As a federation, Australia's
states and territories are responsible for many laws affecting
LGBTQ and intersex rights. Between 1975 and 1997, the states and territories progressively repealed anti-homosexuality laws that dated back to the
colonial era. Since 2016, each jurisdiction has an equal age of consent for all sexual acts. All jurisdictions offer expungement schemes to clear the criminal records of people charged or convicted for consensual sexual acts that are no longer illegal. Beginning on 12 September 2017, a national plebiscite titled "
Should the law be changed to allow same-sex couples to marry?" was commenced. 61.6% of total votes were in support of the legalisation of same-sex marriage, leading to Australia recognising
same-sex marriage on 9 December 2017. States and territories began granting
domestic partnership benefits and relationship recognition to same-sex couples from 2003 onwards, with federal law recognising same-sex couples since 2009 as
de facto relationships. Alongside marriage, same-sex relationships may be recognised by states or territories in various ways, including through
civil unions, domestic partnerships, registered relationships and/or as unregistered
de facto relationships.
LGBTQ adoption and parenting in Australia is legal nationwide, with the
Northern Territory the last jurisdiction to pass an adoption equality law in March 2018. Discrimination on the basis of sexual orientation and gender identity or expression is prohibited in every state and territory, with concurrent federal protections for sexual orientation, gender identity and intersex status since 1 August 2013.
Transgender rights in Australia and
intersex rights in Australia vary between jurisdictions, with only NSW since 1996 legally still requiring a person to undergo
sex reassignment surgery before changing the legal sex on
birth certificates Non-binary Australians can legally register a "non-specific" sex on federal legal documents and in the records of some states and territories. Despite these developments, reports highlighted persistent barriers to accessing gender-affirming healthcare for sistergirls and brotherboys living in remote and regional areas. Several individuals described moving to cities such as Sydney to obtain hormone treatment that was unavailable in their home communities.
Summary table ==Social conditions==