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...the need for community action...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 22nd 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):

 

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<