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Public Opinion

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History

Homosexual activity in Tasmania

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Homosexual activity in Tasmania is legal.

Current status
Since May 14, 1997
Legal
Tasmania decriminalised homosexual activity in 1997, making homosexual activity legal in all Australian states.
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.
www.alga.org.au/files/towar…
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Apr 4, 1924–May 13, 1997
Male illegal, female legal
The Criminal Code of 1924 criminalised male homosexuality in Tasmania with 21 years in prison.

Opposition to decriminalisation as well as the harshest punishment out of all Australian states led to the island being dubbed “Bigots’ Island” and the state ignored Australia’s call for federal decriminalisation in 1994 with even attempts to extend the penalty in 1996.
Jan 26, 1788–Apr 3, 1924
Illegal (death penalty as punishment)
Until 1924, homosexuality was punished by death in Tasmania 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.
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Same-sex marriage in Tasmania

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Same-sex marriage in Tasmania 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.
Sep 29, 2010–Dec 8, 2017
Foreign same-sex marriages recognized only
In 2010, Tasmania became the first state in Australia to recognise same-sex marriages that are performed abroad. However, marriage still was not legal until 2017.
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Jul 30, 2004–Sep 28, 2010
Banned
In 2004, same-sex marriage was banned in Tasmania under Australian federal law which defined a marriage as between a man and a woman.
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Until Jul 29, 2004
Unrecognized
Until 2004, there was no law explicitly banning same-sex marriage in Tasmania. However, there was also no legal recognition provided to same-sex couples.
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Censorship of LGBT issues in Tasmania

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Censorship of LGBT issues in Tasmania is no censorship.

Current status
Since Apr 12, 2001
No censorship
There are no laws restricting the discussion or promotion of LGBTQ+ topics in Tasmania since the repeal of a cross-dressing offence in 2001.
Oct 25, 1935–Apr 11, 2001
State-enforced
In 1935, Tasmania passed the Police Offences Act which contained a clause that prohibited men from wearing female apparel in public between sunset and sunrise, effectively criminalising the gender expression of transgender women and crossdressing men.

The law would be repealed in 2001.

Right to change legal gender in Tasmania

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Right to change legal gender in Tasmania is legal, no restrictions.

Current status
Since May 9, 2019
Legal, no restrictions
In May 2019, Tasmania became the first state to allow its citizens (especially transgender/agender people) to obtain a birth certificate that accurately reflects their gender identity. Given the novelty of the law, the state’s peak law reform body was directed to consider the impact of the reforms on Tasmania’s system of law and justice. Today, the Tasmania Law Reform Institute reported its findings that the changes in the law have no significant unintended consequences for the law and justice system.
Sep 19, 2001–May 9, 2019
Legal, but requires surgery
In 2001, an amendment was made to Tasmania’s Births, Deaths and Marriages Registration Act which provided for legal gender recognition provided that surgery had been performed.
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Until Sep 19, 2001
Illegal
Until 2001, there was no legal gender recognition provided in Tasmania.

Gender-affirming care in Tasmania

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Gender-affirming care in Tasmania 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.
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.
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Until 1977
Banned under federal Australia law
Until 1977, medical transition was not possible in Australia.
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Legal recognition of non-binary gender in Tasmania

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

Current status
Since May 9, 2019
Recognized
Non-binary gender is legally recognized in Tasmania since 2019.
Sep 15, 2011–May 8, 2019
Intersex only
In 2011, intersex people achieved legal recognition in Tasmania under federal Australian law. However, nonbinary people had no recognition until 2019.
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Until Sep 14, 2011
Not legally recognized
Until 2011, there was no legal recognition provided to intersex or nonbinary people in Tasmania.
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LGBT discrimination in Tasmania

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LGBT discrimination in Tasmania is illegal.

