LGBT Rights in Australia

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: ✔ No censorship
Changing Gender: ✔ Legal, surgery not required
Non-binary gender recognition: ✔ Recognized
Discrimination: ✔ Illegal
Employment Discrimination: ✔ Sexual orientation and gender identity
Housing Discrimination: ✔ Sexual orientation and gender identity
Adoption: Unknown
Military: ✔ Legal
Donating Blood: ✖ Banned (3-month deferral)
Conversion Therapy: Unknown
Age of Consent: ✔ Equal

Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

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

(13%) Against

Support (76%)

Views on same-sex couples' right to adopt

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

(21%) Disagree

Agree (71%)

Acceptance of homosexuals as neighbors

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

Question: "On this list are various groups of people. Could you please mention any that you would not like to have as neighbors?"

(11.8%) Mentioned homosexuals

Did not mention homosexuals (88.2%)

Justifiability of homosexuality

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

Question: "Please tell me for each of the following statements whether you think it can always be justified, never be justified, or something in between."

(14.9%) Not justifiable

Justifiable (61.8%)

Opinion on same-sex couples as parents

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

Question: "Homosexual couples are as good parents as other couples"

(19.6%) Disagree

Agree (54.7%)

"Should society accept homosexuality?" (2019)

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

Question: "Should society accept homosexuality?"

(14%) No

Yes (81%)

"Should society accept homosexuality?" (2013)

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

Question: "Should society accept homosexuality?"

(18%) No

Yes (79%)

Perceived Acceptance of Gay People

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

Question: "Is the city or area where you live a good place or not a good place for homosexuals?"

(10%) Not a good place

Good place (72%)

History

Homosexual activity in Australia

Homosexual activity in Australia is legal.

Current status
Since Mar 31, 1994

Legal

Homosexual activity federally decriminalized

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 legal, surgery not required.

Current status
Since Jul 1, 2017

Legal, surgery not required

Legal status has changed.

Details · Accurate? Yes No

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.

Current status
Since Dec 6, 1986

Illegal

The Human Rights and Equal Opportunity Commission Act of 1986 prevents discriminatory activities

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 unknown.

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

Current status

Unknown

Homosexuals serving openly in military in Australia

Homosexuals 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 unknown.

Current status

Unknown

Equal age of consent in Australia

Equal age of consent in Australia is equal.

Current status
Since Sep 16, 2016

Equal

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

Details · Accurate? Yes No

LGBT Rights by State

View the LGBT laws in each individual state of Australia.

Western Australia
Heard Island and McDonald Islands (Territory)
Australian Capital Territory (Territory)
Northern Territory (Territory)

Equality Index ?

86 / 100

Legal Rights

98 / 100

Public Opinion

73 / 100

#14

Interest Rank ?

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LGBT Rights in Australia

Public Opinion

Views on same-sex marriage or other legal recognition