 year old youth were not getting “adequate relevant” safe sex education – I did not say that the current law blocks all safe sex education. It seems clear from the experience of both Peter R. On 26 October 2007 and myself on this day, that Premier Bligh cannot be expected to give a straight answer to any question on this issue.

 

 

2nd November 2007 Email from the office of Hon. Attorney-General Mr. Kerry Shine in reply to my 24th September 2007 email. The Attorney-General ignores the issue I had raised of the increasing risk of HIV for youth as a result of the current law and once again merely repeats the Government’s standard line of “no … plans for reform in this area”.

 


 

1st  November 2007 Letter from Premier Ana Bligh – still no action. The Premier acknowledges my 10th October 2007 email in which I referred to newly published data on increased incidence of HIV infection in Australia and urged the announcement of a fixed time-frame for equal age of consent law reform, and I also asked for the exact reasons for the Government’s ongoing delay of reform.

 

Premier Bligh notes the contents of my email but continues Peter Beattie’s stance of leaving all responsibility for official decision making on this matter with the Attorney-General.


 

26th October 2007 Email to Premier Anna Bligh re her declaration, earlier this day on ABC Radio 612, that her Government is not even considering the issue of Equal Age Of Consent Reform.

 

On 26th October 2007 Premier Anna Bligh spent just seven seconds on ABC612’s “Madonna King” program dismissing a 19 year old gay Brisbane man’s question on when Equal Age of Consent Reform would happen. I knew that Peter would be calling, so I listened with some hope that our new Premier might have a more compassionate attitude: Hear the audio (30secs, 350k mp3)

 

Peter of Taringa was told by the show’s producer that he had to keep his question to the Premier succinct, so he asked:

“I was wondering when the Queensland Government was going to change the age of consent laws between differing sexual activities from 18 for anal intercourse to 16 to be in line with vaginal intercourse?

 

Premier Anna Bligh’s response was:

“Peter, our Government has no plans to consider that issue. So I guess that the answer to your question is that there is no time frame because we have no plans in relation to that.”

When I heard this I immediately phoned the ABC in the hope of asking Premier Bligh for exact reasons why her Government is not considering this reform, but I was told that they do not allow callers to ask questions on matters which had “already been dealt with”. I then sent this email to Premier Bligh expressing my disappointment at her display of indifference, and also posing the 2 questions that she needs to answer in detail.


 

10th October 2007 Email to Premier Anna Bligh (C.c. Attorney- General Kerry Shine and the Editor of the Courier Mail) referring to newly published data on increased incidence of HIV infection in Australia. I again urge the announcement of a fixed time-frame for equal age of consent law reform and I also ask for the exact reasons for the Government’s ongoing delay of reform. The Government has been refusing to commit to reform, and has also been refusing to declare why they won’t act - claiming that “The issue of the age of consent is a vexed one and one in which there are deeply held and opposing views.” (Attorney-General 22nd  March 2006 )


 

24th September 2007 Email to our new Premier, the Honourable Ms. Anna Bligh (C.c. Attorney- General Kerry Shine) urging the announcement of a fixed time-frame for equal age of consent law reform – ideally with a date of effect before 1st December 2007 (World AIDS Day), in order to prove the Bligh Government’s commitment to fighting the spread of HIV for all Queenslanders, and their commitment to the equal protection and support of all youth.


 

31st August 2007 Email from the office of Hon. Attorney-General Mr. Kerry Shine in reply to my 27th July 2007 email (to the Editor of the Courier Mail, C.c. to the Attorney-General) in which I had quoted Peter Beattie from 1990 to support the need for an equal age of consent to help prevent HIV infection of our state’s youth. The Attorney-General advises “I agree that we need to ensure young people have access to safe sex information, and an attitude of openness, honesty and frankness will facilitate this.” However he then repeats the stock Government line that “the issue of the age of consent is one in which there are deeply held and opposing views. The Government has no plans to alter the applicable law at this time…”


 

27th July 2007 Email – letter to the Editor of the Courier Mail (C.c. to the Premier, Attorney-General and Neil Roberts MP)with the heading Beattie Government leaves Queensland youth at high risk of HIV.” I highlight the fact that the current law leaves youth at increased, yet avoidable risk of HIV infection – because it effectively impedes vital safe sex information. I quote Peter Beattie who wrote in his Oct 1990 PCJC Report (p.75) that "as the father of three young children I am determined to do everything within my power to ensure that by the time my children reach their teenage years everything is done over the years to wipe out AIDS. This can only be done by openness, honesty and frankness in dealing with the AIDS issue and how to stop its spread." 


 

16th July 2007 Email sent as a “letter to the Editor” of the Courier Mail (not published):

 

 National same sex couples equity debated while Queensland alone denies equity for same sex youth.”:

 

“While media has recently focused attention on the unequal treatment of same sex Australian couples, I believe that most Queenslanders would be outraged to learn that since 2003 we have been the only state or territory which does not allow equal treatment of our same sex youth.

 

Queensland's unequal age of consent is not only actively discriminatory - it also places many youth at increased risk of HIV by impeding the delivery of vital safe sex information. Parents need to know that all of their children will be equally protected and supported under the law, regardless of their gender or their sexual orientation. 

 

In a 1990 PCJC Report, Peter Beattie declared his support for the majority recommendation of a truly equal age of consent, so exactly when will his Government enact reform to allow all Queensland youth the dignity of being equal under the law?”


 

2nd July 2007 Letter to the Leader of The Opposition, Jeff Seeney in reply to his letter dated 26th June 2007.

 

Confirming the message delivered in my 29th June 2007 phone call to his Parliament House office. I point out that Mr. Seeney has clearly been given inaccurate advice regarding the majority recommendations in the 1990 all-party Parliamentary Criminal Justice Committee Report on Reforms in Laws Relating to Homosexuality. I include a copy of page 49 of that Report (pdf file page 52) in which Recommendation 7 is very plainly in favour of a truly equal age of consent.

 

The text for Mr. Seeney’s letter had apparently been copied (word for word in the last 3 of four paragraphs) from a 24th January 2006 letter which was sent to me by Lawrence Springborg (then Leader of The Opposition). In my reply I include a copy of the 27th January 2006 letter which I had sent to Mr Springborg. That letter remains equally relevant in addressing, in detail, the Leader of The Opposition’s assertion that no circumstance has arisen since 1990 to justify any reconsideration of their position.


 

26th June 2007 Letter from The leader of the Opposition, Jeff Seeney acknowledging receipt of the DVD-Video/CD-ROM pack “6 Statements of Support for Equal Age Of Consent Reform in Queensland”.

 

Mr. Seeney states that the Nationals stance is that they do not support an equal age of consent. However he then wrongly claims that the all-party 1990 Parliamentary Criminal Justice Committee (chaired by Peter Beattie) had made a majority recommendation in Report favouring an unequal age of consent.  Mr Seeney has clearly been given inaccurate advice – because the Majority Recommendation number 7 of the Committee’s 1990 Report  (on report page 49) was that:  THE COMMITTEE RECOMMENDS THAT THE AGE OF CONSENT FOR HOMOSEXUAL ACTS IN ACCORDANCE WITH THE PRINCIPLES OF SEXUAL EQUALITY AND ANTI-DISCRIMINATION BE THE SAME FOR MALES AS IT IS FOR FEMALES, IRRESPECTIVE OF WHETHER THE SEXUAL ACT IS HETEROSEXUAL OR HOMOSEXUAL. (THIS PRINCIPLE IS HIGHLIGHTED IN POINT ONE ON PAGE 60 OF THE COMMISSION’S REPORT.)”

 

I phoned the office of the Leader Of the Opposition on Friday 29thJune 2007 to explain this factual error in Mr Seeney’s letter – and I was advised that my message would be passed on to Mr. Seeney, but that the attitude of the Opposition would be unchanged. I said that I believed the Opposition are enititled to their opinion, but that it should be based on factual grounds.


