- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Varies by Region
- 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
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (less than 6-month deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
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New South Wales is lacking public opinion data.
Help expand our understanding of the public's view on LGBTQ+ issues in New South Wales by sharing a link to a survey from a reputable organization.
Suggest Public Opinion DataPerception of LGBTQ+ People
Survey results from 10 LGBTQ+ Equaldex users who lived in or visited New South Wales.
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 New South Wales is legal.
Current status
Since May 11, 1984
Legal
Homosexual activity between men was decriminalized in New South Wales on 11 May 1984 when the Crimes (Amendment) Act 1984 removed all parts of the Crimes Act 1900 that criminalized consensual sex between men.
The Crimes (Amendment) Act 1984 was given assent on 31 May 1984 by NSW Governor Sir James Rowland, but the sections legalising homosexual activity came into effect 20 days earlier.
The Crimes (Amendment) Act 1984 was given assent on 31 May 1984 by NSW Governor Sir James Rowland, but the sections legalising homosexual activity came into effect 20 days earlier.
Male illegal, female legal
The Crimes Act 1900 outlawed "indecent assaults" between men, regardless of whether both parties were consenting. Men who engaged in "any act of indecency" with another man would be given a prison sentence of two years. There was no mention of gay women in the legislation.
Buggery was also criminalised with 14 years imprisonment, amended from life imprisonment in 1924.
Buggery was also criminalised with 14 years imprisonment, amended from life imprisonment in 1924.
Jan 26, 1788–Oct 30, 1900
Illegal (death penalty as punishment)
Until 1900, homosexuality was punished by death in New South Wales 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 New South Wales 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.
Foreign same-sex marriages recognized only
Prior to the federal legalisation of same-sex marriage in Australia, New South Wales recognised same-sex marriages performed overseas.
In November 2013, a bill to legalise same-sex marriage in the state narrowly failed by 21 votes to 19 in the upper house of the state Parliament.
On 24 June 2015, the New South Wales state Parliament unanimously passed a motion pressuring the federal government to pass the Marriage Equality Bill 2015 to legalise same-sex marriage nationwide.
In November 2013, a bill to legalise same-sex marriage in the state narrowly failed by 21 votes to 19 in the upper house of the state Parliament.
On 24 June 2015, the New South Wales state Parliament unanimously passed a motion pressuring the federal government to pass the Marriage Equality Bill 2015 to legalise same-sex marriage nationwide.
Banned
In 2004, same-sex marriage was banned in New South Wales under Australian federal law which defined a marriage as between a man and a woman.
Censorship of LGBT issues in New South Wales is varies by region.
Current status
Since Feb 28, 2024
Varies by Region
In February 2024, the Cumberland City Council passed a ban on drag story time events in the city.
In May, there was a ban on books about same-sex parenting in children’s libraries in Cumberland too but it was overturned two weeks later. However, the ban on drag story time remains in place.
In May, there was a ban on books about same-sex parenting in children’s libraries in Cumberland too but it was overturned two weeks later. However, the ban on drag story time remains in place.
Right to change legal gender in New South Wales is legal, no restrictions.
Current status
Since Jul 1, 2025
Legal, no restrictions
In October 2024, the lower house (the Legislative Assembly) of the New South Wales state parliament passed the Equality Legislation Amendment (LGBTIQA+) Act 2024, which removed surgical requirements for a legal change of gender, by a margin of 50 votes to 30. It was later passed through the upper house (the Legislative Council) and given royal assent by NSW Governor Margaret Beazley.
The law came into effect on 1 July 2025, making New South Wales the last state in Australia to remove surgical requirements for a legal change of gender.
The law came into effect on 1 July 2025, making New South Wales the last state in Australia to remove surgical requirements for a legal change of gender.
Legal, but requires surgery
The right to change one's gender on official documents in New South Wales was established under the Transgender (Anti-Discrimination and Other Acts Amendment) Act 1996, which came into effect on 28 June 1996.
The law allowed for a person to apply to change their legal gender only if they have undergone sexual reassignment surgery, which was defined by the act as a "surgical procedure involving the alteration of a person’s reproductive organs for the purpose of assisting a person to be considered to be a member of the opposite sex, or to correct or eliminate ambiguities relating to the sex of the person."
The law also stated that the applicant must be over the age of 18 and unmarried. If the person was under 18, the act required that a parent or guardian apply on their behalf.
The law allowed for a person to apply to change their legal gender only if they have undergone sexual reassignment surgery, which was defined by the act as a "surgical procedure involving the alteration of a person’s reproductive organs for the purpose of assisting a person to be considered to be a member of the opposite sex, or to correct or eliminate ambiguities relating to the sex of the person."
The law also stated that the applicant must be over the age of 18 and unmarried. If the person was under 18, the act required that a parent or guardian apply on their behalf.
Gender-affirming care in New South Wales 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 1977, Australia legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
LGBT employment discrimination in New South Wales is sexual orientation and gender identity.
Current status
Since Jun 19, 1996
Sexual orientation and gender identity
In 1996, transgender people were added to New South Wales' anti-discrimination act as a protected characteristic against employment discrimination.
LGBT housing discrimination in New South Wales is sexual orientation and gender identity.
Current status
Since Jun 19, 1996
Sexual orientation and gender identity
In 1996, transgender people were added to New South Wales' anti-discrimination act as a protected characteristic against housing discrimination.
Intersex infant surgery in New South Wales is not banned.
Current status
Not banned
No territory or state besides the Australian Capital Territory has banned intersex infant surgery.
Serving openly in military in New South Wales 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 New South Wales is banned (less than 6-month deferral).
A new law will be going into effect in 7 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 New South Wales is banned.
Current status
Since Apr 3, 2025
Equal age of consent in New South Wales is equal.
Current status
Since Jun 13, 2003
Equal
In 2003, New South Wales passed the Crimes Amendment Act which equalised the age of consent of homosexual relations to heterosexual ones.
Unequal
In 1984, New South Wales decriminalised homosexuality but while doing so, set the age of consent to 18 compared to 16 for heterosexual relations.
Jan 26, 1788–May 10, 1984
Female equal, male N/A
Until 1984, male homosexuality was illegal in New South Wales.
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
#308
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