- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Varies by Region
- Changing Gender
- Varies by Region
- Gender-Affirming Care
- Varies by Region
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Varies by Region
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (less than 6-month deferral)
- Conversion Therapy
- Varies by Region
- Age of Consent
- ✔ Equal
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Public Opinion
Recent surveys in Australia indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.
OPPOSE
SUPPORT
Do you think people of the same sex should or should not be allowed to marry?
(Essential Research, 2018)
Do you think people of the same sex should or should not be allowed to marry?
(Essential Research, 2017)
Do you think people of the same sex should or should not be allowed to marry?
(Essential Research, 2016)
Do you think people of the same sex should or should not be allowed to marry?
(Essential Research, 2015)
Do you think people of the same sex should or should not be allowed to marry?
(Essential Research, 2014)
Perception of LGBTQ+ People
Survey results from 50 LGBTQ+ Equaldex users who lived in or visited Australia.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in Australia is legal.
Current status
Since May 14, 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.
Jan 26, 1788–Oct 26, 1876
Illegal (death penalty as punishment)
Homosexuality was punished by death in Australia as the first settlement and others would have Britain’s Buggery Act apply to them. However, South Australia removed the death penalty as a punishment in 1876.
Until Jan 25, 1788
Legal federal law
Before British colonisation in 1788, there was no evidence that any societies in precolonial Australia had any laws or orders criminalising homosexuality.
Same-sex marriage in Australia is legal.
Current status
Since Dec 9, 2017
Legal federal law
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.
Censorship of LGBT issues in Australia is varies by region.
Current status
Since Feb 28, 2024
Varies by Region
In 2024, the city of Cumberland passed a ban on drag storytime events for children and same-sex parenting books from children’s libraries. Although the latter was overturned, the former remains in place.
There are no other known censorship laws in Australia.
There are no other known censorship laws in Australia.
No censorship
- Western Australia 2002
- Tasmania 2001
- Australian Capital Territory
- Northern Territory
- Queensland
- South Australia
- Victoria
Varies by Region
Varies by Region
In 1935, Tasmania passed a law against crossdressing in public between sunset and sunrise, criminalising the gender expression of transgender women and crossdressing men.
Later in 1990, Western Australia’s Decriminalisation of Sodomy Act took effect but also contained provisions banning promotion of homosexuality.
No other states had laws censoring LGBTIQ+ expression or topics.
Later in 1990, Western Australia’s Decriminalisation of Sodomy Act took effect but also contained provisions banning promotion of homosexuality.
No other states had laws censoring LGBTIQ+ expression or topics.
Right to change legal gender in Australia is varies by region.
Current status
Since Nov 15, 1988
Varies by Region
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.
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.
Legal, no restrictions
- New South Wales 2025
- Queensland 2024
- Victoria 2020
- Tasmania 2019
- Australian Capital Territory 2014
Legal, but requires medical diagnosis
- Northern Territory 2018
- South Australia 2017
- Western Australia 2011
N/A
Gender-affirming care in Australia is varies by region.
Current status
Since Jan 28, 2025
Varies by Region
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.
Legal
- Australian Capital Territory 1991
- New South Wales 1991
- Northern Territory 1991
- South Australia 1991
- Tasmania 1991
- Victoria 1991
- Western Australia 1991
Legal, but restricted for minors
- Queensland 2025
N/A
Legal
Australian youth can begin accessing puberty blockers at the age of 10, full HRT is not typically prescribed until 16 and GCS is often not done until 18. However nobody can access irreversible treatment until 15.
For Oestrogen or Testosterone two independent child and adolescent psychiatrists must do a standardised assessment of psychological development as well as a formal assessment of the child’s gender identification and capacity to understand the proposed treatment. A paediatric endocrinologist establishes the child’s pubertal stage, excludes disorders and discusses with the child and parents the effects and risks of puberty suppression.
For Puberty blockers a young person requires a multidisciplinary team consisting of a paediatrician, two mental health professionals (one must be a psychiatrist), and a fertility expert, to agree treatment is in the child’s best interests. It is then necessary to make an application to the Family Court for authorisation of treatment.
For Oestrogen or Testosterone two independent child and adolescent psychiatrists must do a standardised assessment of psychological development as well as a formal assessment of the child’s gender identification and capacity to understand the proposed treatment. A paediatric endocrinologist establishes the child’s pubertal stage, excludes disorders and discusses with the child and parents the effects and risks of puberty suppression.
For Puberty blockers a young person requires a multidisciplinary team consisting of a paediatrician, two mental health professionals (one must be a psychiatrist), and a fertility expert, to agree treatment is in the child’s best interests. It is then necessary to make an application to the Family Court for authorisation of treatment.
Restricted federal law
In 1977, Australia legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Legal recognition of non-binary gender in Australia is recognized.
