LGBT Rights in Australia

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: ✔ No censorship
Changing Gender: Varies by Region
Non-binary gender recognition: ✔ Recognized
Discrimination: ✖ Illegal in some contexts
Employment Discrimination: ✔ Sexual orientation and gender identity
Housing Discrimination: ✔ Sexual orientation and gender identity
Adoption: ✔ Legal
Military: ✔ Legal
Donating Blood: ✖ Banned (3-month deferral)
Conversion Therapy: Varies by Region
Age of Consent: ✔ Equal

Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

Ranked #13 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(13%) Against

Support (76%)

Views on same-sex couples' right to adopt

Ranked #8 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(21%) Disagree

Agree (71%)

Acceptance of homosexuals as neighbors ?

Ranked #15 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

(11.8%) Mentioned homosexuals

Did not mention homosexuals (88.2%)

Justifiability of homosexuality ?

Ranked #11 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

(14.9%) Not justifiable

Justifiable (61.8%)

Opinion on same-sex couples as parents ?

Ranked #15 out of 74 regions surveyed. (Source: World Values Survey, 2017-2020)

(19.6%) Disagree

Agree (54.7%)

"Should society accept homosexuality?" (2019) ?

Ranked #8 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)

(14%) No

Yes (81%)

"Should society accept homosexuality?" (2013) ?

Ranked #5 out of 39 regions surveyed. (Source: Pew Research Center, June, 2013)

(18%) No

Yes (79%)

Perceived Acceptance of Gay People ?

Ranked #6 out of 119 regions surveyed. (Source: Gallup, 2013)

(10%) Not a good place

Good place (72%)

By The Numbers

4^%

of Australians described themselves as being gay, lesbian or bisexual

(Australian Bureau of Statistics, 2020)

78^%

of Australians agree trans people deserve the same rights and protections as other Australians

66^%

of Australians agree that young people should be able to access healthcare that supports them to live as their true selves.

66^%

of Australians agree that religious schools should not be able to fire someone or expel a student for being transgender.

(YouGov, 2020)

History

Homosexual activity in Australia

Homosexual activity in Australia is legal.

Current status
Since May 1, 1997

Legal

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.

Details · Accurate? Yes No

Mar 31, 1994–Apr 30, 1997

Varies by Region

Homosexual activity was federally decriminalized by the Human Rights (Sexual Conduct) Act 1994, although some local state laws remained inconsitent until 1997.

Details · Accurate? Yes No

Same-sex marriage in Australia

Same-sex marriage in Australia is legal.

Current status
Since Dec 9, 2017

Legal

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.

Details · Accurate? Yes No

Until Dec 9, 2017

Unrecognized, same-sex marriage and civil unions banned

Same-sex marriage was unrecognized until 2017.

Details · Accurate? Yes No

Censorship of LGBT Issues in Australia

Censorship of LGBT Issues in Australia is no censorship.

Current status

No censorship

Not mentioned in law, not punished either. Bias of coverage is more based on media concentration.

Details · Accurate? Yes No

Right to change legal gender in Australia

Right to change legal gender in Australia is varies by region.

Current status
Since Jul 1, 2017

Varies by Region

Legal, but surgery requirements vary by region. 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.

Details · Accurate? Yes No

Legal, surgery not required

Legal, but requires surgery

Queensland 2000
New South Wales

Until Jul 1, 2017

Legal, but requires surgery

Legal, but requires hormone treatment

Details · Accurate? Yes No

Legal recognition of non-binary gender in Australia

Legal recognition of non-binary gender in Australia is recognized.

Current status

Recognized

Australia does have recognition of nonbinary gender through the X marker on legal documentation.

Details · Accurate? Yes No

LGBT discrimination in Australia

LGBT discrimination in Australia is illegal in some contexts.

Current status
Since Dec 6, 1986

Illegal in some contexts

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

Details · Accurate? Yes No

LGBT employment discrimination in Australia

LGBT employment discrimination in Australia is sexual orientation and gender identity.

Current status
Since Jun 28, 2013

Sexual orientation and gender identity

Sex Discrimination Amendment (Sexual
Orientation, Gender Identity and
Intersex Status) Act 2013

Details · Accurate? Yes No

LGBT housing discrimination in Australia

LGBT housing discrimination in Australia is sexual orientation and gender identity.

Current status
Since Jun 28, 2013

Sexual orientation and gender identity

Details · Accurate? Yes No

Same-sex adoption in Australia

Same-sex adoption in Australia is legal.

Current status
Since Apr 20, 2018

Legal

Adoption of Children Legislation Amendment (Equality) Bill 2017

Details · Accurate? Yes No

Jan 2007–Apr 2018

N/A

This is not decided at the Federal level, but at the territorial government level. Some territories allow it, others do not.

Details · Accurate? Yes No

Since Apr 20, 2018

Legal

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

Details · Accurate? Yes No

Serving openly in military in Australia

Serving openly in military in Australia is legal.

Current status
Since Nov 24, 1992

Legal

Details · Accurate? Yes No

Blood donations by MSMs in Australia

Blood donations by MSMs in Australia is banned (3-month deferral).

Current status
Since Jan 31, 2021

Banned (3-month deferral)

Reduced to 3-months on Jan 31, 2021.

Details · Accurate? Yes No

1996–Jan 31, 2021

Banned (1-year deferral)

The Red Cross controls blood donations in Australia and it has a ban on MSMs active in the last year

Details · Accurate? Yes No

Conversion therapy in Australia

Conversion therapy in Australia is varies by region.

Current status

Varies by Region

Conversion therapy is illegal in the ACT, Queensland and Victoria. Other states are either planning to introduce a bill, or have not introduced a bill as of yet.

Details · Accurate? Yes No