 

26th June 2007 Letter and DVD-Video/CD-ROM package sent to the Chief of Staff, The Courier Mail newspaper. After receiving the 22 June 2007 letter from Attorney-General Kerry Shine advising continued inaction on reform, I contacted the Courier mail by phone and sent them (by Registered Mail) a detailed  package of printed information as well as the same DVD-Video/CD-ROM package as was sent to every Queensland Member of Parliament. I wrote that “I believe that Premier Beattie will be content to remain inactive on this reform, for as long as he knows that there is no pressure from mainstream media. He should be forced to explain exactly why his Government has been refusing to allow equal protection and support of all Queensland youth – regardless of their gender or sexual orientation.”


 

22nd June 2007 Letter from the office of Hon. Attorney-General Mr. Kerry Shine in reply to my 18th May 2007 letter and DVD-Video/CD-ROM pack. The Attorney-General merely repeats the Beattie Government’s standard line of “no … plans for reform in this area” – with absolutely no justification for that inaction. This is in spite of the fact that the six statements on the DVD made it very clear that the current law should be reformed urgently because the law has a severe negative impact on the health and well being of youth – and also because the Anti-Discrimination Commissioner has declared that the law is blatantly discriminatory.


 

June 2007 A DVD-Video/CD-ROM package entitled “6 Statements of Support for Equal Age Of Consent Reform in Queensland was sent to every Member of Parliament during this month.

mini image of DVD cover art with link to detailed file

 

Since early 2000, when I started pursuing this reform, the Premier and his various Attorneys-General have all refused (or failed) to meet with a representative group in order to discuss the need for urgent reform. So I decided to bring the people to them via the medium of DVD-Video. Filmed between February and May 2007, the six contributors are Qld Anti-Discrimination Commissioner Susan Booth, QAHC General Manager Paul Martin, Brisbane PFLAG President Shelley Argent, ARCQ spokesperson Rod Goodbun, Queer Radio presenter Felix Kellett and psychologist/psychotherapist Tim Klein. I believe that the combined statements constitute a compelling argument for urgent reform.

 

This link goes to the covering letter which was personalised for each recipient and below that you’ll find the image of the cover art as well as all six statements as embedded YouTube videos – and links to each full transcript.     

 

NB: The June edition of Queensland Pride magazine opened with a page 3 feature article on this DVD project – written by QP’s Editor Iain Clacher:

 

mini image of QP article with link to detailed file(click the image for full text plus link to a full size jpg of the article) 


 

18th May 2007  DVD-Video/CD-ROM package entitled “6 Statements of Support for Equal Age Of Consent Reform in Queensland sent to Attorney-General Kerry Shine.

 

This file is the covering letter specifically worded for the Attorney-General and includes the full video interview transcripts. I sent this a couple of weeks before any other packs were made up because I had hoped for a timely positive response of commitment to reform action. I received a letter from the Attorney-General’s Senior Policy Advisor Paul Bini, dated 28th May 2007, stating “The Attorney-General has asked me to advise you that he is seeking further information and a full response will be forwarded to you shortly.” No further response has been received from his office.

 

See full details of the DVD-Video/CD-ROM pack – including covert art and YouTube videos of all six statements at: AOC_June_2007_DVD_CD-ROM_pack.htm


 

16th January 2007 Email to Hon. Attorney-General Mr. Kerry Shine acknowledging his 22 November 2006 emailed message and urging him to accept the consideration of an equal age of consent as being a totally separate matter to issues affecting same sex couples. I advise that his department already posesses all the arguments necessary in order to justify urgent enactment of an equal age of consent. I am concerned that there would most likely be a very prolonged process of consultation involved in identifying and justifying a range of reforms which affect same sex couples (for example adoption, fertility clinic access etc). An equal age of consent is a youth-specific issue, just as is the age of an adult under Criminal Law (17 in Queensland, 18 everywhere else in Australia). These two issues deserve priority attention from the Attorney-General.


 

30th November 2006 Courier Mail article by feature writer Jane Fynes-Clinton.  In this detailed and concise feature, especially related to World AIDS Day, Jane connects many of the more important issues related to Queensland’s unequal age of consent – including that the current law places youth at increased risk of HIV infection. She personalises the story with bookended references to Keith Phillips, an openly gay year 10 student at Alexandra Hills State High in Brisbane. (Listen to my interview with Keith’s mother, Trudi Lillicrap, which is clearly linked on the “downloads” page: http://www.queerradio.org/downloads.htm )


 

22nd November 2006 Email from newly appointed Attorney-General, Hon. Kerry Shine acknowledging my more recent emails and stating  “I advise that at some point in the near future, I plan to meet with groups interested in these and other same sex couple issues to discuss them further.”

 

In the past six and a half years of pressing the Beattie Government for equal age of consent reform, this is the very first contact from either the Attorney-General or the Premier which expresses a willingness to meet with relevant groups in order to discuss the issue. I hope this means that the Beattie Government is also considering declaring a timeframe for action on reform. Urgent action on reform had been strongly recommended in July 2005 by Queensland Anti-Discrimination Commissioner Susan Booth.


 

17th October 2006 Email to Premier Peter Beattie and Attorney General Linda Lavarch directing their attention to the 16th October 2006 announcement by the Hong Kong Government that they will no longer contest their High Court’s decisions that an equal age of consent for sexual activity must apply to all citizens at age 16. I ask that the Premier and Attorney-General find the Hong Kong decision to be inspiration for finally enacting a truly equal age of consent of 16 in Queensland. 

*** a brief letter has been received from the Office of The Premier, merely advising that this matter falls under the responsibility of the Attorney-General. However in his several terms as Premier Mr Peter Beattie has often enough been known to publicly declare that he would be instructing the Attorney-General to take action in reform of the Criminal Code. He cannot claim that his role as Premier precludes influencing the actions of the Attorney-General.


 

8th October 2006 Email to Premier Peter Beattie (Cc Attorney-General and editor of Sunday Mail) suggesting a strong link between the negativity contained in the article “Teen failed for stand on gays” in the Sunday Mail on this date and the current unequal age of consent (which exacerbates misinformation and anti-gay sentiments).

*** a brief letter has been received from the Office of The Premier, merely advising that this matter falls under the responsibility of the Attorney-General. However in his several terms as Premier Mr Peter Beattie has often enough been known to publicly declare that he would be instructing the Attorney-General to take action in reform of the Criminal Code. He cannot claim that his role as Premier precludes influencing the actions of the Attorney-General.


 

10th September 2006 Email to Premier Peter Beattie and Attorney General Linda Lavarch acknowledging the return of the Beattie Government with a massive majority and suggesting that can now feel safe in enacting age of consent reform. I also point out that since there is no Hansard record of any Member of Queensland Parliament ever speaking either for or against the unequal age of consent, there is little likelihood of opposition to reform.


 

7th  September 2006 Email to Premier Peter Beattie, Attorney General Linda Lavarch and my local Member Neil Roberts highlighting a 6th September 2006 article in the Courier Mail which states the high risk of suicide in same sex attracted youth. I suggest that, since we all do know the definite link between oppression of same sex attracted youth and the drastically higher rate of suicide for them, the very least the Beattie Government can do is to immediately reform the one basic flaw in current Criminal Law which is known to actively impede the acceptance and support of same sex attracted youth - namely the unequal age of consent.


 

12th  June 2006 Email to all Queensland Members of Parliament – as a reminder that this reform is still outstanding. I point out that there has never been any Parliamentary debate about an equal age of consent – and that the enactment of an unequal age of consent was AGAINST the specific Recommendation of the 1990 Parliamentary Criminal Justice Committee which was chaired by current Premier Peter Beattie.


