*Age Of Consent & Legal Sexual Activity for the State of
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
----- Original Message -----
From: John Frame
Sent: Monday, March 01, 2010 5:29 PM
Subject: statement by Hon Michael Kirby AC
CMG in support of equal age of consent reform in
For the attention of the Hon. Attorney-General Mr Cameron Dick
and of the Hon. Premier Ms Anna Bligh
Dear Attorney-General and Premier,
I bring to your attention a
3rd February 2010 statement issued by the Hon. Michael Kirby AC
CMG, retired Justice of the High Court in Australia, in which he declares
strong support for parliamentary action on equal age of consent reform. He
compares the current law in
"All of the
reasons given for the noteworthy decision of the Indian judges apply here. What
I have included further below a copy of the text of the Hon. Michael Kirby's statement, which includes his contact details. I also have a pdf file of his original statement stored on my website for public access, linked via:
The direct URL for the pdf file is:
Shelley Argent OAM, national spokesperson for Parents and Friends of Lesbians And Gays, offers her full support for the Hon. Michael Kirby's statement. You can speak with Shelley at 0409 363 335.
I know that you will both have some awareness of the now 10 year campaign calling for Queensland to follow the civil rights progress which has been made in every other Australian state and territory through enacting a truly equal age of consent.
Reform action was strongly recommended in July 2005 by Queensland Anti-Discrimination Commissioner Susan Booth. Her letter will be on your records. Queensland Labor's official Policy Platform includes clear and specific written support for equity in age of consent laws.
Even former Premier Peter Beattie is on record, in the PCJC Report No2 of 1990, as supporting the Committee's majority recommendation for a truly equal age of consent. There is no official record of the reason why the Goss Cabinet ignored the PCJC recommendation and decided instead to set a higher minimum age for anal intercourse. In 1995 they attempted to set a truly equal age of consent at 16 in their Revised Criminal Code, however the new Code was repealed by the Borbidge National/Liberal Coalition just before it would have become law.
Later this year the
I ask your commitment to urgent reform action, and I welcome your response.
Ph: 07 3350 1562 / mobile: 0409 501 561
----"There is no substitute for equality"----
The Hon. Michael D. Kirby AC CMG
3 February 2010.
AFFECTING HOMOSEXUAL CITIZENS IN
In July 2009, an important decision was delivered by the High Court of Delhi, India,
declaring that provisions of the Indian Penal Code as they affected homosexual
the Indian Constitution which was held to require equal treatment of all citizens,
The Queensland Criminal Code, like the Indian Code, was drafted in the 19th
century. Originally, it too contained
laws of the kind struck down in
these laws have already been reformed
and repealed in
However, Section 208 of the
to 14 years imprisonment for anal intercourse (“sodomy”), even where occurring by
consent and in private. Elsewhere in
homosexual and heterosexual offences of this kind has now been repealed, and a
common age of consent of 16 years accepted. But this is not the case in
We have no Bill of Rights or constitutional principles to invoke to remove this vestige
of outmoded discrimination. In
so. There is no apparent reason why the Parliament of Queensland should adopt a
different standard from that accepted by
legislators elsewhere in
special needs of Queenslanders apply.
It is time that this last relic of criminal legal discrimination was removed in
homosexual youth in
harassment; and impedes effective
strategies to respond in
of HIV and AIDS in young people. All of the reasons given for the noteworthy
decision of the Indian judges apply
already done, Queenslanders should now do by parliamentary action. It is a basic
matter of equality of citizenship.
Telephone: +61 2 9231 5800 Facsimile: +61 2 9231 5811