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Public Opinion

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History

Homosexual activity in Western Australia

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Homosexual activity in Western Australia is legal.

Current status
Since Mar 23, 1990
Legal
The Law Reform (Decriminalisation of Sodomy) Act 1989 decriminalised homosexuality and was passed by the Western Australian parliament in December of 1989 and then came into effect the following March.
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May 1, 1902–Mar 22, 1990
Male illegal, female legal
The 1902 Criminal Code criminalised “indecent practices between males” with up to three years in prison in Western Australia.

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.
Jan 26, 1788–Apr 30, 1902
Illegal (death penalty as punishment)
Until 1902, homosexuality was punished by death in Western Australia 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 Western Australia

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Same-sex marriage in Western Australia 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.
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.
Until Jul 29, 2004
Unrecognized
Until 2004, there was no law explicitly banning same-sex marriage in Western Australia. However, there was also no legal recognition provided to same-sex couples.
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Censorship of LGBT issues in Western Australia

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Censorship of LGBT issues in Western Australia 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.
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Mar 23, 1990–Apr 17, 2002
State-enforced
Although the Decriminalisation of Sodomy Act of 1989 decriminalised homosexuality, it also contained provisions banning promotion of it and education of homosexuality in secondary schools.
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Until Mar 22, 1990
No censorship
Until 1990, there were no known laws that explicitly censored or banned any content related to LGBTIQ+ themes in Western Australia.
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Right to change legal gender in Western Australia

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

Current status
Since Oct 6, 2011
Legal, but requires medical diagnosis
Western Australia's 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
Western Australia's 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).
Until Apr 12, 2000
Illegal
Until 2000, there was no legal gender recognition provided in Western Australia.
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Gender-affirming care in Western Australia

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Gender-affirming care in Western Australia 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 Western Australia

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

Current status
Since Sep 15, 2011
Intersex only
In 2011, intersex people achieved legal recognition in Western Australia under federal law.

While the idea of legally recognising non-binary identities has been brought up in 2018, it has yet to be implemented in practice.
Until Sep 14, 2011
Not legally recognized
Until 2011, there was no legal recognition provided to intersex or nonbinary people in Western Australia.
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LGBT discrimination in Western Australia

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LGBT discrimination in Western Australia is illegal.

Current status
Since Jun 28, 2013
Illegal
Gender identity became a protected characteristic from discrimination in Western Australia in 2013 under federal Australian law. To date, there is no state-level protection 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 Western Australia 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, 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 Western Australia.
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LGBT employment discrimination in Western Australia

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LGBT employment discrimination in Western Australia 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 Western Australia in 2013 under a federal Australian law. To date, there is no state-level protection 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 Western Australia from employment discrimination under federal Australian law. Gender identity is not protected.

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.
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 Western Australia.

LGBT housing discrimination in Western Australia

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LGBT housing discrimination in Western Australia 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 Western Australia in 2013 under federal Australian law. To date, there is no state-level protection provided against discrimination on the basis of gender identity.
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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. However, gender identity remained unprotected until 2013.
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Until Apr 16, 2002
No protections
Until 2002, there were no protections from discrimination in housing provided to LGBTIQ+ people in Western Australia.
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Same-sex adoption in Western Australia

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Same-sex adoption in Western Australia 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.
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Until Apr 16, 2002
Illegal
Until 2002, same-sex adoption was not possible in Western Australia. 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 Western Australia

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Intersex infant surgery in Western Australia is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Western Australia.
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Serving openly in military in Western Australia

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Serving openly in military in Western Australia 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 Western Australia

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Blood donations by MSMs in Western Australia 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 Western Australia

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Conversion therapy in Western Australia is not banned.

Current status
Not banned
The Western Australian government previously promised to ban conversion therapy but has not done so.

Equal age of consent in Western Australia

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Equal age of consent in Western Australia 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.
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Mar 23, 1990–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.
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Jan 26, 1788–Mar 22, 1990
Female equal, male N/A
Before March 1990, homosexuality was criminalised in Western Australia.
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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