The PRESIDENT: I take a moment to welcome and acknowledge a number of guests in the gallery today for an historic day, starting with Jill Wran, wife of former Premier of New South Wales Neville Wran, who decriminalised homosexuality in this State; Alex Greenwich, MP, and other members of the Legislative Assembly; former Presidents of the Legislative Council, the Hon. Don Harwin and the Hon. Meredith Burgmann; the Hon. Shayne Mallard, a former member of this place; former Senator Chris Puplick; former member for Coogee Bruce Notley-Smith; the Lord Mayor and former member for Sydney, Clover Moore; and the Commissioner of Police, Karen Webb.

I also acknowledge a range of passionate advocates and activists for decades, including Larry Galbraith, Bruce Pollack, Robert French, Terry Goulden, John Greenway, Diane Minnis, Barry Charles, Max Pearce, Garry Wotherspoon, Bing Yu, Robyn Kennedy, Ken Davis, Nicolas Parkhill, David Buchanan, Greg Fisher, George Savoulis, Nick Langley, Gil Beckwith, Michael Sheehy, Adam Wallace, Melanie Schwerdt, Mairi Petersen, Tina Bittou and all other supporters here today. Thank you all for being here. You are very welcome.

The Hon. PENNY SHARPE (Minister for Climate Change, Minister for Energy, Minister for the Environment, and Minister for Heritage) (14:04): I move:

That this House, on behalf of the people of New South Wales:

(a)apologises unreservedly to those convicted under discriminatory laws that criminalised homosexual acts;

(b)recognises and regrets this Parliament's role in enacting laws and endorsing policies of successive Governments decisions that criminalised, persecuted and harmed people based on their sexuality and gender;

(c)recognises the trauma people of diverse sexualities, their families and loved ones, have endured and continue to live with; and

(d)acknowledges that there is still much work to be done to ensure the equal rights for all members of the LGBTQIA+ community.

On 8 June 1984, almost 40 years ago to the day, the somewhat modestly named Crimes Amendment Bill became law. In 1984, after four previous attempts, the Wran Government—ably assisted by former Premier Nick Greiner and the New South Wales Parliament—finally decriminalised homosexual acts in New South Wales. As we stand here today, 40 years later, we recognise the significance of the passing of that bill. We also face the reality of the harm caused to so many through the prejudice that was embedded in the laws of this State, made by those who sat in this place—laws that criminalised men and women for no other reason than they loved people of the same sex.

Today, 40 years later, we say sorry for the laws that were unnecessary and cruel. We acknowledge those laws were wrong. Today we mourn those who lost their lives. We mourn those who lost their families, their jobs, their freedom and their humanity through State-sanctioned discrimination. We say sorry. We say sorry for lives lived in fear, for lives lived in the shadows and for those forced to live a lie. We cannot change the past, but we can step up and make it right in the present and into the future.

We can acknowledge men like David, who in 1961 was entrapped by a New South Wales police officer. He was charged under section 81A of the Crimes Act with an attempt to procure the commission of an act of indecency by a male person. He was sentenced to a year in prison—a year in prison, a lifetime of having a conviction and a life limited by injustice. With the help of Patrick Abboud from the podcastThe Greatest Menace and the team at Equality Australia, David's conviction was expunged in 2023. Sixty-two years is a long time to wait for justice. For that, we are very sorry.

For men like Peter and his partner, Bon, the conviction shadowed them throughout their lives. At age 19, Bon was arrested and convicted. His criminal record saw him thrown out of the Anglican seminary, estranged from his family and forbidden to work as a public servant. When he applied to be a taxidriver, his record prevented it. It was not until 2017 that his conviction was finally expunged. Sadly, he died not long afterwards. Bon's lifelong partner, Peter, is not able to be here today, but I thank him for letting me share Bon's story and thank them both for a life of activism.

When these laws were in place, public institutions, businesses and the community had permission to treat fellow citizens with suspicion, with violence and with contempt. The police commissioner at the time called homosexuals the greatest menace facing Australia. Lesbians were not immune from the impact of the laws, even though they were not directly targeted by them. Two women loving each other was taboo, and lesbians were always watching over their shoulders. New South Wales became the Australian epicentre of electroshock treatments, aversion therapy treatments and other horrific interventions to try to cure homosexuality. More women than men were forced to endure those cruel practices. Women also lost their jobs and had their children taken away. Transwomen found themselves subject to blackmail, violence and further persecution.

The oppression as the result of anti-gay laws was pervasive and dangerous, but it precipitated a resistance that turned into an unstoppable movement. The injustice lit the fire to organising campaign to change the laws. It started with the creation of the Campaign Against Moral Persecution—a great name—CAMP. This then spread out across the community organisations to many different splinter groups, many of them here today: unions, clubs, political parties and church groups.

I want to acknowledge those here today who are part of CAMP and the many other organisations—those who went on to march in the first Mardi Gras, those who were arrested and those who got up and kept going to change the laws that hurt the LGBT community. In the 1970s this group of fierce folks campaigned for anti‑discrimination laws, changes to the Summary Offences Act and the decriminalisation of homosexuality. Decriminalisation was not just a symbolic act; it was the prerequisite to fighting the HIV epidemic that was on our doorstep. It was a time of fear, hysteria and enormous controversy. Decriminalisation allowed New South Wales and Australia to put in place a world‑leading HIV response that literally saved thousands of lives. You did this under the threat of arrest, being outed, being bashed and losing your jobs.