 

31st  May 2006 Letter from Premier Peter Beattie – still no action. The Premier acknowledges my 10th April 2006 letter and my 5th May 2006 email. However he addresses not one of the issues that I had raised in those communications – which had included asking how the Premier morally justifies his inaction. I am advised that the Premier “appreciates your ongoing efforts to keep him apprised of your views on this issue.” However the Premier is well aware that these are not my views alone – they are shared by the Queensland Anti-Discrimination Commissioner Susan Booth, the management of the Queensland AIDS Council, Brisbane Parents and Friends of Lesbians And Gays and by 740 Queensland citizens who were signatories to the 2005 Parliamentary E-Petition – and shared by many others.

 

NB: I believe that the Premier perceives an advantage in trying to portray me as being a “lone voice”. There is no doubt that the lack of  community action is primarily due to the current lack of a broadly focused local LGBT rights group, and to the almost complete disintegration of university student action groups. The other major problem is that there is only one statewide newspaper – The Courier Mail – and their senior editors have so far refused to print any relevant article on this overdue reform.


 

5th  May 2006 Email to Premier Peter Beattie (with C.c. to Attorney General Linda Lavarch and the Editor of the Courier Mail) referring to Mr. Beattie’s appearance on ABC Television’s evening news in which he stated that he had been asked to comment on the inaugural Civil Union of two women which was performed that day in the British Embassy, Brisbane. Mr. Beattie stated that he supported equal treatment for gays and lesbians, but did not support gay marriage. In my email I remind the Premier that his refusal to enact an equal age of consent in Queensland makes it impossible for gay and bisexual youth to be treated equally in Queensland. I refer again to his past public support for an equal age of consent and ask when action on reform may be expected.


 

11th  April 2006 Email to my local Member of Parliament Neil Roberts (Member for Nudgee) – regarding the 10 April 2006 letter which I posted to the Premier in reply to the Premier’s letter dated 5 April 2006. I included copies of both these letters for Neil’s reference, and I express my concern that “If the Labor Party doesn't care enough about youth to enact something as basic as an equal age of consent, then how can they be trusted to care about anything else in our community?"


 

10th  April 2006 Letter to Premier Peter Beattie in reply to his letter dated 5 April 2006 which had suggested that the correct information which is displayed on the Youth Advocacy Centre website constitutes an effort made by his Government toward adequately informing the public in regard to age of consent and legal sexual activity. In my reply I advise that it was own persistence from July 2000 in lobbying the YAC which resulted in their decision to amend their displayed information in December of that year and that the YAC are not really a representative Government body.

 

I remind the Premier of other highly relevant points in support of reform, including his own proven involvement in the history of the Queensland Sodomy Law, and I ask “How can the current law be considered moral or just? How can your Government justify its ongoing failure to enact reform?”


 

5th  April 2006 Letter from Premier Peter Beattie – regarding the Youth Advocacy Centre. The Premier is responding specifically to my 1st December 2005 emailed comment that “When I interviewed you on 15th June 2001 at the Brisbane Powerhouse http://www.queerradio.org/PeterBeattie150601.htm you assured me that your Government would take some action on this issue, and yet to date your Government has done nothing whatsoever.” The Premier suggests that they must have done at least one thing, because his Government partly funds the Youth Advocacy Centre and their website does indeed display correct information.

 

In my 10th April 2006 letter of reply to the Premier, I detail why the Youth Advocacy Centre’s correct information is mainly a result of my own persistent efforts in 2000 – rather a result of any action by the Queensland Government.


 

22nd  March 2006 Official Ministerial Response posted by Queensland Attorney General Linda Lavarch to Parliamentary E-Petition Number 421-05 (which was finalised on 31 July 2005 with 740 signatories). The Attorney General’s entirely unsatisfactory response acknowledges the negative aspects of the current law, but she advises that the Government will not enact reform because “The issue of the age of consent is a vexed one and one in which there are deeply held and opposing views.” It seems clear from this statement that the Beattie Government cares more about losing votes than does about the health and well-being of youth.

 

In preceding weeks the Courier Mail had reported that Peter Beattie was actively negotiating with the conservative religious Family First Party to secure preference deals for the upcoming state election (hoping to split the conservative vote). Successive polls had shown the Nationals to be almost certain to win at the next election. Nationals Leader Lawrence Springborg has clearly stated that they will not support an equal age of consent.


 

21st  February 2006 Email to Attorney-General Linda Lavarch – (with copy to local MP Neil Roberts) expressing concern that Beattie Labor must act urgently on Sodomy Law Reform while it still holds a clear majority of Members of Parliament. Today’s Courier Mail ran an article which states that the results of two recent polls indicate a landslide victory for The Nationals in the next state election (which may be as early as November 2006). When previously in power in ‘96/’97 the National Party not only reinstated the Sodomy Law, but also simultaneously changed the terminology (“anal intercourse” to “sodomy”), raised the minimum age (from 17 to 18) and doubled the penalties (from 7 to 14 years gaol). The Nationals leader Lawrence Springborg has clearly advised that they do not support any reform of the Sodomy Law.


 

7th  February 2006 Letter from Premier Peter Beattie which ignores  the vital matter of actually reforming the Sodomy Law and refers instead to a consideration of whether or not the Government might have done anything to educate the public effectively in regard to the current law. In my 1st December 2005 email I had written: “When I interviewed you on 15th June 2001 at the Brisbane Powerhouse http://www.queerradio.org/PeterBeattie150601.htm you assured me that your Government would take some action on this issue, and yet to date your Government has done nothing whatsoever.” The follow up letter from the Premier dated 5th April 2006 offers just one item as possible proof that the Premier had kept his promise – however in my letter dated 10th April 2006 I detail why this is not so.


 

27th  January 2006 Letter to Lawrence Springborg, the Leader of The Opposition in Queensland. I write in response to Mr Springborg’s 24th January 2006 letter in which he had incorrectly claimed that the 1990 PCJC Report on Homosexual Law Reform had recommended a Sodomy Law. I point out the section of the Report which clearly recommended AGAINST a Sodomy Law, and I also give him eight significant circumstances which have arisen since the Sodomy Law was enacted in 1990 - including the fact that in 1996 The National Party repealed a 1995 Goss Government Revised Criminal Code which would have enacted an equal age of consent, and instead they passed a 1997 Bill to revise the 1899 Criminal Code with ambiguous terminology (“anal  intercourse” became “sodomy”), an elevated minimum age (up from 17 to 18) and doubled penalties (up from 7 to 14 years gaol).


 

24th  January 2006 Letter from Lawrence Springborg, the Leader of The Opposition in Queensland - in response to my email of 19th January 2006. Mr Springborg incorrectly claims that the 1990 PCJC Report on Homosexual Law Reform had recommended a Sodomy Law. The Sodomy Law was actually introduced – against the Report’s Recommendation 7 – as part of the November1990 Bill which decriminalised male to male sexual activity. The decision to ignore the PCJC Report’s  Recommendation 7 was made in private by the Goss Labor Cabinet - Hansard Records prove that the Sodomy Law was neither discussed nor debated in Parliament.

 

Mr Springborg also attempts to dismiss the validity of Sodomy Law Reform by claiming that “No circumstance has arisen since that time to justify any reconsideration of this position.” See my 27th January 2006 response.


 

19th  January 2006 Email to all Queensland Members of Parliament – on the fifteenth anniversary of the commencement of the Sodomy Law I wrote to all MP’s calling for support of urgent reform and drawing their attention to the written opinions of support from Queensland Anti-Discrimination Commissioner Susan Booth (15 July ’05), from Brisbane Parents & Friends of Lesbians And Gays (14 July ’05), from over twenty respected Community Groups (MidOctober ’05) and from 740 signatories to the Parliamentary E-Petition (tabled 9 August ’05).


