In 1997 the High Court of Australia ruled that Tasmania's anti-gay laws were inconsistent with federal law, and Tasmania (the final jurisdiction with contrary laws) was forced to decriminalise homosexuality.

Same-sex marriage has been legal in Australia since 9 December 2017. The legislation to allow same-sex marriage, the Marriage Amendment (Definition and Religious Freedoms) Act 2017, passed the Australian Parliament on 7 December 2017 and received royal assent from the Governor-General the following day.

There have been no laws censoring LGBTIQ+ topics in Australia since the repeal of censorship laws in Western Australia in 2002. Bias of coverage is more based on media concentration.

On November 15, 1988, South Australia passed the Sexual Reassignment Act, the first law providing legal gender recognition in Australia.

Federally, there are no requirements for surgery for legal changes to federal documents since 2013 under the Australian Government Guidelines on the Recognition of Sex and Gender. However, state documents have varying requirements.

Most states don't allow you to change your gender marker more than once in a 12-month period. The High Court of Australia has ruled that gender reassignment surgery does not need to be comprehensive, just be socially identifiable as your preferred gender.
• Any government department that operates at a federal level does not require surgery.
• In NSW a gender marker change requires GRS, top surgery, or orchiectomy.
• In Queensland gender change requires an application confirming surgery or proof of reassignment surgery.
• In South Australia no surgery is required, only proof of psychological counseling.
• In Tasmania no surgery is required, they may require proof of psychological counseling for persons under 18.
• In Victoria no surgery is required, you just have to attest you are the gender you claim.
• In Western Australia surgery is not required.
• In Northern Territory clinical treatment, either: surgery, hormone therapy, or counselling is required.

Until 2025, gender-affirming care was subject to no legal restrictions throughout Australia until Queensland placed a pause on puberty blockers for patients in the public health system.

Australia does have recognition of nonbinary gender through the X marker on passports since 2011, making it one of the first countries to offer it.

However, for other IDs, the availability of the X gender marker varies by states. It's not recognised in New South Wales, for example.

The Human Rights and Equal Opportunity Commission Act of 1986 prevents discriminatory activities, however, the Sex Discrimination Act 1984 provides exemptions for religious institutions.

The "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act of 2013" introduced new protections for discrimination against LGBT people in employment, explicitly including gender identity under federal protections.

Anti-Discrimination Act 1977 made it to where LGBTQ persons are not to be discriminated against through housing, banking, and other rights

Adoption is not a federal law and is state-based. Since March 2018, same-sex couples can adopt children in all jurisdictions within Australia.

In 2023 the Australian Capital Territory passed the Variation in Sex Characteristics (Restricted Medical Treatment) Bill and became the first region of Australia to ban intersex infant surgery.

LGBTQ+ people are allowed to serve in the Australian army.

(Australia is responsible for the defence of: Heard Island and McDonald Islands.)

In Australia sexually active LGBT people are unable to donate blood unless they abstain from sex for three months. Since 2021, the deferral period within Australia was reduced from 1 year to 3 months without PrEP.

In June 2023, the Therapeutic Goods Administration (TGA) approved a submission from Australian Red Cross Lifeblood calling to remove most sexual activity ineligibility criteria for plasma donors.

Some states have banned conversion therapy, some other states are either planning to introduce a bill.

Following the amendment in the Queensland Criminal Code, the age of consent is now equal across all states and territories of Australia.