Your courage and tenacity found support in this Parliament in the Wran Government and with many moderate Liberals. You demanded change. You ran some very creative campaigns and even turned yourself in to police for committing the crime of buggery. Robert is here today. It was a very gutsy call, Robert, handing yourself over to the vice squad, especially when your father was a member of this place. Fifty years later, you are still here, fighting, refusing to take no for an answer, demanding a New South Wales that is fair and decent. I want to place on record my personal thanks to those activists who risked everything to make things easier for people like me—I said I was not going to cry. I am able to do this job, have the family I have—my son is here today—and live the life I want because of your efforts. I stand on your shoulders and I am profoundly grateful.

The solemn apology today cannot wipe away the wrongs of the past. This apology demands that we recognise that the work for equality for the LGBTQ+ community is not finished. The Parliament has already banned dangerous conversion practices. We are being called to do more and we must. For the young people living lives of quiet desperation and distress, I will always have your back. I will work across this place with the many allies you have to ensure that the Parliament does too. It will get better. A life of loud, proud inclusion and acceptance can be yours. I want nothing less than that for you and for the society I know New South Wales can be. Forty years ago the New South Wales Parliament righted a wrong, but it did not erase the hurt or the harm. Today we say sorry. Today we take responsibility for the lives ruined and the permission for prejudice that our laws created. It was our parliaments who were wrong and we are truly sorry.

The Hon. DAMIEN TUDEHOPE (14:12): I acknowledge all those in the gallery, including former members, some of whom have been my friends and colleagues in this place. I am grateful that you are here today. On 31 May 1984 the Crimes (Amendment) Act 1984 received royal assent. This apology, which the Opposition joins, is a fitting way to mark the fortieth anniversary of the decriminalisation of homosexual acts. The key provision of the Act was to remove from section 79 of the Crimes Act 1900 the offence of committing the "abominable crime of buggery … with mankind". The private member's bill that made this change to the law was introduced by the then Premier Neville Wran and strongly supported by the then Liberal Opposition leader Nick Greiner. In speaking on the bill, Nick Greiner made these observations, which I endorse:

As I see it, the rightness or wrongness of this proposed change in the law is timeless. The proscription on homosexual acts between consenting adults in private is, in my view, a bad law today, just as it was a bad law twenty or thirty years ago. I support the bill because it reflects what I consider to be the proper role of Government in a liberal-democratic society.

Mr Greiner then went on to quote John Stuart Mill:

The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.

It is clear that the laws against homosexual acts between consenting adults cannot possibly meet this test and were therefore never a rightful exercise of power. It is on this basis that an apology is appropriate. The conviction and punishment of men under this bad law should never have occurred. It is therefore appropriate for this Parliament to make an unreserved apology to those men who were affected by this bad law, and their families. The effect on men of conviction and imprisonment for consensual homosexual acts should have been known and never been allowed to have occurred. In 1895 Oscar Wilde, a witty and brilliant writer, was sentenced to two years imprisonment with hard labour for the offence of gross indecency with a male. After his release in 1897, he moved to Paris. French writer André Gide movingly described the impact on Wilde of his conviction and imprisonment:

Society well knows what steps to take when it wants to crush a man, and it has means more subtle than death. Wilde had suffered too grievously for the last two years, and in too submissive a manner, and his will had been broken. For the first few months he might still have entertained illusions, but he soon gave them up. It was as though he had signed his abdication. Nothing remained in his shattered life but a mouldy ruin, painful to contemplate, of his former self.

Wilde died three years later at the age of 46. This apology also builds on the action that this Parliament took 10 years ago in passing the Criminal Records Amendment (Historical Homosexual Offences) Bill 2014, introduced by Liberal MLA Bruce Notley-Smith. I recall at the time my office had a significant input into that bill in the discussions with Mr Notley-Smith. I welcome and thank him for being here today. That Act provides for those convicted under the pre‑1984 law to have the record of their conviction expunged. By 2017 the Leader of the Government in this House was the Hon. Don Harwin, MLC, an openly gay man almost as fabulous and as witty as Oscar Wilde in his heyday. Other members of the Opposition with more relevant personal experience will no doubt speak to this motion. For my part and on behalf of the Opposition, I unreservedly express our support for this apology given today.

Dr AMANDA COHN (14:17): The Greens welcome the Premier and the Leader of the Government's historic, important and overdue apology to those affected by discriminatory laws that criminalised homosexual acts. We welcome the recognition of the New South Wales Parliament's role in enacting laws that persecuted and harmed people based on their sexuality and gender. In the context of this extraordinary motion, I wish to acknowledge the traditional owners and First Nations people of this State, the Gadigal people upon whose lands the New South Wales Parliament was built and, specifically today, the unimaginable toll the receipt of English law in New South Wales, including laws which criminalised homosexuality, brought to every life. I recognise the pride and fight of LGBTQIASB First Nations peoples and communities past, present and fiercely emerging.

I recognise and thank the many people here at Parliament today or listening online who fought for this historic change and fought for this apology. I also recognise those impacted who deserve to hear this apology but who are no longer with us. It is important we leave space for the complex feelings of survivors listening to this apology today. We share in their joy and acknowledge their pain. Today is an opportunity to commit to change that will ensure that pain is not felt by future generations of this State. Peter de Waal, whose story was also recounted by the Premier and in the media today, reflected on his last moments with his partner, Peter "Bon" Bonsall‑Boone, before detailing their decades-long fight for justice against those laws.