 

1st December 2005 Email to Premier Peter Beattie on this World AIDS Awareness Day: pointing out that it is a sad state of affairs for the Beattie Government to persist with inaction on Sodomy Law reform, when they know that this law places youth at increased risk of HIV infection.

 

I refer in this email to my telephone conversation on 28th November 2005 with Jeremy from the Attorney-General’s Office, in which I was told that no explanation would be given for the Government’s inaction. Jeremy told me he would write to me addressing my request for a representative group meeting with the Minister. On 17th January 2006 I again phoned the Attorney-General's Office to follow up the promised letter. I was told that Jeremy was on leave, but that a message had been recorded for him to contact me on his return.


 

23rd November 2005 Letter from Attorney-General Linda Lavarch, in reply to my 20th October 2005 letter in which I had:

 

(1) requested an official Ministerial response to the finalised Parliamentary E-petition calling for Sodomy Law Reform, which had been referred to her office on 10th August 2005.

(2) requested a response to several earlier requests for a representative community group meeting with the Attorney-General.

 

However the Attorney-General’s response fails to address either of these points and merely reiterates that “the Government has no plans to alter the applicable law at this time.”

 

On the afternoon of the day I received this letter, 24th November 2005, I telephoned the Attorney-General’s office and spoke with Mark Craven. I told him that I believed it to be unacceptable for the Attorney-General to continue to refuse reform without providing any justification for that refusal – especially when it is very clear that the current law does damage. I also asked why I have received no response to my requests for a representative group meeting with the Attorney-General. Mark said that Parliament was in session and that none of the Attorney-General’s advisors were available to speak with me, so he took my phone details and said he would pass on my expressed concerns to a Ministerial Advisor and ask them to return my call.


 

17th  November 2005 Email to Premier Peter Beattie referring to his statement in the ABC television special “Political Football” (17 Nov ’05:). In regard to his personal experience at a 1971 Springbok demonstration Mr. Beattie said: "It was one of those life-changing experiences where you just knew this was wrong". I urge Mr. Beattie to act on his convictions by enacting Sodomy Law Reform and in conclusion I state that: “Equity is the life-changing experience that every Queensland youth deserves - regardless of their gender or sexuality.”


 

2nd November 2005 Letter from Brisbane Parents and Friends of Lesbians And Gays to Attorney-General Linda Lavarch. PFLAG President Shelley Argent writes in reference to the opinions stated by the Attorney-General in her 25th October 2005 letter.

 

Shelley concludes by saying: “The AIDS Medical Unit, HIV/AIDS Report of 2004, states that HIV and sexually transmitted diseases are on the increase in Queensland. What responsibility will our government take when it begins to seriously affect our young people, or will they continue to fall beneath the cracks: as they are presently.”


 

25th October 2005 Letter from Attorney-General Linda Lavarch, in reply to my 25th July 2005 email in which I had referred to the letters by ADCQ Commissioner Susan Booth15th July 2005, Brisbane PFLAG 14th July  2005 and I also welcomed a favourable response the Parliamentary E-petition which was just about to close at that time.

 

In this letter the Attorney-General acknowledges the key points and correspondence, but advises:

 

“I agree that we need to ensure young people have access to safe sex information and that our laws operate fairly and justly. However, the issue of the age of consent is a vexed one and one in which there are deeply held and opposing views. The Government has no plans to alter the applicable law at this time.”


 

24th October 2005 Emailed “letter” to the editor of the Courier Mail in response to their feature article “AIDS battle not yet over” (Jane Fynes-Clinton, CM 24 October 2005, P9). The article addressed rising rates of HIV infection in Queensland. I point out that a significant issue not mentioned in the article is that youth are placed at unnecessary risk of HIV infection as a direct consequence of the Queensland Sodomy Law.


 

20th October 2005 Letter to Attorney-General Linda Lavarch requesting a Ministerial response to the finalised Parliamentary E-petition calling for Sodomy Law Reform, which was referred to her office on 10th August 2005. I also follow up emailed and telephoned requests for a face to face meeting with representatives of relevant community groups and service organisations. I refer to the QADC Commissioner’s letter of support for reform dated 15th July 2005 and to the letter from Brisbane Parents Family & Friends of Lesbians And Gays dated 14th July  2005.


Mid October 2005 Community Services Group letter to the Beattie Government calling for urgent reform of the Queensland Sodomy Law.

 

Over twenty highly respected health and welfare community groups and organizations co-signed this letter which had been initiated by the (1) Open Doors Youth Service, (2) Brisbane Parents and Friends of Lesbians And Gays, and (3) peak HIV health body the Queensland AIDS Council. Troy Hakala of the Qld AIDS Council advises that the letter was posted to the five respective Ministers in mid-October.


 

12th August 2005 Email to the Attorney-General Linda Lavarch referring to the May 2005 Non-Government Report on the Implementation of the United Nations Convention on the Rights Of the Child In Australia which clearly calls for reform of the Queensland Sodomy Law. I also point out that the National Children’s & Youth Law Centre have been lobbying for our state to join the rest of Australia in setting 18 as the age of an adult under criminal law (currently it is 17 in Queensland). I suggest that these two reforms are linked in that they help protect and support youth and that they should be enacted simultaneously.


 

2nd August 2005 Email to Attorney-General Linda Lavarch confirming my 1 August 2005 telephone enquiry to her office in which I requested an opportunity for a representative group meeting to coincide with the 9 August presentation of the finalized E-petition which attracted a significant total of 740 signatories. I was assured that Ministerial Advisor Susan Irvine would return my call, but this did not happen.


 

25th July 2005 Email to the newly elected Attorney-General Linda Lavarch asking for her favourable support for urgent reform of the Sodomy Law. I inform her regarding the important letter of opinion sent by Queeensland Anti-Discrimination Commissioner Susan Booth and of the Parliamentary E—petition which will be presented in Parliament on 9 August 2005. On 29 July 2005 I received confirmation that this email had been forwarded to the Ministerial office for attention. No further reply was received.


 

15th July 2005 Letter from Queensland Anti-Discrimination Commissioner Susan Booth to  Attorney-General Rod Welford and to  Premier Peter Beattie declaring that Queensland’s Sodomy Law “discriminates on the basis of sexuality. These provisions of the Criminal Code are inconsistent with the object of the Anti-Discrimination Act 1991 to promote equality for everyone and protect them from unfair discrimination, and the premise upon which the legislation was enacted, namely, that everyone should be equal before and under the law and have the right to equal protection and equal benefit of the law without discrimination.”

 

The Commissioner concludes by stating that “It is now imperative that Queensland remove the age difference for lawful heterosexual and homosexual sex between consenting sexual partners. These legislative changes will ensure that Queensland law is consistent with the International Covenant and local discrimination law, it will reflect contemporary realities of society, and assist in addressing the increase in HIV infections.”


 

14th July 2005 Letter from Brisbane Parents and Friends of Lesbians And Gays to Premier Peter Beattie calling for urgent reform of the Sodomy Law. This letter expresses the great concern of parents for the health and well-being of their same sex attracted children, just as for their heterosexual children – and highlighting the critical risks to same sex attracted youth which are perpetuated by the Sodomy Law. “PFLAG parents want the government to provide the same rights for our gay youth as our heterosexual youth.”


 

6th July 2005 Letter from Attorney-General Rod Welford, advising that he has considered my 21 June 2005 email and my 6 June 2005 letter with attachments in which I had highlighted the severe and increasing risk of HIV infection which is presented to youth as a direct consequence of the Queensland Sodomy Law. Regardless of the risk to youth, the Attorney-General reiterates that “The Government has no current plans to amend these laws.”


 

4th July 2005 Letter from Attorney-General Rod Welford, advising receipt of a forwarded email from Education Minister Anna Bligh ( she had advised me she would do this). I was given some hope by the Attorney General’s advice that “I have noted the contents of your email and will bear the information in mind in the context of any discussions I may have on the subject with my Cabinet colleagues.”