Current status
Since Jul 1, 2025
Recognized
In 2025, New South Wales became the last state to provide legal recognition to nonbinary people, granting recognition across all of Australia.
Intersex only
Australia provided legal recognition of a third gender through the X marker on passports since 2011, making it one of the first countries to offer it. However, only intersex people are afforded that right.
LGBT discrimination in Australia is illegal.
Current status
Since Jun 28, 2013
Illegal
The "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act of 2013" introduced new protections for discrimination against LGBT people in all areas, explicitly including sexual orientation and gender identity under federal protections. However, religious exemptions apply.
Varies by Region
In 1982, New South Wales added homosexuality as a protected characteristic from discrimination. Other states and territories would pass laws protecting LGBTIQ+ people from discrimination at varying times.
The Workplace Relations Act of 1996 provided federal protections from discrimination in employment on the basis of sexual orientation, but federal law wouldn’t include all areas or gender identity until 2013.
The Workplace Relations Act of 1996 provided federal protections from discrimination in employment on the basis of sexual orientation, but federal law wouldn’t include all areas or gender identity until 2013.
LGBT employment discrimination in Australia is sexual orientation and gender identity.
Current status
Since Jun 28, 2013
Sexual orientation and gender identity
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.
Varies by Region
In 1982, New South Wales added homosexuality as a protected characteristic from employment discrimination. Other states and territories would pass laws protecting LGBTIQ+ people from employment discrimination at varying times.
The Workplace Relations Act of 1996 provided federal protections from discrimination on the basis of sexual orientation, but some states also provided it to gender identity. Federal law would include gender identity in 2013.
The Workplace Relations Act of 1996 provided federal protections from discrimination on the basis of sexual orientation, but some states also provided it to gender identity. Federal law would include gender identity in 2013.
LGBT housing discrimination in Australia is sexual orientation and gender identity.
Current status
Since Jun 28, 2013
Sexual orientation and gender identity
The "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act of 2013" introduced new protections for discrimination against LGBT people in housing, explicitly including sexual orientation and gender identity under federal protections.
Varies by Region
In 1982, New South Wales added homosexuality as a protected characteristic from housing discrimination. Other states and territories would pass laws protecting LGBTIQ+ people from housing discrimination at varying times.
Intersex infant surgery in Australia is varies by region.
Serving openly in military in Australia is legal.
Current status
Since Sep 13, 2010
Legal federal law
In 2010, Australia lifted its ban on transgender people serving in the military.
Illegal federal law
In 1974, the ban on homosexuality in the military became official in Australia when the services of the ADF adopted consistent rules persecuting gay and lesbian soldiers, whether real or suspected, having them subjected to witch-hunts, surveillance, secret searches and intimidating interviews.
Until 1974
Don't Ask, Don't Tell federal law
Until 1974, Australia's military policy for LGBTIQ+ soldiers mostly operated under a "don't ask, don't tell" policy as there were bans against "unnatural offences" which at times was interpreted to include homosexuality but in practice, LGBTIQ+ soldiers served with commanders turning a blind eye if they were discreet about their identity. In fact, during the Second World War, Americans complained about Australian troops' homosexual behaviour in Papua New Guinea, urging them to adopt a ban on it in the military.
Blood donations by MSMs in Australia is banned (less than 6-month deferral).
A new law will be going into effect in 12 days.
Going into effect Jul 14, 2025
Legal federal law
In July 2025, Australia will lift the deferral period on blood donations from men who have sex with men.
Banned (less than 6-month deferral) federal law
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.
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.
Banned (less than 6-month deferral) federal law
In 2021, Australia reduced the deferral period for men who have sex with men donating blood to 3-months.
Banned (1-year deferral) federal law
In 2000, Australia reduced the deferral period for blood donations from MSMs from 5 years to 1 year.
Banned (5-year deferral) federal law
In 1984, Australia introduced a 5-year ban on blood donations from MSMs in response to three babies dying in Queensland after a donation from a gay man with HIV.
Conversion therapy in Australia is varies by region.
Current status
Since Aug 13, 2020
Varies by Region
Some states have banned conversion therapy, and some other states are planning to introduce a bill. The first ban occurred in Queensland in 2020.
Banned
- New South Wales 2025
- South Australia 2025
- Australian Capital Territory 2024
- Victoria 2022
- Queensland 2020
Not banned
N/A
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.
Varies by Region
The age of consent for same-sex and opposite sex acts was not equal for all Australian states
Jan 26, 1788–Oct 1, 1975
Female equal, male N/A
Until 1975, male homosexuality was illegal throughout all of Australia since the colonisation of the country in 1788.
Until Jan 25, 1788
Equal federal law
Before British colonisation in 1788, there was no evidence that any societies in precolonial Australia had any laws or orders criminalising homosexuality nor of an unequal age of consent.
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)
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