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 (less than 6-month deferral)
    Conversion Therapy
    Varies by Region
    Age of Consent
    ✔ Equal
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Recent surveys in Australia indicate a moderate level of acceptance for LGBTQ+ rights in specific areas.

Australia Surveys

LGB Demographics

of Australians described themselves as being gay, lesbian or bisexual

(YouGov, 2020)
of Australians agree trans people deserve the same rights and protections as other Australians
of Australians agree that young people should be able to access healthcare that supports them to live as their true selves.
of Australians agree that religious schools should not be able to fire someone or expel a student for being transgender.

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.
Sources:
www.austlii.edu.au/au/journals/AJHR/2001/6.html
Added by beeurd  ·  1 accurate vote  ·  Report Error  ·  Log
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.
Sources:
Willett, Graham (2000). Living Out Loud: A History of Gay and Lesbian activism in Australia. Allen & Unwin. p. 237. ISBN 1 86448 949 9.

"Age Of Consent & Sodomy Law awareness in Queensland Australia – need for urgent action". Queer Radio. Retrieved 20 August 2013.
Added by maxkasun  ·  1 accurate vote  ·  Report Error  ·  Log

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.
Until Dec 9, 2017
Banned
Same-sex marriage was unrecognized until 2017.
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log

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.
Sources:
rsf.org/en/australia#:~:text=Investigative%20journalism%20in%20danger,implied%20freedom%20of%20political%20communication%22.
Added by Pyrasaurus  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Australia

?

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

Current status
Since Jul 2017
Varies by Region
Federal: legal, surgery not required from 2013 under the Australian Government Guidelines on the Recognition of Sex and Gender. According to ILGA, at least three subnational jurisdictions require surgeries.

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.

Legal, no restrictions

  1. Queensland 2022
  2. Victoria 2020
  3. Northern Territory 2018
  4. South Australia 2017
  5. Heard Island and McDonald Islands
  6. Australian Capital Territory
  7. Tasmania

Legal, but requires medical diagnosis

  1. Western Australia 2000

Legal, but requires surgery

  1. New South Wales
Until Jul 1, 2017
Legal, but requires surgery
Legal, but requires hormone treatment
Added by christierroberts  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Australia

?

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

Current status
Since 2011
Recognized
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.
Sources:
ag.gov.au/rights-and-protec…
web.archive.org/web/2011101…//www.passports.gov.au/web/sexgenderapplicants.aspx#quest8
Added by DuffdeNecker  ·  1 accurate vote  ·  Report Error  ·  Log

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.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

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
Added by jtmateos  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Australia

?

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

Current status
Since Jun 28, 1997
Sexual orientation and gender identity
Anti-Discrimination Act 1977 made it to where LGBTQ persons are not to be discriminated against through housing, banking, and other rights
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

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
Added by joshtblack  ·  0 accurate votes  ·  Report Error  ·  Log
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.
Added by sofoust  ·  1 accurate vote  ·  Report Error  ·  Log
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.
Added by ruperttrepur  ·  1 accurate vote  ·  Report Error  ·  Log

Serving openly in military in Australia

?

Serving openly in military in Australia is legal.

Current status
Since Nov 24, 1992
Legal
LGBTQ+ people are allowed to serve in the Australian army.
Added by brennen  ·  1 accurate vote  ·  Report Error  ·  Log

Blood donations by MSMs in Australia

?

Blood donations by MSMs in Australia is banned (less than 6-month deferral).

Current status
Since 2021
Banned (less than 6-month deferral)
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.
Sources:
lifeblood.com.au/blood/elig…
theguardian.com/australia-n…~:text=In%20Australia%20sexually%20active%20gay,from%20sex%20for%20three%20months.
healthtimes.com.au/hub/publ…
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log
Jan 31, 2021–Jun 3, 2023
Banned (less than 6-month deferral)
Reduced to 3-months on Jan 31, 2021.
Added by Pyrasaurus  ·  0 accurate votes  ·  Report Error  ·  Log
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
Added by sofoust  ·  1 accurate vote  ·  Report Error  ·  Log

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, New South Wales and Victoria. Other states are either planning to introduce a bill, or have not introduced a bill as of yet.
Added by joshtblack  ·  1 accurate vote  ·  Report Error  ·  Log

Banned

  1. New South Wales 2025
  2. Victoria 2021
  3. Queensland 2020
  4. Heard Island and McDonald Islands
  5. Australian Capital Territory

Not banned

  1. Northern Territory
  2. South Australia
  3. Tasmania
  4. Western Australia

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.
Added by watbe  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by State

View the LGBT laws in each individual state of Australia.