 

21st June 2005 Email to Attorney-General Rod Welford, Premier Peter Beattie and Health Minister Gordon Nuttall advising them that I had been interviewed on ABC Radio 612 by Steve Austin on Monday 20 June 2005 regarding the need for Sodomy Law reform. I invite them to hear an mp3 of that interview. I suggested to ABC listeners that the Beattie Government could easily justify enacting reform on the basis of caring properly for the sexual health of youth, as threatened by the state's rising HIV infection rate. I point out that the Northern Territory Labor government was returned with a vastly increased majority in the previous weekend’s election – and that the NT had reformed their Sodomy Law in that term of office. I further mention that the same was true for Labor in Western Australia.


 

6th June 2005 Letter with attachments to Attorney-General Rod Welford, Premier Peter Beattie and to Health Minister Gordon Nuttall calling for urgent action on Sodomy Law reform in the light of two significant publications during May 2005:

(1) a Queensland Health announcement that HIV infection rates continue to climb in our state (by 19.% in 2004), and

(2) a detailed report by Melbourne’s La Trobe University which shows that same sex attracted 16 & 17 year old youth (those denied safe sex education on anal intercourse in Queensland) are at particularly high risk of HIV infection.


6th June 2005 Letters which include strong support for Sodomy Law Reform, were sent by Queensland’s LGBT lobby group ARCQ (Action Reform Change Queensland) to:

(1) Attorney-General and Minister for Justice Hon  Rod Welford  (go to Word file copy)

(2) Health Minister Hon Gordon Nuttall (go to Word file copy)

(3) Minister For Child Safety Hon Mike Reynolds (go to Word file copy)


 

3rd June 2005 Today I am advised by the Attorney General’s office that regardless of the risk of HIV to the state’s youth, the Beattie Government will not consider enacting reform of the Sodomy Law – certainly not within the current term of office (up to 2007).  It is totally unacceptable that the Beattie Government can hold such an unsubstantiated and clearly politically motivated position on this reform. The health and well-being of the state’s youth should always take precedence over pandering to conservative/fundamentalist voters for the next election. The Sodomy Law should not have been enacted in the first place, and a Government with” moral fibre” would certainly have enacted reform years ago. We wait and hope for a change of heart and mind by the Beattie Government.


 

2nd June 2005 Email to all members of Queensland Parliament, extending from my email of 25th August 2004 I highlight the recent announcement by Queensland Health that HIV infections in our state increased by 19.2% in 2004 and that on 25th May 2005 La Trobe University published research on 1,749 same sex attracted youth Australia-wide which shows that 15-18 year old youth are choosing to do anal intercourse at an early age and that 25% of them are not using condoms. In Queensland this situation is made even more serious because of the state’s Sodomy Law which actively impedes safe sex education regarding anal intercourse. In the light of the proven increased risk of HIV for Queensland Youth I call for urgent reform of the Sodomy Law.  On 3rd June 2005 a copy of this email was sent, with a covering message, to Steve Austin of ABC Radio612 and to the editor of the Courier Mail.


 

3rd February 2005 Press Release by Paul Martin, Manager of the Queensland AIDS Council - stating that The current law causes confusion amongst many in the community who believe that all sex between men is illegal before the age of 18” said Paul R Martin of the Queensland AIDS Council.  We are concerned that young people who are sexually active are reluctant to come forward to access sexual health services and receive sex & relationships education for fear of being prosecuted”.

 

Mr Martin went on to say “There is no legitimate reason why the age at which young men and women can have vaginal sex, which may result in child birth, should be any different from the age at which people can legally have anal sex. The current law does nothing to protect young people, on the contrary it criminalises young people who choose to have anal sex”.


 

4th December 2004 Email to Queensland Pride, Q-News, LGBT groups and individuals, calling for support or suggestions regarding my proposal for a rally in Brisbane City to raise public awareness of the need, and demand, for reform of the Queensland Sodomy Law. I suggest that Sunday 13th February 2005 could be ideal – the rally could be billed as a “Love-In for Sodomy Law Reform” and featuring the key slogan “The Smart State Needs Smart Arses”.


 

5th October 2004 Email to Health Minister, Gordon Nuttall (C.C. to Premier and Mark Counter). I point out that Queensland Health’s youth-specific sexual-health website www.istaysafe.com does not include any mention of anal intercourse (or anything other than heterosexual sexuality).


 

1st October 2004 Letter from Health Minister, Gordon Nuttall, in which he expresses concern for risks presented to youth by the Sodomy Law, however he refers to the Department’s www.istaysafe.com  website as if that site was a flagship for HIV/AIDS education and yet that site does not even mention anal intercourse (“sodomy”).

 

Mr Nuttall states that the Department is about to launch into a major statewide school-based sexual health program – which will no doubt completely exclude sexual health matters related directly to anal intercourse. This is of extreme concern, considering that recent Australian research indicates that up to 4 % of all 16-19 year old Australian men and women choose to engage in anal intercourse (for various reasons).  It is appalling that these youth will be deliberately denied life saving sexual health information.


 

3rd September 2004 Letter from Opposition Leader, Lawrence Springborg, in response to my 25th August 2004 email. Mr. Springborg advises that the National Party does not believe there is any justification for reform of the Sodomy Law. It is important to note that in 1997, when the National Party briefly regained Government in a by-election, one of their first acts was to repeal the Labor Party’s Revised Criminal Code (which would have defined a truly equal age of consent for all sexual activities). They then dramatically reworked the 1899 Criminal Code – in which they doubled the maximum penalties applied by this law to 14 years gaol, replaced the specific term “anal intercourse” with the more generic term “sodomy” and set the minimum age at 18 years (previously 17).


 

25th August 2004 Email to all members of Queensland Parliament, (except Premier Peter Beattie and Attorney General Rod Welford – who are both aware of this issue). I beg support for reform, pointing out that the Sodomy Law actively places 16 and 17 year old men and women at risk of HIV/AIDS by obstructing safe-sex information.  I also point out that the 1990 PCJC Report clearly recommended against a Sodomy Law specifically because this would be expected to happen. Recent evidence shows that up to 4 % of all 16-19 year old Australian men and women choose to engage in anal intercourse (for various reasons).


 

10th August 2004 Email (with confirming letter) to Premier Peter Beattie, pointing out that there is a high HIV risk to youth inherent in the Queensland Sodomy Law. His 1990 PCJC Report clearly connected that a Sodomy Law would prevent effective HIV/AIDS information from reaching persons doing anal intercourse – that’s why they recommended against it. Research published by Dr Jo Lindsay for La Trobe University in late 2001 indicates that nearly a quarter of all Australian male and female youth engage in anal intercourse – but in our state they don’t get access to any safe sex information on that activity. I urge Mr Beattie to reform the Sodomy Law for the sake of all existing and future Queensland youth.


 

28th June 2004 Letter from Attorney General Rod Welford, in response to my 27th May 2004 letter. Mr. Welford states that the Queensland Government has no plans (and therefore no time frame) for reform of the Sodomy Law. The state of New South Wales equalised its age of consent at 16 in mid 2003 and Northern Territory did the same in late 2003. The next Queensland election will be in 2007. The Beattie Government may be deliberately dragging its feet on this reform until after the impending Federal election, because several marginal seats are in rural Queensland. If so that is an inexcusable abuse of political power at the expense of the health and well being of our state’s youth.


 

22nd June 2004 Letter from office of Premier Peter Beattie, responding to my letter dated 27th May 2004. I am advised that even in the current term there is still no plan to reform the Criminal Code to remove the Sodomy Law. This means that Queensland may face at least another 3 years without reform and that 16 & 17 year old youths will consequently continue to be denied adequate safe-sex education, inclusive relationships education and the hope or expectation of either peer or societal acceptance. This is a shameful situation which may only be remedied by sufficient demand for reform by youth services and health service providers.