Bon was first convicted at 19 years old in 1957 for having consensual sex with a man, a conviction that led to lifelong consequences. He was kicked out from studying to become an Anglican priest and faced limited job options due to these convictions. In 1969 he and his partner would struggle to get a home loan, as did other many others in same-sex partnerships, not recognised or actively discriminated against at the time. In 1972 he lost his job again, after they shared the first kiss between two men broadcast on Australian TV. Peter, now 86 years old, said it was bittersweet that his partner was not alive to attend the apology today. He stated:

It would be wonderful if I could sit in parliament with Bon and hold hands.

Robert French, who I understand is with us in the gallery today, was part of the community campaign to see these laws changed back in 1983. Activists signed legal admissions to having engaged in homosexual acts, putting themselves at risk of arrest in order to draw attention to this absurd law and the need for reform. Following a letter‑writing campaign to members of Parliament, decriminalisation was realised in New South Wales in 1984. That Robert French would describe today's apology as something that "closes the circle" on decriminalisation is unbelievably gracious.

It is a timely reminder that are our words and decisions in the New South Wales Parliament have a real‑world impact on the rights, freedoms and wellbeing of the communities that we represent. Today the Premier acknowledged that there is still much work to be done to ensure equal rights for all members of the LGBTQIA+ community. The Greens are ready to support and work with the New South Wales Government to progress the reforms that are urgently needed. In a statement tabled by the member for Sydney in the Legislative Assembly this morning, Garry Wotherspoon stated:

… we should not presume that all our battles are over. We are still awaiting a police response to the recommendations of the Sackar Report. There is proposed legislation before Parliament that would be a step forward; it is still awaiting meaningful debate. Transphobia is being aired around us; this is one of the new battlegrounds.

That piece of legislation is the elephant in the room today. In his apology the Premier committed to working with the mover of that bill on these issues but stopped short of committing to change any of the laws that continue to discriminate against LGBTQIA+ people in this State today. I remind the Premier that this bill could have been passed last year—and could pass this month, if his Government chose to support it. His words today in delivering the apology are important and valued. Words carry meaning and real impact, but if they are not followed by action we will find ourselves back in this Chamber apologising again for the laws we did not change in 2024.

I was born after the decriminalisation of homosexuality in this State. I am lucky, as a bisexual woman, to never have feared criminal conviction for my sexuality. I am grateful to many of those listening today for this, and I am grateful to members of Parliament who came out when it was much harder for them than it was for me, having been elected in 2023. Many speakers today have reflected on how far our society has progressed and how much more inclusive younger generations are. In 2024 I can be publicly out and proud and elected to public office, but I am offered no protection by the Anti‑Discrimination Act as it stands, like all people who are asexual or non‑binary, as well as sex workers.

I did not make my sexuality known publicly during my five years as Deputy Mayor of Albury. That speaks volumes to the discrimination that LGBTQIA+ people face every day, particularly those in rural and regional New South Wales. I acknowledge the many younger LGBTQIA+ activists who do not have the privilege of the platform that I do to speak in this place. They continue to fight for change, including protesting outside the New South Wales Parliament.

The equality bill would amend the Anti‑Discrimination Act to provide broad protection from discrimination based on sexual orientation or gender identity. It would allow people to alter their birth certificates without the violating need for surgery. It would improve access to gender-affirming care and empower young people to make informed decisions about their own health. It would stop religious schools and organisations from discriminating. It would make spaces safer for trans and gender diverse people that have too long been inaccessible to them, such as sporting communities. The equality bill proposes the minimum that is required to bring New South Wales into line with other Australian jurisdictions and to allow LGBTQIA+ people in this State to participate fully in community life, without the laws that we pass in this place getting in their way. The inquiry into LGBTIQ hate crimes investigated the suspicious deaths or unsolved murders of LGBTQIA+ people between 1970 and 2010. Justice Sackar, who led the inquiry, wrote:

All of the deaths with which the Inquiry is concerned, many of them lonely and terrifying, were of people whose lives were cut tragically short. Many had suffered discrimination, throughout their lives. Institutional and community responses to these deaths was lacking. The lives of every one of these people mattered, and their deaths matter as well.

In many cases, the immediate effect of violence was compounded by responses from the NSWPF, and from some of its members, who were indifferent, negligent, dismissive or hostile. There is no doubt that the response to the deaths of those who were perceived to be members of the LGBTIQ community frequently reflected the shameful homophobia, transphobia and prejudice that existed both in society broadly, and within the NSWPF.

The Government must urgently implement the 19 recommendations of that inquiry. As the final Australian State to formally apologise for the criminalisation of homosexuality, the State with the worst laws for the LGBTQIA+ people in 2024, the new home of the country's Queer Centre of History and Culture, the recent host of WorldPride, and as a State with a difficult and violent history with which it must reconcile, New South Wales must be brought in line and advance the rights of its diverse and brilliant LGBTQIA+ communities. Today is an important day in that journey. We have a lot more work to do.

The PRESIDENT: For the benefit of members and visitors in the gallery, my intention is to call a speaker from the Government, the Opposition and the crossbench in that order until either we run out of time or there are no speakers left.

The Hon. STEPHEN LAWRENCE (14:25): I speak in support of this motion and associate myself with the formal apology by the New South Wales Government to people convicted under historic laws that criminalised male homosexuality. These laws criminalised a perfectly normal aspect of humanity, something that has existed at all times and in all places. These laws caused tremendous harm and, of course, people were charged and jailed. These laws sent people to jail, a place of further trauma and violence, including sexual violence. These laws marred whole lives, affecting employment and travel. These laws led to harassment, blackmail and mistreatment, even when people were not charged.

