- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- 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
- ✔ Full ban
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (less than 6-month deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Homosexual activity in Australian Capital Territory is legal.
Current status
Since Nov 8, 1976
Legal
The Australian Capital Territory (ACT) legalised homosexual activity in 1976, and was the second state or territory of Australia to do so.
Illegal (up to life in prison as punishment)
New South Wales’ Crimes Act of 1900 also applied in the Australian Capital Territory and criminalised buggery with life imprisonment.
Jan 26, 1788–Oct 30, 1900
Illegal (death penalty as punishment)
Until 1900, homosexuality was punished by death in the Australian Capital Territory as the first settlement and others would have Britain’s Buggery Act apply to them.
Until Jan 25, 1788
Legal under federal Australia 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 Australian Capital Territory is legal.
Current status
Since Dec 9, 2017
Legal under federal Australia 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.
Other type of partnership
In 2008, the Australian Capital Territory had provided same-sex couples with the possibility of recognition as a civil partnership. However, marriage was still off limits.
In 2013, the Australian Capital Territory briefly allowed same-sex marriage, but it was immediately overturned by the high court.
In 2013, the Australian Capital Territory briefly allowed same-sex marriage, but it was immediately overturned by the high court.
Other type of partnership
In 1994, the Australian Capital Territory provided legal recognition to same-sex couples as domestic partnerships. However, they did not achieve the same rights as married heterosexual couples.
Censorship of LGBT issues in Australian Capital Territory is no censorship.
Current status
No censorship
In the Australian Capital Territory, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Australian Capital Territory is legal, no restrictions.
Current status
Since Mar 20, 2014
Legal, no restrictions
The ACT abolished their surgery requirements in 2014, permitting anyone over the age of 14 to change the gender marker on official documents.
However, a consent law reform in 2021 has led to concerns of de facto criminalisation of transgender people who consent to sex without declaring that they are transgender.
However, a consent law reform in 2021 has led to concerns of de facto criminalisation of transgender people who consent to sex without declaring that they are transgender.
Gender-affirming care in Australian Capital Territory is legal.
Current status
Since 1991
Legal
Australian youth outside of Queensland 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 under federal Australia law
In 1979, 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 Australian Capital Territory is recognized.
Current status
Since Feb 16, 2016
Recognized
Individuals in Australian Capital Territory can request an X gender marker on their birth certificate.
LGBT discrimination in Australian Capital Territory is illegal.
Current status
Since Jan 20, 1992
LGBT employment discrimination in Australian Capital Territory is sexual orientation and gender identity.
Current status
Since Jan 20, 1992
LGBT housing discrimination in Australian Capital Territory is sexual orientation and gender identity.
Current status
Since Jan 20, 1992
Same-sex adoption in Australian Capital Territory is legal.
Current status
Since Mar 23, 2006
Intersex infant surgery in Australian Capital Territory is full ban.
Serving openly in military in Australian Capital Territory is legal.
Current status
Since Sep 13, 2010
Legal under federal Australia law
In 2010, Australia lifted its ban on transgender people serving in the military.
Illegal under federal Australia 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 under federal Australia 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 Australian Capital Territory is banned (less than 6-month deferral).
Current status
Since Jun 3, 2023
Banned (less than 6-month deferral) under federal Australia 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) under federal Australia law
In 2021, Australia reduced the deferral period for men who have sex with men donating blood to 3-months.
Banned (1-year deferral) under federal Australia law
In 2000, Australia reduced the deferral period for blood donations from MSMs from 5 years to 1 year.
Banned (5-year deferral) under federal Australia 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 Australian Capital Territory is banned.
Current status
Since Mar 5, 2024
Equal age of consent in Australian Capital Territory is equal.
Current status
Since Dec 12, 1985
Equal
In 1985, the age of consent for homosexual relations was lowered to 16, equal to heterosexual relations, in the Australian Capital Territory.
Unequal
When the Australian Capital Territory decriminalised homosexuality in 1976, the age of consent was 18 compared to 16 for heterosexuality.
Jan 26, 1788–Nov 7, 1976
Female equal, male N/A
Until 1976, male homosexuality was illegal in the Australian Capital Territory.
Until Jan 25, 1788
Equal under federal Australia 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.
Australia Equality Rank
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#1 Australian Capital Territory86
-
#2 Victoria79
-
#3 Tasmania78
-
#4 South Australia77
#361
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