 

29th May 2004 Email to the Editor of the Courier Mail. Seeking mainstream press support in raising public awareness of the need to reform the Queensland Criminal Code by removal of the Sodomy Law.


 

27th May 2004 Letter to Premier Peter Beattie, Attorney General Rod Welford and Neil Roberts MP (my local MP). I request a clear timeframe for removal of the Sodomy Law. With their renewed massive majority in the current (February 2004) Parliamentary term this should present no political risk.  I remind that Queensland is the only Australian State or Territory to retain such a law.


 

14th January 2004 Email to Honourable Rod Welford MP, Attorney-General and Minister for Justice pointing out that his 12th January 2004 email is in error in suggesting that I am requesting a change in age of consent law. I reiterate that what I seek is removal of the Sodomy Law – early in the next Queensland Parliament (following the 7th February election).


 

12th January 2004 Email from Honourable Rod Welford MP, Attorney-General and Minister for Justice acknowledging that the Premier has also referred my 5th January 2004 email to him. Mr Welford’s reply is brief, but it is also in factual error in suggesting that I am requesting a change in age of consent law. The age of consent is already a very reasonable 16 for all men and women – but it’s the removal of the Sodomy Law that needs his particular and urgent attention. NB: several MP’s from both sides of Parliament have emailed replies to me, thanking me for bringing this matter to their attention and stating that they will keep these points in mind for future discussions.


 

5th January 2004 Email to all members of Parliament in Queensland (sent individually to each member). With a state election date expected to be announced soon, and still no indication of commitment to reform from the Beattie Government, this email effectively informs all members of every political party (and independents) and asks that they support Criminal Law reform through urgent elimination of the Sodomy Law.


 

27th November 2003 Email to the office of Premier of Queensland, Hon Peter Beattie, also to QldQueer and Action Reform Change Queensland email lists. (Receipt was acknowledged by Premier’s Office on 28/11/03). I wrote pointing out that even the Northern territory have enacted legislation to ensure a truly equal age of consent (passed on 26th November 2003). I suggest that Queensland looks ridiculous in retaining its 1990 Sodomy Law. I again request commitment to reform in Queensland by eliminating the Sodomy Law. Many of the same arguments that I have presented to the Premier since earlier 2000, were also presented to the Northern Territory Parliament – but unlike Queensland they chose to listen and to act (with two opposition members even taking advantage of the conscience vote to express their support for this reform.)


 

2nd September 2003 Letter from Attorney General Rod Welford, in response to my 27th June 2003 email, which had been forwarded from the Premier’s Office. Mr. Welford acknowledges my comments in that email which included: “Today the USA Supreme Court has made a landmark final decision which strikes down similar Sodomy Laws across the entire United States. Queensland is the only state in Australia with a Sodomy law - and with the recent "across the board" equalisation of age of consent in New South Wales, that situation seems all the more embarrassing. Not only has Queensland's Sodomy Law effectively prevented the proper education of at-risk youth regarding safe sexual practices, but it has also denied tens of thousands of youth the possibility of being accepted by their peers as honest and good individuals - inclusive of their sexuality. You can't replace those lost opportunities, but you can act now, as a matter of urgency, to ensure that Queensland does not continue to be seen as the backward laughing-stock of Australia, in regard to age of consent.”

 

Mr. Welford confirms the Premier’s statement that the Government has no plans to change the existing law “this term”.


 

19th August 2003 Letter from the office of Premier of Queensland, Hon Peter Beattie, in response to my 25th July 2003 letter. The Premier acknowledges my clarifying statement that I am seeking reform of Sections 208 & 209 of the Criminal Code, not a reduction in the age of consent for “homosexual sex” - “because the age of consent for homosexuals to consent to sex has been equal to that of heterosexuals since the decriminalisation of sex between men was enacted in November 1990. I want to be certain that you appreciate that I am advocating for gay and bisexual youth to enjoy equal societal support, in all aspects, to their heterosexual peers – and this is regardless of whether they are sexually active or not.

 

What I am specifically seeking is the removal of the “Sodomy Law” (Sections 208 & 209 of the Criminal Code 1899) – a law which applies technically to all women and men, regardless of their sexuality – but which, in practice, actively discriminates against 16 & 17 year old men who may be gay or bisexual (regardless of whether those men are sexually active or not).” (as per my 25th July 2003 letter).

 

The letter also reiterates that the Government has no plans to amend existing legislation.


 

25th July 2003 Letter to Premier of Queensland, Hon Peter Beattie, in response to the 23rd July 2003 letter from his office. I thank him for his response and point out clearly that the letter was in error in suggesting that I am “advocating a reduction in the age of consent for homosexual sex” – which is not the case at all.  I state again that Queensland’s age of consent is already equal, at 16 years, for all heterosexuals and homosexuals, but that I have been lobbying specifically for removal of the Sodomy Law, so that all consenting sexual activities are equally legal for all consenting adults, regardless of their individual sexuality. This is the only way that gay and bisexual 16 & 17 year old men can hope to be treated equally, in every other respect, to their heterosexual peers.

 

When our most eminent public servants can, even inadvertently, seem to equate “sodomy” with being “homosexual sex”, then it is little surprise that the vast majority of the general public wrongly believe all sex between men to be illegal under 18 years – with the resultant denial of services, lack of peer support and increased risk of suicide for those men.

 

Mr. Beattie had advised that no further reforms of existing laws would occur during the current Parliament, so I also ask for a declared commitment to enacting this reform as a priority, following the upcoming state elections (which are due by mid-2004).


 

23rd July 2003 Letter from the office of Premier of Queensland, Hon Peter Beattie, in response to my 27th June 2003 email. The letter acknowledges that while the Premier is aware of these matters, there will be no revision of existing laws before the 2004 state elections. However there was one significant problem in the wording of this letter – please see full details at 23rd July 2003 of the brief note below:

 

N.B: “sodomy (anal intercourse)” is not equivalent to “homosexual sex”:

 

Unfortunately the Premier’s letter errs twice in suggesting that I am “advocating a reduction in the age of consent for homosexual sex” – which is not the case at all.  It is important to note that the age of consent is already technically equal, at 16 years, for all men and women – regardless of their sexuality. The big stumbling block to equal treatment of gay and bisexual young men in Queensland is the state’s “Sodomy Law” (Sections 208 & 209 of the Criminal Code 1899) .


 

10th July 2003 Email to Queensland Pride magazine commenting on the opening article of their edition #178, which I believe is easily interpreted as inferring that there are no sodomy laws in Queensland. The article was reporting on a 20th June 2003 forum presented by the new Anti-Discrimination Commissioner Susan Booth. The article mentions Susan’s support for “an equal age of consent”, but quotes the Commissioner directly as she suggests that “we don’t have sodomy laws in Queensland”. Sodomy laws across the USA (which were struck down on 26th June 2003) used to mean a variety of things in different states – from banning anal sex only, to banning both anal & oral sex, or banning all sex between men. I believe that the correct interpretation of our state’s particular sodomy law needs to be made very clear to all those who read this Queensland Pride article. (Printed in QP edition #179


 

6th July 2003 Email to the Sandra McLean of the Courier Mail (for their “Perspectives” page), pointing out the inequities of Queensland’s Sodomy Law and how its continued existence adversely affects youth. The aim of the article is to inform the reader accurately about age of consent and legal sexual activity in our state and to call publicly for the Beattie Government to eliminate the discriminatory sections 208 and 209 of the Criminal Code. A shorter 700 word version of this submission was emailed to Sandra on 11th July 2003. (article was not printed


 

27th June 2003 Email to the Premier of Queensland, Hon Peter Beattie, mentioning the news that had just broken regarding the 26th June 2003 USA Supreme Court decision to overturn “Sodomy Laws” in all states. I invite the Premier to advise when Queensland will act on law reform and suggest our state will be an international embarrassment to Australia because of its reticence to act.