Police and others attended gay beats and bashed people, knowing full well that the people they mistreated would not and could not complain. They blackmailed people, but so did family members and others. These laws reflected but also entrenched societal exclusion and mistreatment of queer people; that is why the apology has been extended to the entire LGBTIQ community. These laws justified the worst of social attitudes and insidiously operated to deprive generations of queer people from living happy and healthy lives and realising their full human potential.

I spoke in my inaugural speech about the spate of murders of gay men in Sydney in decades past. I spoke of gay men being thrown off cliffs and beaten to death in public toilets and parks. Much of that happened after 1984, but the link to these laws is obvious. Occasions like these are rare opportunities for the Parliament to be confronted as an institution with the inherent wrongness and harm caused by laws passed by this place. They are also an opportunity to acknowledge the harm and celebrate the courage of those who at that time resisted and challenged the unfairness.

Imagine living in a time when your very state of being was a crime, when you were regarded by wide parts of the community as an abomination. Imagine running the risk of being charged for a mere act of love. Imagine living in a place where, often, the only place to fulfil normal human desire was in covert places, where police and others would attend to arrest, harass and worse. Imagine all that, and then imagine being a person who, despite all that, has the courage to kiss another man or woman on TV; to parade in the street as a gay person and demand your rights; to attend public events and identify yourself as a gay person who demands the right not to be a criminal; or even to hand yourself in to the vice squad with an admission.

These people are heroes of resistance against outrageous injustice. It is honour for me, as a gay man and an MP, to acknowledge them. I know that when I came out as gay in the early 1990s they had made it easier for me. I could never have had the life, family and career in politics, including in this place and as the mayor of a major regional city, if those previous generations had not had that fight and courage to stand up for themselves and their community.

When dealing with historical injustice, all too often we dismiss things as reflecting the attitudes of that day. All too often in the current day we justify injustice on the basis of the reality of politics. Many MPs opposed the decriminalisation of homosexuality in 1984; more did not. TheHansard is interesting reading indeed. Many people were calling for it for a long time before it occurred. This history, and the heroes who stood up for justice and fairness, invite us as members of Parliament to show moral courage and not pass bad laws that perpetrate injustice and might even warrant an apology in the future. It would be a good thing if we asked ourselves how we would likely have voted if we were MPs in 1984, or five or 10 years earlier. It would be a good thing if we all read theHansard of the debate in 1984, looked at the names and parties of who voted yes or no, and reflected on the choices made.

Of course, homosexuality was not decriminalised in New South Wales until 1984. South Australia did it first in 1975. The Australian Capital Territory did it shortly afterwards, through Federal law; Victoria in 1981; the Northern Territory in 1983; Queensland and Western Australia in 1990; and Tasmania, of course the laggard, in 1997. Homosexuality remains a crime in many places around the world, including in our near neighbourhood. I have lived in some of those places, and for years in one in particular. I can personally attest to the insidious effect of criminalisation and stigmatisation of queer people I have known in those places. They are people who, despite these laws, do their best to be themselves and live as human beings.

Some lucky ones, for a variety of reasons, choose and are able to leave those countries. Others cannot or do not wish to. Many are living in Australia, where such persecution can be but is not always a basis for a protection visa. I think of those people today as well. They are people in our community who carry the scars of these types of laws. I hope this country can give protection to more and more of these people until these absurd and appalling laws are consigned to the dustbin of history the world over. This is a good motion, and I urge the House to support it in a spirit of acknowledgement and reflection.

The Hon. CHRIS RATH (14:31): On behalf of the Opposition, I also offer an unconditional apology to those who suffered under the discriminatory laws enacted by this Parliament that criminalised homosexual acts. I offer this most sincere apology as a proud gay legislator, a completely unremarkable biographical fact in 2024, just as it should be.

Arrested, imprisoned, drugged, castrated, bashed and verbally assaulted—this was the appalling experience and reality that gay men had to live with in New South Wales only 40 years ago. For gen Zs and millennials it is inconceivable today that in this State consensual sex between two men carried a prison sentence of up to 14 years all the way up until 1984. Imagine living in a constant state of fear: fear of being outed, fear of being arrested, fear of being publicly shamed and having your life destroyed, all in retaliation to an unchangeable part of who you are. Even if you were fortunate enough not to get caught, you had to live your life as a lie and with a constant feeling of always looking over your shoulder. People took their own lives. Countless others wanted to because of the social stigma and the laws that enforced it. Many today are still living with the trauma of all those years ago. This Parliament validated those homophobic words and acts. To all those who have suffered, we are truly sorry.

Hopefully, in some small way, today's apology will right the wrongs and heal the wounds of the not too distant past. Hopefully, it vindicates the sense of injustice felt by survivors. But today is also an opportunity to celebrate how far we have come and still have to go. A few years back, I was talking to a 78er and his husband. They remember that truly horrific night at the 1978 Mardi Gras where so many of their friends were assaulted and arrested by the police. He said to me that, amongst the carnage of that night, he never in his wildest dreams would have believed that marriage equality would be law in his lifetime.

We stand on the shoulders of giants. This apology today builds on the apology to the 78ers and the extinguishment of criminal records for homosexual acts, both championed by the former member for Coogee, Bruce Notley Smith, who is here with us today. We love you, Bruce. In the last term of Parliament, it was Alex Greenwich and Shayne Mallard who successfully lobbied the Government for the Special Commission of Inquiry into LGBTIQ hate crimes. Hopefully, this ongoing process will provide some closure to grieving families and loved ones through answers about crimes that have gone unsolved in some cases for more than half a century. Shayne told me today that he was sitting in the gallery as a young political science student 40 years ago when homosexuality was decriminalised by this Parliament. You must be so proud, Shayne, to see how much progress we have made since then.

