- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Intersex only
- 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
- ✖ Not banned
- Age of Consent
- ✔ Equal
Public Opinion
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Homosexual activity in Western Australia is legal.
The 1913 Criminal Code of Western Australia came into effect in 1914 and criminalised sodomy. It is currently unknown what the penalty was. Lesbianism remained legal however.
Same-sex marriage in Western Australia is legal.
Right to change legal gender in Western Australia is legal, but requires medical diagnosis.
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.
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).
Gender-affirming care in Western Australia is legal.
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.
Legal recognition of non-binary gender in Western Australia is intersex only.
LGBT discrimination in Western Australia is illegal.
In 2002, Western Australia would provide sexual orientation its own state-level protections, but none would extend to gender identity until another federal law in 2013.
LGBT employment discrimination in Western Australia is sexual orientation and gender identity.
Sexual orientation was protected by state laws since 2002.
In 2002, Western Australia would provide sexual orientation its own state-level protections, but none would extend to gender identity until another federal law in 2013.
LGBT housing discrimination in Western Australia is sexual orientation and gender identity.
Same-sex adoption in Western Australia is legal.
Intersex infant surgery in Western Australia is not banned.
Serving openly in military in Western Australia is legal.
Blood donations by MSMs in Western Australia is banned (less than 6-month deferral).
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.
Conversion therapy in Western Australia is not banned.
Equal age of consent in Western Australia is equal.