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Public Opinion

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History

Homosexual activity in Northern Territory

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Homosexual activity in Northern Territory is legal.

Current status
Since Jan 1, 1984
Legal
Consensual same-sex activity has been legal in the Northern Territory since 1984.
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Jul 27, 1939–Dec 31, 1983
Male illegal, female legal
In 1939, the Northern Territory had amendments to its criminal code that removed the life imprisonment penalty for homosexuality. However, it remained illegal until 1984.
Oct 27, 1876–Jul 26, 1939
Illegal (up to life in prison as punishment)
The 1876 Criminal Law Act of South Australia applied to the Northern Territory until 1984. This criminalised homosexuality between men with life imprisonment until an amendment in 1939.
Jan 26, 1788–Oct 26, 1876
Illegal (death penalty as punishment)
Until 1876, homosexuality was punished by death in the Northern Territory as the first settlement and others would have Britain’s Buggery Act apply to them. However, there were no known executions.
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 Northern Territory

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Same-sex marriage in Northern 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.
Oct 1, 1991–Dec 9, 2017
Unregistered cohabitation
Until being legalised nationwide under federal law, the only law recognising same-sex couples in the Northern Territory was the De Facto Relationship Act of 1991. It provided provisions for unregistered couples who live together to be granted limited rights.
Until Sep 30, 1991
Unrecognized
Before the 1991 De Facto Relationships Act, the Northern Territory did not recognise same-sex relationships.

Censorship of LGBT issues in Northern Territory

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Censorship of LGBT issues in Northern Territory is no censorship.

Current status
No censorship
In the Northern Territory, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

However, in 2025, the Northern Territory government had banned the display of pride flags at hospitals.

Right to change legal gender in Northern Territory

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

Current status
Since Dec 6, 2018
Legal, but requires medical diagnosis
In 2018. the Northern Territory removed the requirement for surgery for legal gender recognition in its Births, Deaths and Marriages Regulations Act but retained that proof of “appropriate clinical treatment” be provided.
Jan 1, 1997–Dec 6, 2018
Legal, but requires surgery
In 1997, the Births, Deaths and Marriages Registration Act 1996 came into effect which provided for legal gender recognition in the Northern Territory on the condition that proof of surgery is provided.
Until Jan 1, 1997
Illegal
Until 1997, there was no legal gender recognition provided in the Northern Territory.

Gender-affirming care in Northern Territory

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Gender-affirming care in Northern 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.
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 Northern Territory

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Legal recognition of non-binary gender in Northern Territory is recognized.

Current status
Since Dec 6, 2018
Recognized
People can register their gender on their birth certificate as non-binary, intersex, indeterminate or other in the Northern Territory since 2018.
Sep 15, 2011–Dec 5, 2018
Intersex only
In 2011, intersex people achieved legal recognition in the Northern Territory under federal Australian law. However, nonbinary people remained unrecognised until 2018.
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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 the Northern Territory.
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LGBT discrimination in Northern Territory

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LGBT discrimination in Northern Territory is illegal.

Current status
Since Aug 1, 1993
Illegal
In 1993, the Northern Territory's Anti-Discrimination Act of 1992 came into effect, prohibiting discrimination in all areas on the basis of "sexuality", which included "transsexuality", providing protections to trans people as well. Later amendments would replace sexuality with sexual orientation and add gender identitty in 2022.
Until Jul 31, 1993
No protections
Until 1993, there were no protections from discrimination provided to LGBTIQ+ people in the Northern Territory.

LGBT employment discrimination in Northern Territory

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LGBT employment discrimination in Northern Territory is sexual orientation and gender identity.

Current status
Since Aug 1, 1993
Sexual orientation and gender identity
In 1993, the Northern Territory's Anti-Discrimination Act of 1992 came into effect, prohibiting discrimination in employment on the basis of "sexuality", which included "transsexuality", providing protections to trans people as well. Later amendments would replace sexuality with sexual orientation and add gender identitty in 2022.
Until Jul 31, 1993
No protections
Until 1993, there were no protections from discrimination in employment provided to LGBTIQ+ people in the Northern Territory.

LGBT housing discrimination in Northern Territory

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LGBT housing discrimination in Northern Territory is sexual orientation and gender identity.

Current status
Since Aug 1, 1993
Sexual orientation and gender identity
In 1993, the Northern Territory's Anti-Discrimination Act of 1992 came into effect, prohibiting discrimination in housing on the basis of "sexuality", which included "transsexuality", providing protections to trans people as well. Later amendments would replace sexuality with sexual orientation and add gender identitty in 2022.
Until Jul 31, 1993
No protections
Until 1993, there were no protections from discrimination in housing provided to LGBTIQ+ people in the Northern Territory.

Same-sex adoption in Northern Territory

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Same-sex adoption in Northern Territory is legal.

Current status
Since Mar 13, 2018
Legal
On March 13, 2018, the Northern Territory passed a new law allowing same-sex couples to adopt children.
Until Mar 12, 2018
Single only
Same-sex adoption was not legal in the Northern Territory until 2018. However, LGBTIQ+ singles could adopt.

Intersex infant surgery in Northern Territory

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Intersex infant surgery in Northern Territory 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 Northern Territory

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Serving openly in military in Northern 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.
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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 Northern Territory

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Blood donations by MSMs in Northern 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.
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 Northern Territory

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Conversion therapy in Northern Territory is not banned.

Current status
Not banned
According to ILGA, laws in force in Northern Territory do not regulate or restrict sexual orientation, gender identity or gender expression change efforts.
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Equal age of consent in Northern Territory

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Equal age of consent in Northern Territory is equal.

Current status
Since Mar 17, 2004
Equal
In 2004, the Northern Territory lowered the age of consent for homosexual relations to 16, making it equal to heterosexual ones.
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Jan 1, 1984–Mar 16, 2004
Unequal
When the Northern Territory decriminalised homosexuality in 1984, it set the age of consent to 18 compared to 16 for heterosexuality.
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Jan 26, 1788–Dec 31, 1983
Female equal, male N/A
Until 1984, male homosexuality was illegal in the Northern 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.
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