*Age Of Consent & Legal Sexual Activity for the State of
From the website of Queer Radio, the gay & lesbian Community Radio program on 4ZZZ fm102.1
in
Correspondence Summary List…
Items
are in reverse chronological order
- from the
most recent back to
Click the date
of each item to go to the FULL TEXT of that document (with hyperlinks to jpeg images of the original
documents):
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
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
23rd September 2009 Email to all
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
1st July 2009 Email to all
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
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
24th April 2009 Email to
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
20th June 2008
Email to all
12th
May 2008 Email to Tim Herbert, Senior Policy Advisor to
12th May 2008
Email from Tim Herbert, Senior Policy Advisor to
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
(2) When can
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
19th January 2008
Email to all
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
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
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
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
16th July 2007 Email sent as a “letter to the Editor” of the Courier
Mail (not
published):
“National
same sex couples equity debated while
“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.
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
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
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
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
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
(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
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
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
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
*** 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
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
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
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
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
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
27th
January 2006 Letter to
24th
January 2006 Letter from
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
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
(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,
17th
November 2005 Email to Premier Peter Beattie referring to his statement in the ABC television special
“Political Football” (
2nd November 2005 Letter from
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
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
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
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
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
15th July 2005 Letter from
Queensland Anti-Discrimination Commissioner Susan Booth to Attorney-General Rod Welford and to Premier Peter Beattie declaring that
The Commissioner concludes by stating that “It is now imperative that
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
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
(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
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
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,
25th August 2004 Email to all
members of
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
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
22nd June 2004 Letter from office
of Premier Peter Beattie, responding to my letter dated
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
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
27th November 2003 Email to the office
of Premier of
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
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
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
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
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
10th July 2003 Email to
6th July 2003 Email to the Sandra
McLean of the Courier Mail (for their “Perspectives” page), pointing
out the inequities of
27th June 2003 Email to the
Premier of
27th June 2003 Email to the editor
of the Courier Mail (for their “Letters” page), again referring to
“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
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
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 June 2001 Letter from
Attorney General Rod Welford, in reply to my letter of
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
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
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.
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
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
End of list. RETURN
to main age of
consent & sodomy law INDEX
Last updated 10th
February 2010