I am elated that we finally banned harmful gay conversion practices a couple of months ago, because nobody chooses to be gay. You cannot force people to go against their nature. I acknowledge my friend, mentor and predecessor in this place, Don Harwin, who is here today in the gallery. Having a mentor and role model from the same background as you does help, and nobody has done more to help the LGBT community in the Liberal Party than Don. Our Parliament should reflect the diverse make-up of Australian society, and that means having LGBTI legislators. I know that I certainly would not be here today without the assistance of Don.

We indeed have so much to celebrate here today. I look to my life and how far we have come in such a short period. We have much still to do. But how different my life, and the lives of so many others, would be without the immense contribution of the survivors and pioneers that came before us, many of whom are in the gallery today. So as much as we say sorry to you for the terrible wrongs of the past, we also say thank you. Thank you for leading the way and making New South Wales a better place for the next generation and for so many generations still to come.

The Hon. JEREMY BUCKINGHAM (14:37): On behalf of the Legalise Cannabis Party, I welcome this apology and motion as a significant step towards healing, though long overdue. It was one of the giants of the Enlightenment, the British politician and philosopher Edmund Burke, who said, "Bad laws are the worst sort of tyranny." Today, we acknowledge that criminalising homosexuality was a bad law that created untold trauma for those of us who were born outside the heteronormative mainstream. This apology acknowledges that a civilised society strives to uphold the rights of minorities, whose actions cause no harm to others, because it is the right thing to do. Not only is it the right thing to do, but it is the smart thing; we all benefit from a society that embraces diversity and inclusiveness.

This apology explicitly acknowledges not only the past suffering of gay people at the hands of the State of New South Wales but also the criminal waste of resources in pursuing people for no good reason. The latest research by the Australian Institute of Health and Welfare finds that one-third of gay, lesbian and bisexual people reported using cannabis in 2023. That is three times the rate of the heterosexual population, so bad laws are still creating tyranny for gay people as they are for First Nations people and working-class people across New South Wales. It is one thing to acknowledge the bad laws of the past, but an apology is of limited use if it ignores and supports the bad laws that still exist. It does not take much of a leap of the imagination to predict a future apology and an expungement of offences in this place for those who lost opportunities for a productive life because of our unjust drug laws. The fact that those people are three times more likely to be from the LGBTQI+ community simply underlines past injustices that continue to the present day, notwithstanding today's apology.

If the Government is serious about upholding the rights of minorities, it has more work to do. Today is a day to recognise the courage of activists who fought against these bad and discriminatory laws. It is a day to recognise those legendary 78ers whose names and addresses were appallingly published in the media as a secondary punishment. These days, we celebrate our hard-won freedoms. In the famous words of anthropologist Margaret Mead, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." I commend the apology to the House.

The Hon. SARAH MITCHELL (14:40): I thank the Leader of the Government, the Hon. Penny Sharpe, for her contribution today. I also thank all of my colleagues, particularly those who have made a personal contribution. To have their reflections on the record is very powerful, and we are very grateful that they are fantastic legislators serving with us in the Legislative Council. I also acknowledged the special guests who are here, including some of my former colleagues. I also acknowledge another former colleague who is not here, but it would be remiss of me as the Leader of The Nationals in this place to not acknowledge the Hon. Trevor Khan, who we all know has long been an advocate for equality. He would be very happy to know that we continue to have strong allies, which I consider myself to be, in The Nationals.

I reflect on a comment made by Dr Amanda Cohn in relation to the particular challenges for regional people who are part of the LGBTQI+ community. There are many painful stories reflecting on the times when homosexual acts were criminalised, particularly for those who lived in regional areas. I agree with Dr Amanda Cohn when she says that we still have more work to do in this space. We need to ensure that equal rights are available for all members of the community, no matter where they live. I was born in 1982. To think that homosexual acts were criminalised in my lifetime is difficult to contemplate. I cannot begin to imagine what that would have felt like for the people who lived through that time.

This is why what we are doing today in the Parliament is the right thing to do, because those laws were not right. As I say to my children, when you do something that is not right, you apologise. That is what we are doing today. It is right for the Parliament to apologise for those who were convicted under those discriminatory laws that criminalised homosexual acts. We need to acknowledge your trauma. To those were who were convicted, we apologise. As I said, we cannot begin to understand what you have been through. I make it very clear that, from my perspective, you should never have been persecuted for being who you are, nor should you have ever been punished for loving who you love. It should not have been a criminal act. I hope that the apology today goes some way towards your healing. What we say today cannot erase what happened to so many, but I hope that today's proceedings are seen as a healing moment for you and for those who you love. I am pleased to associate myself with this motion.

Ms CATE FAEHRMANN (14:43): I add my voice to the motion as a Greens member who has worked with the LGBTIQ+ community for many years. We apologise for the hurt, the trauma, the silencing, the discrimination and the persecution of people simply because of who they were attracted to, of who they wanted to have sex with and of who they loved. I acknowledge the contribution of our spokesperson, Dr Amanda Cohn, on this incredibly important motion. It is an important day for the community, and a day that should have come a lot sooner. It has taken 40 years since this place stuck out those heinous laws for us to be standing here today. Those laws were in place up until 1984 and made consensual sex between men a criminal act. Today's apology has focused on apologising for the hurt and trauma that gay men endured before 1984, and this is a very important thing to do.

