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Public Opinion

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History

Homosexual activity in Cocos

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Homosexual activity in Cocos is legal.

Current status
Since Jul 1, 1992
Legal
In 1992, the autonomy of the Cocos Islands was abolished bringing it under the jurisdiction of Western Australia which decriminalised homosexuality in 1990.
Until Jun 30, 1992
Male illegal, female legal
Until 1992, male homosexuality was illegal in the Cocos Islands.

Same-sex marriage in Cocos

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Same-sex marriage in Cocos is legal.

Current status
Since Dec 9, 2017
Legal
Under federal Australian law (to which the Keeling Islands are subject), same-sex marriage has been legal since 2017.
Jul 30, 2004–Dec 8, 2017
Banned
In 2004, same-sex marriage was banned in Western Australia under Australian federal law which defined a marriage as between a man and a woman. This also applied in the Cocos Islands.
Until Jul 29, 2004
Unrecognized
The laws of Western Australia apply to the Keeling Islands and before federal legalisation Western Australia (and hence the Keeling Islands) did not recognise same-sex marriage. However, there was also no explicit ban until 2004.

Censorship of LGBT issues in Cocos

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Censorship of LGBT issues in Cocos is no censorship.

Current status
Since Apr 17, 2002
No censorship
Since the Lesbian and Gay Law Reform Act of 2002 repealed the Decriminalisation of Sodomy Act of 1989 which contained a section banning the promotion of homosexual activity, Western Australia has no laws censoring LGBTIQ+ topics. This also applies to the Cocos Islands.
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Jul 1, 1992–Apr 16, 2002
State-enforced
Although the Decriminalisation of Sodomy Act of 1989 decriminalised homosexuality in Western Australia, it also contained provisions banning promotion of it and education of homosexuality in secondary schools. This would apply to the Cocos Islands in 1992 when it came under the jurisdiction of Western Australia.
Until Jun 30, 1992
No censorship
Until 1992, there were no known laws censoring or restricting LGBTIQ+ topics in the Cocos Islands.

Right to change legal gender in Cocos

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Right to change legal gender in Cocos is legal, but requires medical diagnosis.

Current status
Since Oct 6, 2011
Legal, but requires medical diagnosis
Cocos is under the jurisdiction of Western Australia whose Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Apr 12, 2000–Oct 6, 2011
Legal, but requires surgery
Cocos is under the jurisdiction of Western Australia whose Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Until Apr 11, 2000
Illegal
Until 2000, there was no legal gender recognition provided in the Cocos Islands.
Report error  ·  Log

Gender-affirming care in Cocos

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Gender-affirming care in Cocos is n/a.

Current status
N/A
The island's limited health infrastructure does not have the resources to offer gender-affirming care.
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Legal recognition of non-binary gender in Cocos

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Legal recognition of non-binary gender in Cocos is intersex only.

Current status
Since Sep 15, 2011
Intersex only
In 2011, intersex people achieved legal recognition in the Cocos Islands under federal Australian law.

Non-binary genders are not recognised by local governments or under Western Australia law. However, there was discussion of it in 2018.
Until Sep 14, 2011
Not legally recognized
Until 2011, there was no legal recognition provided to intersex or nonbinary people in the Cocos Islands.
Report error  ·  Log

LGBT discrimination in Cocos

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LGBT discrimination in Cocos is illegal.

Current status
Since Jun 28, 2013
Illegal
Gender identity became a protected characteristic from discrimination in the Cocos Islands in 2013 under federal Australian law. To date, there is no state-level protection in Western Australia provided against discrimination on the basis of gender identity.

Sexual orientation was protected by state laws since 2002.
Jan 1, 1997–Jun 27, 2013
Illegal in some contexts
In 1997, sexual orientation became a protected characteristic in the Cocos Islands from employment discrimination under federal Australian law. Gender identity was not protected and no other protections were provided to sexual orientation.

