The application-based scheme will be introduced by way of amendments to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026, the government confirmed yesterday.

The proposed text will set out the qualifying offences, the criteria for a disregard and the procedures for making, considering and determining applications.

The decision follows the report of a multi-stakeholder working group which was established to examine and make recommendations on an application-based disregard scheme.

The group met 11 times, with follow-up and wider outreach activities occurring between each meeting, before producing its final report in 2023.

Justice, home affairs and migration minister Jim O’Callaghan said: “The Victorian-era laws that criminalised consensual sexual activity between men are now rightly recognised as a historical injustice.

“I am extremely pleased that the government has agreed to my proposals for a statutory disregard scheme which seeks to acknowledge this injustice and to address meaningfully some of the harm caused to affected gay men, as well as their families and friends, during the period of criminalisation.”

Other amendments set to be introduced to the bill at committee stage relate to the use of counselling notes in sexual offence trials and further restrictions to the granting of bail.