 

27th June 2003 Email to the editor of the Courier Mail (for their “Letters” page), again referring to the 26th June 2003 USA Supreme Court decision to overturn “Sodomy Laws” in all states, and calling for urgent reform in Queensland to eliminate our own Sodomy Law. (letter was not printed


 

28th May 2003 Media Release by Youth Action Network Queensland as per pdf file copy :

 

“It is of concern” Mr Doostkhah said, “That while young gay and bisexual people are at much greater risk of suicide and self-harm than even other young Queenslanders, the government continues to practise discrimination of this sort against them.”

 

“We would urge the Queensland government to follow the lead of the NSW government, and amend this discriminatory legislation which continues to stigmatise and further alienate young gay and bisexual men.”


 

10th April 2003 Email to the Courier Mail “letters” regarding their article “Report calls for earlier sex education”(Judy Skatssoon CM 9th April 2003, P 15) regarding the release of a report on “The Australian Study of Health and Relationships”. The CM article states that sex is known to be happening for men and women at 16 and that 9% of men have either done sex with men or have wanted to. This is a powerful statistical tool to influence the Beattie Government toward swifter reform of the Qld Sodomy Law. My emailed letter states that Queensland law needs to be amended before effective sex education can take place. (letter was not printed)


 

12th November 2002 Letter to Premier Peter Beattie and Attorney General Rod Welford, responding to Mr Beattie’s public declarations about his “known stance” on social equity in the week following the 6th November 2002 proposed Discrimination Law Amendment Bill 2002. Mr Beattie reminded the media that he was Chairman of the Committee which presented the October 1990 PCJC Report on Homosexual Law Reform. That report recommended an unqualified equal age of consent. I again invite details of an opportunity for our delegation to meet with the Government to discuss amending the law.


 

28th October 2002 Letter to Premier Peter Beattie (with copy and covering letter to Attorney General Rod Welford), requesting a meeting with both himself and the Attorney General by a delegation in order to discuss rapid implementation of the recommendations made in the October 1990 Report by the (Labor majority) Parliamentary Criminal Justice Committee Report “Reforms in Laws Relating to Homosexuality – an Information Paper”.  The Report had recommended that no higher age be set for any sexual activity and that the age of consent should apply equally to both men and women, regardless of their sexual orientation.


 

28th October 2002 Letter to Attorney General Rod Welford, with attached copy of 28th October 2002  letter to Premier Peter Beattie requesting a meeting with both himself and the Premier by a delegation in order to discuss rapid implementation of the recommendations made in the October 1990 Report by the (Labor majority) Parliamentary Criminal Justice Committee Report “Reforms in Laws Relating to Homosexuality – an Information Paper” The Report had recommended that no higher age be set for any sexual activity and that the age of consent should apply equally to both men and women, regardless of their sexual orientation.


 

11th October 2001 Press Release to newspaper The Courier Mail, radio stations ABC, FM104, B105 and Triple J, television stations Bris 31, ABC TV, Network 10, Channel 7, QTQ 9. Sent with a copy of the age of consent pamphlet asking for broad media support in the light of the Attorney General’s 9th October 2001 statement that he won’t respond to any further correspondence from me. (no support or response received from any of these media)


 

9th October 2001 Letter from the office of Queensland Attorney General Rod Welford in response to my 26th September 2001 letter (which included a copy of the finished pamphlet and disputed his claim that community legal centres are the only source needed to inform the public about age of consent). He advises that he will not respond to any future correspondence from me on this issue.


 

26th September 2001 Letter to Attorney General Rod Welford with attached copy of finished pamphlet. I point out that there are only a few Community Legal Centres and that are not only very hard to find, but also very unlikely to have correct information to offer to anyone enquiring about age of consent and legal sexual activity.


 

21st September 2001 Letter from Attorney General Rod Welford in which he acknowledges receipt from the Premier of my letter dated 15th August 2001. Mr. Welford ignores my request for broad dissemination of information and focuses only on the pamphlet. He restates his belief that Community Legal Centres alone are the answer to informing the public on these matters.


 

24th August 2001 Letter from the office of Premier Peter Beattie acknowledging receipt of my letter dated 15th August 2001. The Premier says he has nothing to say in response to my specific call for action, but merely intends to pass it on to the Attorney General for his comment.


 

15th August 2001 Letter to Queensland Premier Peter Beattie in response to a letter 13th August 2001 from his office. I provide a clear and concise statement of my expectations and point out the failed logic in his letter. I again request a personal interview to discuss the matter in reasoned detail.


 

13th August 2001 Letter from the office of Queensland Premier Peter Beattie in response to my 6th July 2001 letter requesting a personal meeting or a declaration of planned action. The letter merely concurs with the Attorney-General’s 22nd June 2001 statement of unwillingness to act.


 

10th August 2001 Letter to newspaper The Courier Mail, radio stations ABC and Triple J, television stations ABC TV, Network 10, Channel 7, QTQ 9. Sent with a copy of the full 10th August 2001 letter to Premier Peter Beattie and Attorney-General Rod Welford. I ask for media support to encourage Government action. (no support or response received from any of these media)


 

10th August 2001 Letter to Queensland Premier Peter Beattie and Attorney General Rod Welford (with a copy to MP for Nudgee, Neil Roberts) requesting a reply my letter dated 6th July 2001 asking for a personal interview in order to discuss the time frame for the implementation of Mr Beattie’s 15th June 2001 commitment to adequately inform the public about existing laws governing age of consent and legal sexual activity.


 

9th August 2001 Email to www.ageofconsent.com following up the emails of 2nd June 2001 and 16th May 2001, again providing supportive evidence to my request that they amend the information on their site (They wrongly state that all sex between men under 18 is illegal).


 

6th July 2001 Letter to Queensland Premier Peter Beattie and Attorney General Rod Welford asking for a personal interview in order to discuss the time frame for the implementation of Mr Beattie’s 15th June 2001 commitment to adequately inform the public about existing laws governing age of consent and legal sexual activity.


 

26th June 2001 Letter from my local Member of Parliament Neil Roberts MP for Nudgee, in reply to my letter of 22nd May 2001. He hopes that the Attorney General’s 22nd June 2001 letter "clarifies the Government’s position".


 

22nd June 2001 Letter from Attorney General Rod Welford, in reply to my letter of 22nd May 2001. He again declines to do anything to further inform any agency or the public. He claims that it is sufficient that youth can contact a few existing legal centres (which may or may not have access to correct information) and one unofficial website (with recently corrected information).


 

15th June 2001 I interviewed Premier Peter Beattie at the Brisbane Powerhouse Centre for the Live Arts, and asked him about the potential for progressive law reform in consequence of his party’s huge majority in the recent state election. I also ask him specifically whether he will act to effectively inform the general public about age of consent and legal sexual activity. He clearly stated "Alright, well if it’s about educative,(sic) educating about the existing law, well we’re always happy to do that, OK?". He does not, however, state a time frame for such action.

 

Hear the unedited audio in mp3 format at http://www.queerradio.org/PeterBeattie150601.mp3 or read the complete transcript at www.queerradio.org/PeterBeattie150601.htm.


 

2nd June 2001 Email to www.ageofconsent.com following up the email of 16th May and including the 21 May 2001 letter from Attorney-General Rod Welford as further evidence that they must amend their site.


 

31st May 2001  Letter from the office of Queensland Premier Peter Beattie, in reply to my letter of 22nd May 2001. The inference is that he is leaving the matter to the Attorney-General to handle.


 

22nd May 2001 Letter sent to each of Attorney General Rod Welford, Premier Peter Beattie and local member Neil Roberts MP asking for a public statement to clearly define age of consent and legal sexual activity. In the light of the Government’s massive Labor majority there should be no "conservative electoral backlash" concerns to hinder a clear matter of explaining current Queensland law to the public.