However, it is important to also recognise how much the hurt, trauma, silencing and discrimination of the LGBTIQ+ community continued well past the day when homosexuality was decriminalised in this State. Indeed, it continues to this day. In May 2012 I read out an email in this place from Peter. The email was one of 2,000 that had been sent to MPs in support of my motion calling on the Commonwealth Parliament to amend the Marriage Act to provide for marriage equality. It said:

I am almost 70 and have been in a monogamous loving relationship for half my life. We have experienced many examples of discrimination over that time both commercially and legally. A few years back I was seriously ill in the local Catholic-run public private hospital. My other half told them he had been my partner for 30 years but they tried to deny him access because he was not related. It was not the first time. It is time we were treated equally before the law. We will be together for the rest of our lives. Our greatest wish is to marry before it's too late.

The motion passed, and it made this Chamber the first in the country to support calls for the Commonwealth to progress marriage equality. These calls were finally heeded after a brutal and unnecessary referendum on 7 December 2017. I do not know whether Peter was able to marry the love of his life—I never heard from him again. That day, 7 December 2017, was such a joyous and momentous day. I fondly recall celebrating into the wee hours with friends and colleagues and with the many queer activists who had descended on Canberra from around the country that night.

Let us remember that it was not until 33 years after homosexuality was decriminalised in New South Wales that marriage was finally made equal. In 2018 I was a member of the Legislative Council inquiry into gay and transgender hate crimes between 1970 and 2010. I acknowledge Shayne Mallard, who is in the President's gallery today, for his excellent work in that space. That inquiry has been spoken about many times in this place and was part of the impetus behind the establishment of the Special Commission of Inquiry into LGBTIQ+ hate crimes that occurred between 1970-2010. The police commissioner, Karen Webb, only apologised to the families of gay hate crime victims in February of this year, and yet, as my colleague Dr Amanda Cohn noted, the recommendations have yet to be adopted by the police.

In March of this year, the bill to ban conversion therapy was introduced and was passed. That was another milestone on the long, tiring and frustrating path to full equality for LGBTIQ+ people in this State. However, those members of the community who were here for the debate on that bill, which went right through the night, well know that we still have a long way to go. I am speaking specifically about trans people. Despite the apologies from the Premier and the Leader of the Opposition in the other place today, New South Wales laws still do not allow trans people to change their gender on their birth certificate unless they have, as the law states, a sex affirmation procedure. That is a quite dramatic surgical intervention. Our laws in this State still allow LGBTIQ+ teachers and students to be fired or expelled from private schools. I could go on. In New South Wales, in 2024, we saw a majority of local councillors vote to ban a book on same-sex parenting.

It seems that progress in this Parliament towards full equality for all people, regardless of their sex, sexuality or gender identity, is painfully slow. Unfortunately, today's apology does not move us towards full equality. However, it is very significant and it has come about only because of the tireless, selfless and courageous acts—which members in both places have spoken about—of countless individuals, including people who are watching in the gallery today.

I acknowledge many of the very good contributions that have been made in this place today, especially by the Leader of the Government, the Hon. Penny Sharpe, and the Hon. Stephen Lawrence. As we know, the apology has come about because of a lot of work by organisations that have fought for equality—some very recently, some for a few decades and some for many decades. Of course, it would not have come about without the incredible work of those organisations and individuals. I thank everybody for everything they have done. While I do not want to put a dampener on the importance of this apology, it is very important to recognise the step‑by‑step nature of the many changes to the law and different forms of apology. Today has not been focused on LGBTQIA+ people; it has been focused largely on the G and a little bit on the L. We have a long way to go before we reach full equality. I commend the motion to the House.

The Hon. JACQUI MUNRO (14:50): Firstly, I thank the advocates, supporters, allies and activists in the room who have done so much. I thank the people in the Chamber and the gallery, former members and all people across our State who have persevered with a loud or quiet determination to shape a world that was fairer, more just and truly in line with the principles that emphasise the value of free and individual expression, and to shape a place in Australia that recognised and accommodated diverse sexuality not only in the LGBTQIA+ community but also in wider society—and, of course, in law. As a Parliament, today we are saying sorry, and I say sorry. I say sorry as a proud Liberal, bisexual, relatively young woman in this place. Honestly it is hard for me to imagine that just six years before I was born, homosexual acts were illegal.

History can feel so far away but, in truth, so many people I know, and so many people in this place, lived in a reality where an immutable characteristic was deemed so offensive and so harmful that it was criminalised and persecuted. As a member of the queer community and the New South Wales Liberals' first openly LGBTQIA+ woman in Parliament, I am hopeful that the kind of immutable characteristics that have previously been denigrated, including in this place, will be fully recognised as valuable to the depth of Australian society—or even, most hopefully, that these immutable characteristics are considered so unremarkable that they are naturally a part of Australian society, without exception.

My own public coming out at 17 as a bisexual person was entirely unremarkable, and I am so fortunate for that. But I understand very deeply that that was possible only because of the work of so many people in this Chamber and beyond. From the bottom of my heart, I thank you. Until the time that our sexuality has become unremarkable, members of the LGBTQIA+ community, including those in this place, alongside our allies, have been transformative for our State and its people. I have to reference John Stuart Mill, who wrote about the dangers of a representative democracy, of which there are two kinds. Firstly, there is the danger of a "low-grade intelligence in the representative body", which I will not address today. The second is the "danger of class legislation on the part of the numerical majority, these being all composed of the same class". He goes on to say:

It is an essential part of democracy that minorities should be adequately represented.

I am so glad that that has become increasingly true, although I feel very confident that there were homosexuals in this Parliament before there were openly homosexual members of this Parliament. We know that law is human. It is made in a place to shift the parameters of a just and fair society as we move through the centuries—and thank goodness for those shifts. Thank goodness that the people not only in this place but also outside in society were able to create a place where those legislators could feel comfortable and confident in coming out and changing the laws that needed to be changed, like the criminalisation of homosexuality.

