- Homosexuality
- ⚢N/A
- Gay Marriage
- ⚭✔ Legal
- Censorship
- N/A
- Changing Gender
- N/A
- Gender-Affirming Care
- N/A
- Non-Binary Gender Recognition
- N/A
- Discrimination
- N/A
- Employment Discrimination
- N/A
- Housing Discrimination
- N/A
- Adoption
- N/A
- Intersex Infant Surgery
- N/A
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (less than 6-month deferral)
- Conversion Therapy
- N/A
- Age of Consent
- N/A
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Public Opinion
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Homosexual activity in Heard Island and McDonald Islands is n/a.
Current status
Since Jan 26, 1788
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
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 Heard Island and McDonald Islands 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.
Until Dec 8, 2017
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Censorship of LGBT issues in Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Right to change legal gender in Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Gender-affirming care in Heard Island and McDonald Islands is n/a.
Current status
Since 1991
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Restricted under federal Australia 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 Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
LGBT discrimination in Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
LGBT employment discrimination in Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
LGBT housing discrimination in Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Same-sex adoption in Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Intersex infant surgery in Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Serving openly in military in Heard Island and McDonald Islands 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 Heard Island and McDonald Islands is banned (less than 6-month deferral).
A new law will be going into effect in 9 days.
Going into effect Jul 14, 2025
Legal under federal Australia 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) 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 Heard Island and McDonald Islands is n/a.
Current status
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
Equal age of consent in Heard Island and McDonald Islands is n/a.
Current status
Since Jan 26, 1788
N/A
There is no permanent population in Heard Island and the McDonald Islands, leaving no laws applicable to the region.
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.
Equality Index ?
N/A
There is not enough information on Heard Island and McDonald Islands for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Heard Island and McDonald Islands to help improve its accuracy.
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Alternative names: Heard and McDonald Islands (local name)