- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Legal, but restricted for minors
- 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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Suggest Public Opinion DataPerception of LGBTQ+ People
Survey results from 12 LGBTQ+ Equaldex users who lived in or visited Queensland.
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 Queensland is legal.
Male illegal, female legal
The Criminal Code of the Australian colony of Queensland, drafted in 1899 by the colony’s chief justice, Sir Samuel Griffith, expanded the terms of criminalisation established under the Indian Penal Code to criminalise both partners who engage in male same-sex activity with up to three years in prison.
Jan 26, 1788–Nov 27, 1899
Illegal (death penalty as punishment)
Until 1899, homosexuality was punished by death in Queensland 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 Queensland 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.
Unregistered cohabitation
With the 2002 Discrimination Law Amendment Act, the Queensland government amended several pieces of legislation, granting several rights to unregistered domestic partners.
Unregistered cohabitation
In 1999, Queensland recognised same-sex couples in the following areas: property division, domestic violence protection orders, and parental and employment leave. Three years later, many more rights were granted, and the government largely saw this as a "testing the water" approach.
Censorship of LGBT issues in Queensland is no censorship.
Current status
No censorship
In Queensland, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Queensland is legal, no restrictions.
Current status
Since Jun 24, 2024
Gender-affirming care in Queensland is legal, but restricted for minors.
Current status
Since Jan 28, 2025
Legal, but restricted for minors
Health minister issued a pause on gender affirming care for minors requesting another “review” into the Queensland Gender Services banning it for users of the public system. Private care can still be accessed.
Legal
Until 2025, Queensland provided gender affirming care for all ages including by public services like the gender clinic in the Royal Brisbane Children’s Hospital and in the Royal Brisbane and Women’s Hospital.
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.
Legal recognition of non-binary gender in Queensland is recognized.
Current status
Since Jun 24, 2024
Recognized
Under the Births, Deaths and Marriages Registration Bill of 2022, people are able to nominate a sex descriptor of their choice, including male, female, trans man, trans woman, ‘agender’, ‘genderqueer’ or ‘non-binary’ as long as the change isn’t sought for fraudulent or improper purposes. This law took effect in 2024.
LGBT discrimination in Queensland is illegal.
Current status
Since Mar 31, 2003
Illegal
A 2003 amendment to Queensland's Anti-Discrimination Act added sexual orientation and gender identity as protected characteristics from all forms of discrimination. However, religious exemptions apply.
Illegal in some contexts
In 1997, sexual orientation became a protected characteristic in Queensland from employment discrimination under federal Australian law, despite Queensland not including it in its anti-discrimination act. Gender identity however remained unprotected and there were no other protections from discrimination provided on the basis of sexual orientation.
LGBT employment discrimination in Queensland is sexual orientation and gender identity.
Current status
Since Mar 31, 2003
Sexual orientation and gender identity
A 2003 amendment to Queensland's Anti-Discrimination Act added sexual orientation and gender identity as protected characteristics from employment discrimination. Previously, only sexual orientation was protected under federal law.
LGBT housing discrimination in Queensland is sexual orientation and gender identity.
Intersex infant surgery in Queensland 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 Queensland 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 Queensland 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.
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 Queensland is banned.
Current status
Since Aug 13, 2020
Banned
The Health Leislation Ammendment Act of 2020 modified the Public Health Act of 2005 to make conversion therapy illegal. Penalties are up to 18 months in jail for attempting to change or suppress a person's sexual orientation or gender identity using practices such as aversion therapy, hypnotherapy and psychoanalysis.
Equal age of consent in Queensland is equal.
Unequal
Female same-gender sexual activity always legal. Male same-gender sexual activity legalised in 1990. This does not include 'sodomy' (anal intercourse)- it is illegal for anyone regardless of orientation or gender under 18 to partake in.
Jan 26, 1788–Nov 28, 1990
Female equal, male N/A
Until 1990, male homosexuality was illegal in Queensland.
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
#306
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