In 2002, Western Australia would provide sexual orientation its own state-level protections which includes the Cocos Islands, but none would extend to gender identity until another federal law in 2013.
Until Dec 31, 1996
No protections
Until 1997, there were no protections from discrimination provided to LGBTIQ+ people in the Cocos Islands.
Report error  ·  Log

LGBT employment discrimination in Cocos

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

Current status
Since Jun 28, 2013
Sexual orientation and gender identity
Gender identity became a protected characteristic from discrimination in employment in the Cocos Islands in 2013 under federal Australian law. To date, there is no state-level protection in Western Australia provided against discrimination on the basis of gender identity.

Sexual orientation was protected by state laws since 2002.
Jan 1, 1997–Jun 27, 2013
Sexual orientation only
In 1997, sexual orientation became a protected characteristic in the Cocos Islands from employment discrimination under federal Australian law. Gender identity is not protected.

In 2002, Western Australia, which includes the Cocos Islands, would provide sexual orientation its own state-level protections, but none would extend to gender identity until another federal law in 2013.
Until Dec 31, 1996
No protections
Until 1997, there were no protections from discrimination in employment provided to LGBTIQ+ people in the Cocos Islands.

LGBT housing discrimination in Cocos

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

Current status
Since Jun 28, 2013
Sexual orientation and gender identity
Gender identity became a protected characteristic from discrimination in housing in the Cocos Islands in 2013 under federal Australian law. To date, there is no state-level protection provided against discrimination on the basis of gender identity in Western Australia.
Report error  ·  Log
Apr 17, 2002–Jun 27, 2013
Sexual orientation only
In 2002, Western Australia passed the Lesbian and Gay Law Reform Act which prohibited discrimination in housing on the basis of sexual orientation. This also applied in the Cocos Islands. However, gender identity remained unprotected until 2013.
Report error  ·  Log
Until Apr 16, 2002
No protections
Until 2002, there were no protections from discrimination in housing provided to LGBTIQ+ people in the Cocos Islands.
Report error  ·  Log

Same-sex adoption in Cocos

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Same-sex adoption in Cocos is legal.

Current status
Since Apr 17, 2002
Legal
In 2002, Western Australia became the first state in Australia to allow same-sex adoption when it passed the Lesbian and Gay Law Reform Act, which amended the Adoption Act of 1994 to allow same-sex couples to adopt. This also applies in the Cocos Islands.
Report error  ·  Log
Until Apr 16, 2002
Illegal
Until 2002, same-sex adoption was not possible in the Cocos Islands. The Adoption Act required the parents to be married and explicitly defined the parents as being a father and mother.
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Intersex infant surgery in Cocos

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Intersex infant surgery in Cocos is not banned.

Current status
Not banned
Cocos operates under Western Australian law where surgery on intersex infants is legal.
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Serving openly in military in Cocos

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Serving openly in military in Cocos is n/a.

Current status
N/A
The Cocos (Keeling) Islands are external territories of and therefore protected by Australia.
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Blood donations by MSMs in Cocos

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Blood donations by MSMs in Cocos is n/a.

Current status
N/A
The Cocos Islands’ limited health infrastructure does not have the resources to offer blood donations.

Conversion therapy in Cocos

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Conversion therapy in Cocos is not banned.

Current status
Not banned
Cocos follows Western Australian law, under which conversion therapy is not banned. The government previously promised to ban it but a ban has yet been put in place.

Equal age of consent in Cocos

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Equal age of consent in Cocos is equal.

Current status
Since Apr 17, 2002
Equal
The Acts Amendment (lesbian and gay law reform) Act 2002 repealed legislation which unfairly penalised LGBT people, including laws setting an unequal age of consent. This also applies in the Cocos Islands.
Report error  ·  Log
Jul 1, 1992–Apr 16, 2002
Unequal
When Western Australia finally decriminalised same-sex sexual activity, it set the age of consent for homosexual couples to 21, simultaneously lowering the age of consent for heterosexual couples to 16. This would apply in the Cocos Islands in 1992 when it came under the jurisdiction of Western Australia.
Until Jun 30, 1992
Female equal, male N/A
Before 1992, homosexuality was criminalised in the Cocos Islands.