September 2025 marked 50 years since the decriminalisation of homosexuality in South Australia.
Up until the 1970s, homosexuality, specifically homosexual acts between men, was a criminal offence throughout Australia.
Changes to the legislation first occurred in South Australia in 1972. In May that year, Dr George Ian Ogilvie Duncan, a law lecturer and gay man, died by drowning in the River Torrens. His murder sparked widespread public interest and political debate over the persecution of homosexual men in South Australia. The ensuing debate prompted Murray Hill, Liberal and Country League member of the Legislative Council, to introduce a Private Member’s Bill to enact gay law reform.
After debate over the Bill in both houses, a member of the Legislative Council put forward an amendment that a private, consensual act, committed between two men over 21, would exist only as a defence in court. To ensure some reform was made, both Houses passed the bill with the amendments. As a result, homosexual conduct remained illegal, but there was now a defence for the accused if they could prove that an act was committed between consenting adult males in private.
As a newly elected Labor member of the House of Assembly, Peter Duncan (no relation to Dr Duncan) introduced his own Private Member’s Bill in 1973 to enact further reform, but it was defeated in the Legislative Council. In 1975, Peter Duncan re-introduced his Criminal Law (Sexual Offences) Bill. Rather than focusing solely on the decriminalisation of certain acts, his Bill sought to alter the law so that all persons would be treated equally in relation to sexual behaviour regardless of sexual orientation or gender.
The Bill formally passed the Legislative Council on 17 September 1975.
The Act to Amend the Criminal Law Consolidation Act, 1935-1974, and the Police Offences Act, 1953-1974, was signed into law by the South Australian Governor, Sir Mark Oliphant, on 2 October and South Australia became the first place in Australia to decriminalise homosexuality.
To learn more of the story behind the development of the legislation read this essay by journalist Simon Royal.
In 2025, the Centre of Democracy interviewed a few key figures to hear their thoughts about LGBTIQA+ legislation and the ongoing impact of gay law reform.
Varo (they/them)
Varo is the Chief Executive Officer of the SA Rainbow Advocacy Alliance (SARAA). They are a queer non-binary health and social policy leader who is passionate about creating a healthy, safe and inclusive South Australia.
SARAA is the charitable peak body that champions the health, safety, inclusion, equity and equality of LGBTIQA+ South Australians.
Hon. Michelle Lensink MLC (she/her)
Michelle Lensink was elected to the Legislative Council in the Parliament of South Australia in 2003, representing the Liberal Party.
Between 2018-2022, she was appointed Minister for Human Services in the Marshall government. Currently Shadow Minister for multiple portfolios, including Human Services, Michelle is also a member of the Premier’s Commemorative Committee for this significant anniversary.
Jenny Scott (she/her)
Jenny is a transgender woman and passionate advocate for the South Australian LGBTIQA+ community. While she remembers the law reform in 1975, at the time she was married to a woman and they were expecting their first child. She came out as trans in 1993.
Jenny stood as a candidate twice for the Australian Democrats, first in 2004 for the Australian Senate and then in 2006 for the South Australian Parliament. Although now retired, Jenny worked for many years as an archivist, with a strong focus on South Australian queer stories.
Hon Robert Simms MLC (he/him)
Robert Simms has been a Member of the Legislative Council in the Parliament of South Australia since 2021, representing The Greens.
Prior to entering state parliament, Robert served as a Senator for South Australia between 2015-2016. He was the first out gay man to represent the state in federal parliament, and has been a strong voice for LGBTIQA+ rights. He is also a member of the Premier’s Commemorative Committee for this significant anniversary.
On Wednesday 24 September, the History Trust of South Australia gathered with guests in the House of Assembly, Parliament House to commemorate the passing of this significant legislation with a panel discussion. Watch the recording of the event to hear Hon Ian Hunter MLC, Hon Chris Sumner AM, and Commissioner for Equal Opportunity Jodeen Carney, share their insights on the legacy and significance of the law reform, political responsibility, social justice and human rights. The History Trust would also like to thank Professor John Williams, Blair Boyer MP and Cliffy ‘Tangku Munaitya’ Wilson for their contributions to this event.
