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AUSTRALIA

Male to Male relationships: Legal
Punishments for male to male relationships: No law
Female to Female Relationships: Legal
Age of consent: Equal for heterosexuals and homosexuals
Marriage and Substitutes for Marriage: Marriage laws vary in this country depending on area
Adoption: Only in some areas
Is it possible to change your gender on official documents?: Yes
Gay or lesbian able to serve in the armed forces: Yes

Your Views

Are you LGBTI? We want to hear from you! Help us inform other users of the site with your views on this country. Below is a random question about this country. If it is relevant to you please answer it.

Are you out at work in UGANDA? Have there been any responses to your sexual orientation at work?

The majority of people visiting this site have said I was fired for my sexual orientation

Negative responses from boss (0 %) Negative responses from co-workers (0 %) I was fired for my sexual orientation (100%) Support from boss and co-workers (0 %)

The AUSTRALIA country survey is populated by LGBTI groups who have acted as liaisons with ILGA to identify issues affecting the LGBTI community.

Organizations were asked to discuss 4 broad subjects: the law, the mood (the social climate), the LGBTI movement as well as what would be, according to them, the most pressing campaign in their country.

Please write to countryreport@ilga.org if you have comments regarding this page.

LAW
What are the laws and policies like for LGBTI people in your country?

Male to Male Relationships

Are male to male sexual relationships legal?
Legal

If unclear, how so?
N/A

Was it illegal at any given time in your country's history?
Yes

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
No law

Were there men in jail or punished for same sex activity in the last twelve months in your country?
N/A

Are hate crimes based on sexual orientation considered an aggravating circumstance?
N/A

Incitement to hatred based on sexual orientation is prohibited?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Female to Female Relationships

Are female to female sexual relations legal?
Legal

If unclear, how so?
N/A

Does the law applying for men also apply for women?
N/A

Was it illegal at any given time in your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
No law

Were there women in jail or punished for same sex activity in the last twelve months?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Age of Consent

Are there any age of consent laws for straight men or women?
Yes

Are the age of consent laws different for straight women to those for men?
No

What is the age of consent for males?
16

What is the age of consent for females?
16

Is there a different age of consent law for lesbians and gay men to that for straight men and women?
Equal for heterosexuals and homosexuals

Is there a different age of consent law for lesbians to that for gay men?
No

What is the age of consent for gay women?
16

What is the age of consent for gay men?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
Queensland previously had a law (Criminal Code 1899 (Qld), s208 (Unlawful sodomy)) which stated an unequal age of consent for male-to-male anal intercourse, punished by 14 years (maximum)

Was the age of consent different between LGBTI/Hetero people in any given time of your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

Links related to this section

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Uploaded documents for this section

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Freedom of association, of expression

Does the country have laws protecting freedom of expression?
No

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
Commonwealth:
No bill of rights and no explicit mention of a right of freedom of association and expression, however, there is an implied constitutional freedom of political association and expression

Australian Capital Television Pty Ltd v Commonwealth [1992] HCA 1; (1992) 104 ALR 389; (1992) 66 ALJR 214 and Nationwide News Pty Ltd v Wills [1992] HCA 46; (1992) 177 CLR 1)

Statues cover this human right in statutory bills of rights:

Victoria
Charter Of Human Rights And Responsibilities Act 2006 (Vic), s15 (Freedom of expression) & s16 (Peaceful assembly and freedom of association)

Australia Capital Territory
Human Rights Act 2004 (ACT), s15 (Peaceful assembly and freedom of association) & s16 (Freedom of expression)

What is the full text of this law?
N/A

Does the country have laws protecting freedom of association?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Are public demonstrations (marches,protest,parades,etc) by sexual minorities permitted?
N/A

Were public authorities usually collaborative at last events?
N/A

Here you can list the various times this occurred and tell us what happened then
N/A

Did recent events see episodes of violence?
N/A

Here you can list the various times this occurred and tell us what happened then
N/A

Links related to this section
N/A

Uploaded documents for this section
N/A

Marriage and Substitutes for Marriage

Is there any type of legal recognition for same sex relationships?
N/A

What types of same sex partnerships are recognized?
Marriage laws vary in this country depending on area

If unclear, how so?
Marriage substitute equal or almost equal recognized in some areas and in other areas, same-sex couples are offered some rights of marriage since 2008-2009.

Same-sex marriage is not permitted in Australia and same-sex marriages from other countries are not recognised. Same-sex partners have access to relationship entitlements as de facto,
domestic or common law partners in all states and federally.
There are civil union schemes or their equivalent in Tasmania, Victoria and the Australian
Capital Territory (ACT).
(They are not domestic partner registries as some people suggest. But neither were they intended as a substitute for same-sex marriage. They were designed for couples who don't wish to marry.)