Current status
Since Dec 10, 1999
Illegal
In 1999, Tasmania's Anti-Discrimination Act of 1998 came into effect, including sexuality as a protected characteristic from all forms of discrimination. "Transsexuality" was included in this, but a 2013 amendment would later add "gender identity" as a characteristic representative of trans people.
Jan 1, 1997–Dec 9, 1999
Illegal in some contexts
In 1997, sexual orientation was only protected from employment discrimination in Tasmania due to a federal law. There were no other protections on the basis of sexual orientation nor were there any on the basis of gender identity.
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Until Dec 31, 1996
No protections
Until 1997, there were no protections from discrimination provided to LGBTIQ+ people in Tasmania.
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LGBT employment discrimination in Tasmania

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LGBT employment discrimination in Tasmania is sexual orientation and gender identity.

Current status
Since Dec 10, 1999
Sexual orientation and gender identity
In 1999, Tasmania's Anti-Discrimination Act of 1998 came into effect, including sexuality as a protected characteristic from employment discrimination. "Transsexuality" was included in this, but a 2013 amendment would later add "gender identity" as a characteristic representative of trans people.
Jan 1, 1997–Dec 9, 1999
Sexual orientation only
In 1997, sexual orientation was only protected from employment discrimination in Tasmania due to a federal law. There were no protections on the basis of gender identity.
Until Dec 31, 1996
No protections
Until Australia's federal law in 1997, there were no protections from discrimination in employment provided to LGBTIQ+ people in Tasmania.

LGBT housing discrimination in Tasmania

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

Current status
Since Dec 10, 1999
Sexual orientation and gender identity
In 1999, Tasmania's Anti-Discrimination Act of 1998 came into effect, including sexuality as a protected characteristic from housing discrimination. "Transsexuality" was included in this, but a 2013 amendment would later add "gender identity" as a characteristic representative of trans people.
Until Dec 9, 1999
No protections
Until 1999, there were no protections from discrimination in housing provided to LGBTIQ+ people in Tasmania.

Same-sex adoption in Tasmania

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Same-sex adoption in Tasmania is legal.

Current status
Since Jun 27, 2013
Legal
In 2013, Tasmania passed a bill that allowed couples registered under the Relationships Act to adopt children. This included same-sex couples.
Until Jun 26, 2013
Single only
Until 2013, same-sex couples could not adopt in Tasmania. However, singles could adopt under exceptional circumstances.
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Intersex infant surgery in Tasmania

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Intersex infant surgery in Tasmania is not banned.

Current status
Not banned
No territory or state besides the Australian Capital Territory has banned intersex infant surgery.
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Serving openly in military in Tasmania

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Serving openly in military in Tasmania 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.
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Nov 24, 1992–Sep 12, 2010
Lesbians, gays, bisexuals permitted, transgender people banned under federal Australia law
Since 1992, lesbian, gay and bisexual people are allowed to join the military but transgender people were still prohibited until 2010.
1974–Nov 23, 1992
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.
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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.
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Blood donations by MSMs in Tasmania

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Blood donations by MSMs in Tasmania 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.
Jan 31, 2021–Jun 2, 2023
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.
2000–Jan 31, 2021
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.
Nov 16, 19842000
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.
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Until Nov 15, 1984
Legal under federal Australia law
Until 1984, there were no restrictions on blood donations from men who have sex with men in Australia.
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Conversion therapy in Tasmania

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Conversion therapy in Tasmania is not banned.

Current status
Not banned
There are no laws in place banning conversion therapy. However, the Tasmania Law Reform Institute (TLR) is pushing for a conversion therapy ban, among other amendments to the law regarding LGBT.
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Equal age of consent in Tasmania

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Equal age of consent in Tasmania is equal.

Current status
Since May 14, 1997
Equal
In 1997, Tasmania decriminalised homosexuality with an equal age of consent to heterosexual couples.
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Jan 26, 1788–May 13, 1997
Female equal, male N/A
Until 1997, male homosexuality was illegal in Tasmania.
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.
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