I will share some history about the treatment of homosexuality in the Parliament. I spoke about it during debate on the Conversion Practices Ban Bill and it bears repeating. On 2 May 1962 in the other place, a matter was debated that included a member raising the legal reality at the time that the defence of homosexual provocation would downgrade murder to manslaughter. Apparently no qualms were raised about the logic that the fragility of a man's sexuality might be so threatened should another gentleman raise any inclination of desire that it was more understandable and less significant if he were to respond by killing him. By the late 1970s, a standard template petition was tabled in Parliament many times, tweaked according to the groups that were petitioning, urging members of Parliament to oppose any changes in our State's law that would legalise or encourage the following activities: the adoption of children by homosexual or lesbian persons, and acts of sodomy in private or public.

The petition was a response to a bill before Parliament at the time, the Anti-Discrimination Bill. Petitioners also sought the deletion of a number of sections that appeared to be in direct conflict with existing State laws, which clearly defined homosexual acts as unlawful conduct and could enforce the acceptance of homosexuality in the army, navy, air force, education system and Police Force et cetera. The petitioners also sought to delete sections from a motion written by the Hon. John Dowd, the Liberal member for Lane Cove—who was to become the future leader of our party—for fear that it would lead to the legalisation of sodomy. I note that this was one of the earliest attempts to decriminalise homosexual acts in New South Wales. The Hon. John Dowd attempted to introduce a private member's bill, but it was never introduced to Parliament as, unfortunately, the Government at the time voted against it being included in the parliamentaryNotice Paper.

The petitioners further requested that the Government establish a special department within the New South Wales Health Commission to:

(a)develop humane methods of helping persons to overcome or deal with homosexual tendencies through counselling, psychological and medical assistance …

We know what that looks like and we have heard descriptions of the horrific impacts that that has had on so many people, including people who are here today. The petitioners finally, and also rather generously, asked the Government to conduct a "vigorous campaign to combat the serious venereal disease epidemic particularly amongst practising male homosexuals". These were illiberal requests to make of Parliament, antithetical to a free society that values the role of loving families and individuals. That is the type of fearmongering that has occurred for decades, perhaps centuries, in Australia against the acceptance and inclusion of non-heterosexual people. Thankfully, what people consensually do in their own bedrooms is now legal. In 1984 the New South Wales Parliament passed a private member's bill to decriminalise consensual sex between men.

The Liberal Party, under the then Opposition leader Nick Greiner, supported a conscience vote that enabled the legislation to pass Parliament. Former Liberal member for Bligh Mr Michael Yabsley, along with Nick Greiner, spoke in support of decriminalising homosexual acts between men. Today's apology marks a time when fearmongering will become less powerful and more unreasonable. It is important for me to name, celebrate and honour the courage of my Liberal Party fellows who were able to overcome discrimination, difference and denigration to represent Australians in Parliament and, therefore, in policy—people who have moved the Overton window closer to a society that represents the Liberal values of individual expression and freedom to help us get to where we are today.

This should never be a partisan issue, but I do want to celebrate those contributions. I fear it is too often forgotten or never known. The first openly gay man elected to the other place was a Liberal, Bruce Notley‑Smith, who is in the gallery today. He made history in 2011. In 2015 Trent Zimmerman, former Federal member for North Sydney, was the first openly gay man elected to the House of Representatives. It was thanks to the tireless advocacy of the Hon. Don Harwin, a former Minister and President of this place, that the Liberal Party supported a conscience vote on adoption rights for same-sex couples. I am proud to say that he is also with us today in another leadership role, where I believe he is again the first openly gay person to hold the position, as New South Wales Liberal Party president.

I also acknowledge Geoff Selig for the work that he did with organisations in the community. Unfortunately, very tragically, he passed away recently. He had guests at his memorial as diverse as recipients of the Pinnacle Foundation scholarship that he funded, to the Hon. John Howard. It is important to recognise the value that centre right members of the LGBTQI community have in shifting the Overton window to encourage understanding and tolerance of differences across society. It is part of the reason why inclusivity in the queer community should always be sensitive and open to differences of opinion. These people were on the front line against fear and often hatred towards the queer community. I thank them very much for their courage in persevering.

I want to also pay tribute to Liberal Senator for New South Wales Chris Puplick, AM, who is here today. He has worked tirelessly throughout his life to advance LGBTQI rights. In 2014 the Baird Government changed the law to enable historical homosexual offences to be extinguished. In 2016 Bruce Notley-Smith said sorry and thank you during the apology to the 78ers. In 2022 with the Hon. Shayne Mallard, who is here today, and Alex Greenwich, the special commission of inquiry into historical gay hate crimes began. I am so proud to say that we are here today where we can say sorry. Again I say thank you. Thank you for persevering and for continuing to hope for a better world for our community and for Australia.

The Hon. JOHN GRAHAM (Special Minister of State, Minister for Roads, Minister for the Arts, Minister for Music and the Night-time Economy, and Minister for Jobs and Tourism) (15:01): I speak in support of this apology. The reflections of members to date show just how important the support of all sides of politics has been to get to where we are today. I endorse those sentiments. In particular I add my thanks to each of those people who the Hon. Jacqui Munro has singled out for thanks and to all those who have been named. I will add two specific thanks to that long list of people who have been involved in this important change over time.