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the country recognize same sex partnerships or marriages when couples immigrate?
N/A

Links related to this section

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LGBTI Families/Parenting

Can gay or lesbian individuals adopt children?
Only in some areas

In which areas can individuals adopt?
There is full adoption rights in Western Australia and the ACT. In Tasmania co-parents have adoptions rights. In all states and territories with the exception of South Australia a non-biological co-mother can be deemed to be the other parent of their same-sex partner's child from the child's birth. This doesn't negate the need for second-parent adoption, which can still be useful in other situations.

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Can same sex couples adopt children together?
Only in some areas

In which areas can couples adopt?
Capital Territory (2004) and Western Australia (2002)

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is second parent adoption by same sex couples legal?
Only in some areas

In which areas is second parent adoption legal?
Tasmania (2004)

Legal recognition of parental role of a non biological parent
N/A

In which areas?
N/A

What is the name of the law (chapter,section...) ?
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Lesbians can receive donor insemination services and fertility treatments
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

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Anti-discrimination laws

Does the law prohibit discrimination on the ground of sexual orientation?
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of sexual orientation in employment?
The national law does not but some areas do

What is the name of this law? (if applicable - please give chapter and section)
Discrimination in employment, accommodation and the provision of goods and services is prohibited in all states and territories, but not federally. All these laws allow some exemptions for religious organisation, except Tasmania's.

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Are trade unions actively supporting LGBTI people in the country?
N/A

Laws banning discrimination on the basis of sexual orientation in social services
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Armed forces

Gay or lesbian able to serve in the armed forces
Yes

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

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Asylum and Immigration

Prohibition on entry into the country by LGB people
No

Country grants asylum on the basis of sexual orientation
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Uploaded documents for this section

  • N/A

Links related to this section

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Blood donation

Is blood donation by men who have sex with men permitted?
Yes

Is blood donation by women who have sex with women permitted?
No law

Is a man who’s had sex with another man banned from donating blood permanently?
No

Is a woman who’s had sex with another woman banned from donating blood permanently?
No law

Is a man who’s had sex with another man banned from donating blood for a certain period of time?
Yes

How long is the ban?
The Australian Red Cross Blood Service policy is that men who have had sex with men (MSM), i.e. gay men, are prohibited from donating blood for 12 months [reaffirmed in: Michael Cain v The Australian Red Cross Society [2009] TASADT 03]. Legislation sanctions exist for false or misleading declarations by blood donors:

Northern Territory

Notifiable Diseases Act 1999 (NT), s26e (Liability of a blood donor)

New South Wales

Human Tissue Act 1983 (NSW), a20E (False or misleading statements)

Queensland

Criminal Code 1899 (Qld), s194 (False declarations)

South Australia

Blood Contaminants Act 1985 (SA), s5(2) Allowing liability for false statements

Tasmania

Blood Transfusion (Limitation of Liability) Act 1986 (Tas), s7 (False statements in declarations)

Victoria

Health (Infectious Diseases) (Further Amendment) Regulations 2005 (SR NO 4 OF 2005), reg10

Western Australia

Blood Donation (Limitation Of Liability) Act 1985 (WA) - s7 (Liability of donors)

Liability applicable for false statements under: -

Criminal Code Act Compilation Act 1913 (WA), s170 (False information to officials etc)

Is a woman who’s had sex with another woman banned from donating blood for a certain period of time?
No law

How long is the ban?
N/A

Does a law mention this?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the full text of this law?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

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Gender identity

Is there a clear legal difference between homosexuality and transgenderism?
N/A

Do the same laws that ban homosexuality apply for trans individuals?
N/A

Laws prohibiting discrimination on the ground of gender identity
Yes

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is transgenderism classified as an illness?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Were there individuals in jail or punished for being transgender in the last twelve months in your country?
N/A

Is sex reassignment treatment and/or surgery under legal control?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your gender on official documents?
Yes

What are the requirements for one to change their gender?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your name on official documents?
N/A

What are the requirements to change your name?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of gender identity in employment?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Laws banning discrimination on the basis of gender identity in social services
N/A

Trans individuals able to serve in the armed forces
N/A

Country grants asylum on the basis of gender identity
N/A

Does a law mention this?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Have the country’s citizens been granted asylum on the basis of gender identity?
N/A

Are hate crimes based on gender identity considered an aggravating circumstance?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

HIV/AIDS

What estimated percentage of the population is HIV+?
N/A

Compulsory testing for HIV
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can place people with HIV in quarantine
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can ban foreigners with HIV from entry
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can expel foreigners with HIV
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Antiretroviral drugs provided by the government
N/A

Please Specify
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

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