Current and former Australian Defence Force personnel can now apply to have historical homosexual convictions extinguished from their service records under the Defence extinguishment scheme, Veterans’ Affairs Minister Matt Keogh announced on 6 October 2026.
Convictions that outlived the law
Until 1992, consensual homosexual activity could be prosecuted as a service offence under Australian military discipline law. It has long been decriminalised, but the convictions still sit on service records. The Defence Force Discipline Act 1982 (Cth) was recently amended so eligible people can have them extinguished, meaning they are treated as if the conviction never happened. The Government says the Defence discipline system is the last jurisdiction in Australia to allow this. Keogh called it “an important step in righting a historical wrong”.
Who can apply, including families of those who have died
The person who was convicted, their representative, or someone with a special interest in the conviction can apply under the Defence extinguishment scheme. That includes family members of a person who has died. Defence says the application is free and confidential and does not require a court appearance.
The conduct must have been consensual, with no aggravating factors such as abuse of rank or power or sexual activity within the chain of command. Convictions for civilian state or territory offences go through those jurisdictions’ own schemes.
What happens after an application goes in
Applications to the Defence extinguishment scheme go to extinguishment.scheme@defence.gov.au. Defence acknowledges the application, collects the historical records from bodies such as Defence, the Australian War Memorial and the National Archives, and sends them to the applicant to review. The applicant has at least 28 days to withdraw. After that, a delegate decides, and an unsuccessful applicant can ask the Chief of the Defence Force for a review.
What the Defence extinguishment scheme does to a record
If a conviction is extinguished, it is removed from service, conduct and unit records. It will not appear on a criminal history check, and the person can lawfully say they were never convicted.
Those forced out, and an apology still to come
Former personnel who believe they were administratively separated because of a discriminatory Defence policy can seek a review and have their record updated. The Government has also agreed to issue a formal apology to LGBTIQA+ personnel and veterans, and intends to deliver it later this year.
Defence warns the form and process may be distressing, encourages applicants to seek support, and offers a confidential chat with the secretariat that runs the Defence extinguishment scheme.
Related: NSW Premier apologises for the criminalisation of homosexual acts
General information only, not legal advice. Check the official source before acting.
Sources: Minister for Veterans’ Affairs media release; Department of Defence.