I thank the Leader of the Government for her role in articulating this apology today. Having seen her work over the decades, I think it is appropriate to thank her for her role today and in the past, so I want to single her out. I also thank Neville Wran. It is appropriate to reflect on the leadership that it took to bring this law through all those decades ago. As a small indication of the pressure of that, this came through as a private member's bill. I recognise his role. It underscores his role as a reforming Premier of the time, crystalising that movement that had been built up, as so many people have talked about.

Second, I reflect as the arts Minister that I have had the great pleasure of being able to offer some small support to the Qtopia project, which is the first queer history museum in Australia. I see that as such an important project, because communities need places to meet, to gather and tell their history. That project has been, already, in its short time, one of those places. It is some small recognition of how important the gay, lesbian and queer communities have been to New South Wales. Sydney and New South Wales simply would not be the city or the society that we are without those communities and the role they have played over time.

Third, I simply add that, as other members have already said, it is never too late to say sorry, but that cannot take away the hurt or the harm that has been caused. I accept that there is more to do for the LGBTIA community and more change is required. Those are issues which all members should reflect on. However, it is important to pause and reflect today as the Parliament apologises. It is an appropriate moment to reflect on how changes happened in the past. This apology assists us to do so, and I am happy to support the motion.

The Hon. AILEEN MacDONALD (15:04): I acknowledge and support the formal State apology to those people who were convicted under historic laws that made homosexuality a crime until 1984. It is hard to imagine that this great State and country criminalised, persecuted and harmed people based on their sexuality and gender. The gesture may be late, but it is worthy. The apology comes, as we have heard today, on the fortieth anniversary of the passing of the Crimes (Amendment) Bill 1984 that finally decriminalised homosexual acts. I also acknowledge that Sydney's first Mardi Gras was on 24 June 1978, which resulted in violent arrests and jailings of several protesters who would later come to be known as the 78ers.

I say thank you to those prominent Sydney gay activists who are here today to witness this apology. I hope that for them the apology has brought some comfort and closure. I thank all those in the gallery for their patience and perseverance. To my friends, Bruce Notley-Smith, Shayne Mallard and Don Harwin, I thank them for what they did in the past. I also thank my current parliamentary colleagues. I will not name them, because they are here today. I am not a flag-bearer for the gay community, but I have always been a strong advocate for equality. No‑one should be denied basic human rights based on their gender or sexuality.

It is with a great deal of respect that I pay tribute to the Hon. Penny Sharpe who sits on the Government side of this House. Minister Sharpe is the Leader of the Government in the Legislative Council and is a pioneer as one of the first openly gay Ministers here in New South Wales. There is a certain irony that it was she who moved the motion for the apology. By her own admission she would not be here today if it were not for the struggles of those in 1978 and the decriminalisation in 1984 under Labor Premier Neville Wran. I did not know Neville Wran, but I know that he changed the law for the betterment of the people of this great State of New South Wales.

I do not care what side of politics you are on; we were all created equal and should be treated that way. As I said in my inaugural speech, I believe in the freedom of speech and the freedom of liberties. Equality and freedom from discrimination are fundamental human rights that belong to all people regardless of their sexual orientation or gender identity. Sadly, we have yet to eradicate homophobic abuse, but it is my sincere wish that gestures like the apology help in its elimination. It will not fix the wrongs of the past, but it is a step in the right direction.

The Hon. PENNY SHARPE (Minister for Climate Change, Minister for Energy, Minister for the Environment, and Minister for Heritage) (15:07): In reply: I thank everyone who has contributed today. I acknowledge a few people that were here, particularly those who have stood in this place: former President Meredith Burgmann, former President Don Harwin, the Hon. Shayne Mallard—who got in a bit of trouble when he was here—the Hon. Bruce Notley-Smith, former Senator Chris Puplick. I also acknowledge someone who I am not sure has been acknowledged today, and that is Mairi Petersen. George Petersen made the first attempt to decriminalise sexuality—it took us four goes—and he was extremely important. I want to recognise him. I am so pleased that Mairi is able to be here today.

I also want to acknowledge that Jill Wran was here and to acknowledge the work of Neville Wran. When I met with people yesterday who, yet again, continued to share their wisdom with me—they are very patient—they told the story of law reform as not just one piece of legislation but as many different pieces. There were laws that harmed people—particularly if they were poor, young or Aboriginal—and all of those impacted on all of us. It is profound to remember the reforms, as the Hon. John Graham mentioned, in terms of Neville Wran, who was a genuine civil libertarian and someone who fought courageously for equality for all. He was one of our greatest Premiers. I thank Jill for being able to be here today.

I acknowledge the contributions of Leader of the Opposition the Hon. Damien Tudehope, Dr Amanda Cohn, the Hon. Stephen Lawrence—a fantastic speech—the Hon. Chris Rath, the Hon. Jeremy Buckingham, Ms Cate Faehrmann, the Hon. Jacqui Munro, the Hon. John Graham and the Hon. Aileen MacDonald. I also acknowledge the Hon. Sarah Mitchell and her contribution. The National Party has come a long way. In 1984 it voted en bloc against these laws. National Party members in this place have profoundly changed the way in which the party now supports equality. I particularly thank the Hon. Sarah Mitchell for acknowledging my dear friend, Trevor Khan, now Magistrate Khan—a troublemaker if ever you met one. I do not know what will come before his court. I also acknowledge the President, the Hon. Ben Franklin.

Diverse parliaments make better laws. The laws that were talked about today were made by a very narrow range of people. One of the great things about today is that we have seen how diversity fundamentally changes that so that we make better laws. That is important. I thank everyone for their support of the motion. We are truly sorry and we need to make sure we do not do it again.

The PRESIDENT: The question is that the motion be agreed to.

Motion agreed to.