 

21st May 2001 Letter received from new Attorney-General Hon Rod Welford MP in reply to my email of 25th April. He confirms the definition of age of consent and legal sexual activity, but advises that he will not consider removing the Sodomy Law or make any effort to ensure the public is correctly informed about age of consent and legal sexual activity.


16th May 2001 Email to TripleJ FM mail@triplej.abc.net.au advising that www.lawstuff.org.au

 have amended their website to show correct details as from 16th May 2001.


 

16th May 2001 Email to www.ageofconsent.com asking them to amend their information back to the correct information they had displayed prior to March 2001. Last year this site had amended their details after I had sent them copies of the Attorney General’s letters 5th May 2000 and 5th September 2000. I had not checked their site for several months and was dismayed to find that they had reverted to showing wrong data. 


 

25th April 2001 Email to new Queensland Attorney-General Hon Rod Welford MP, asking for a public statement and action. Copy to Courier Mail.


 

25th April 2001  Email to the national youth radio broadcaster TripleJ FM regarding their link at http://www.abc.net.au/triplej/about/cool.htm on their site to the www.lawstuff.org.au site which contains faulty information. Triple J have been prominently promoting that site as a reliable resource for information across the nation.  


 

24th April 2001 Email to www.lawstuff.org Website managers requesting amendment of incorrect information. I came upon this site by selecting a hotlink from the 4ZZZ website’s Program Directory for its Youth Show and found that this national youth law site http://www.lawstuff.org.au had the same wrong information that the Youth Advocacy Centre had displayed last year on their site.


 

15th February 2001 Email to Attorney-General Matt Foley MP, passing on the details via PlanetOut.com of the Arizona,USA repeal of their sodomy law. 


 

5th February 2001 Email to Attorney-General Matt Foley MP about the Logan Youth Law Service poster issued to all Queensland schools, which demonstrates the continued misinformation due to the lack of action by the Attorney General to effectively inform the public.


 

20th September 2000 Letter from the Health Minister Wendy Edmond MP’s Office confirming the phone advice that they, also, will not instigate a public awareness campaign. The letter states that they consider this matter to be outside of their exact frame of reference and as such more appropriate for the Attorney-General and Justice Department. (The Attorney General was of course the original government department approached. This is becoming a cross between a circular argument and a hot potato - or is it just a political football?). 


 

5th September 2000 Letter from the Queensland Attorney General Matt Foley’s Office stating the definition of "sodomy" under the Sodomy Law as being the "penetration of an anus by a penis", only. Therefore all other consenting sexual activity is legal for all men and women aged 16 and over.


 

28th August 2000 Letter from Minister for Families, Youth & Community Care Anna Bligh MP, acknowledging the problem with the Youth Advocacy Centre’s information and confirming that the file was sent to the Health Minister’s office.  


 

22nd August 2000 Letter from the Anti-Discrimination Commissioner, Karen Walters advising inability to act on the discriminatory nature of the Sodomy Law.


 

18th August 2000 Email  (and letter sent 22nd August 2000) to Attorney General Mat Foley requesting a full definition of the word "sodomy" as applied under the Sodomy Law in Queensland. 


 

10th July 2000 Letter to Anna Bligh MP, pointing out the drastic misunderstanding she has of the matters mentioned in my letter and also detailing why the Generate site fails to function in respect of age of consent awareness. 


 

8th July 2000 The question which was put on my behalf to the panel of speakers at the "Q21C (Queer in the 21st Century): Challenge & Response" Symposium at the University of Queensland in July 2000.


 

6th July 2000 Letter from Anna Bligh MP Minister for Families, Youth and Community Care, Minister for Disabilities Family Services about transferring of the file to the Health Department for their consideration.


 

3rd July 2000 Letter from Anna Bligh MP Minister for Families, Youth and Community Care, Minister for Disabilities Family Services, in which she declines to enact a public education effort and claims that youth are already adequately informed via the government funded "GENERATE" website. In fact there was no information on the "GENERATE" website itself about age of consent, and when I searched the link to the "Youth Advocacy Centre", I found their site displayed wrong information (claiming that all male to male sex is illegal for men under 18). I telephoned, emailed and mailed the Youth Advocacy Centre about their faulty information, but they did not amend the site until late December 2000.


 

23rd June 2000 Letter to the Queensland Anti-Discrimination Commission to see if they can have an effect on the Sodomy Law. In this letter I point out the discrimination against men aged between 16 and 18 which is contained in the Attorney-General’s advice about the application of the Sodomy Law. Just recently the Texas sodomy law was struck down for similar reasons.  


 

Mid May 2000 Email. A copy of my press release on the campaign, issued via email to all local LGBT press and to many individuals. 


 

17th May 2000 Letter to the Attorney General Matt Foley acknowledging receipt of the 5th May 2000 letter defining age of consent and confirming advice that the file has been received at the office of Anna Bligh MP.


 

5th May 2000 Letter from the Queensland Attorney-General Matt Foley’s Office in which he confirms that the age of consent for sexual activity is 16 for everyone and for every sexual activity except "sodomy".


 

10th April 2000 Email. When no response at all was received from the Courier Mail, it was obvious that a concerted effort would be needed to achieve a satisfactory outcome. This is the original email sent to various persons to encourage awareness of this matter and to seek support.  


 

6th April 2000 Letter to Queensland Attorney General Matt Foley requesting official definition of age of consent and for action to effectively inform the public.  


 

22nd February 2000 Letter. The initial letter, hand delivered to the Courier Mail as a follow up to my phone conversation that same day with their Features editor, Ian McGoldrick. I asked for a retraction or correction regarding their 19th Feb 2000 article by Deborah Cassrels. No written  response was received, and no retraction or correction was printed.


19th February 2000  Feature article in the Courier Mail (19th February 2000, page 27) “Reasonable Age” written by Deborah Cassrels. Deborah presents arguments which overwhelmingly favour equal treatment and protection of youth through a truly equal age of consent, by interviewing eminent gay community activists Dr Wendell Rosevear of Stonewall Medical Centre, Janet Fitzgerald of the Gay and Lesbian Welfare Association and Lindon Oldfield of the Gay and Lesbian Business Association. She also quotes clear support for reform from Terry O’Gorman, vice-president of the Queensland Council for Civil Liberties (and president of the Australian Council for Civil Liberties).

NB: the big error in the article headline “Reasonable Age - An open invitation to paedophiles, or an end to sexual discrimination? Lowering the age of consent for boys is an issue which inspires strong debate.” is that in Queensland the age of consent for sexual activity is the same for males as it is for females – at 16. However a separate Section (S. 208) of the Criminal Code prohibits anal intercourse if it involves “any person” not yet 18. While the November 1990 law amendment is worded as applying to both males and females, the clear intent was to actively discriminate against same sex attracted male youth by criminalising their presumed sexual activity. The term “homosexual sex” is still often erroneously used as a synonym for “anal intercourse”.

Deborah also makes a serious error in stating that according to Australian law, homosexual sex between consenting males must involve people over 18. Sex with a 17-year-old female is legal sex in most states. But sex with a 17-year-old male is paedophilia.” This was life-threateningly dangerous and wrong information to distribute unchallenged to the general public. Since 2003 Queensland has been the only place in Australia where a kind of consenting male to male sex with a 17 year old has been illegal.  In 2000 all male to male sex with a 17 year old was certainly illegal in West Australia, New South Wales and the Northern Territory, but in Queensland just the very specific act of anal intercourse was (and is) illegal. However doing legally proscribed male to male sex with a 17 year old does not make anyone a “paedophile”. The Courier Mail’s Features Editor Ian McGoldrick flatly refused to print either a retraction or correction.

 

 

 

End of list.  RETURN to main age of consent & sodomy law INDEX

Queer Radio homepage Last updated 26th September 2011