Overview of laws Since 2000, Victoria prohibits discrimination based on sexual orientation and gender identity under the
Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 – which amended the
Equal Opportunity Act 1995. Since 2010, the
Equal Opportunity Act 1995 has been repealed and replaced with the
Equal Opportunity Act 2010 – that still includes both sexual orientation and gender identity. Since 2021, new laws implemented went into effect that explicitly added "sex characteristics" to the Act – alongside sexual orientation and gender identity. In September 2022, the "Justice Legislation Amendment (Police and Other Matters) Bill 2022" was formally passed by both houses within the Victoria Parliament – that explicitly legally protects Victoria Police officers serving on duty, from discrimination on the basis of both sexual orientation and gender identity. The bill became an Act on assent and went into effect immediately within the same month. Federal law also protects LGBT and Intersex people in Victoria in the form of the
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013.
Attempts to remove religious exemptions from employee protections In December 2014, the
Labor Government promised to rewrite equal opportunity laws to make it harder for faith-based organisations, such as schools, to discriminate against certain employees because of their sexual orientation and religious beliefs. On 31 August 2016, the government introduced the
Opportunity Amendment (Religious Exceptions) Bill 2016 to the
Legislative Assembly. The bill amended the
Equal Opportunity Act 2010 and sought to reinstate an "inherent requirements test", which would mandate that a religious body or
school could only
discriminate against employees in circumstances related to the
employment of a person where "conformity with the body or school's religious doctrines, beliefs or principles is an inherent requirement of the job, and, because of a particular personal attribute, the person does not meet that inherent requirement". The bill passed the assembly by 44 votes to 36, with the
Coalition Opposition voting against the bill. The bill then proceeded to the Legislative Council, where the second reading stage began on 11 October. The bill was rejected by the council on 6 December 2016, the vote tied at 19 votes-all. In August 2020, the media
Star Observer reported that discrimination is the top LGBTIQ+ legal issue within Victoria. In September 2021, the government announced it would introduce legislation to remove the exemption for religious schools and organisations "discriminate against an employee because of their sexual orientation, gender identity, marital status or other protected attribute". Furthermore, government-funded religious bodies will also be prohibited from refusing services to people based on their sexual orientation or gender. Schools and organisations will be allowed to make employment decisions based on an employee's religious beliefs where it is critical to the job, such as hiring a religious studies teacher. In October 2021, the
Equal Opportunity (Religious Exceptions) Amendment Bill 2021 was formally introduced to the lower house. The
Greens attempted to amend the bill to prevent privately funded religious organisations from being able to discriminate against LGBT staff, clients and students, and to limit faith-based schools ability to discriminate against students on the grounds of religious belief or affiliation to only at first enrollment, but failed when the
Labor party and coalition voted to defeat the amendment. In December 2021, the bill passed both houses of the
Parliament of Victoria. The
Liberal party, the
National party, the
Liberal Democratic party, the
Shooters, Fishers and Farmers party, and the independent MLC Catherine Cumming voted against the bill. In February 2022, it was announced that if the federal government implements it's religious discrimination laws that would override state and territory equal opportunity law – a
lawsuit to challenge the federal government would be conducted by the Victorian government. Despite the bill passing the
House of Representatives with the support of the coalition and the Labor party, the government withdrew the bill over disagreements within the party on protections for transgender students in faith-based schools.
Commissioner for LGBTIQ+ Communities In July 2015, Minister for Equality
Martin Foley announced the appointment of the inaugural Gender and Sexuality Commissioner,
Ro Allen. The Commissioner has a broad role aimed at integrating the advocacy of LGBTI rights within the Government; some of these initiatives included streamlining federal and state laws to ensure passports and birth certificates align with a person's affirmed gender, and strengthening anti-discrimination protections in the workplace for
transgender workers.
Victorian conversion therapy law In February 2016, the government announced it would promptly introduce legislation to "crack down" on
gay conversion therapists in the state. On 9 February 2016, the
Health Complaints Bill 2016 was introduced to the lower house of the
Victorian Parliament. The bill creates a Health Complaints Commissioner with increased powers to take action against such groups; these powers ranging from issuing public warnings to banning them from practicing in Victoria. The bill passed the lower house on 25 February 2016, passed the upper house on 14 April 2016 with minor amendments and passed the lower house with the attached amendments on 27 April 2016.
Royal assent was granted on 5 May 2016. The law went into effect on 1 February 2017. The law creates a new health watchdog in the state, which provides the Commissioner with powers to issue temporary or permanent bans on health providers who aren't registered under law such as those providing 'gay conversion therapy'. A specific and targeted investigation was launched by the watchdog into the practice in May 2018, raising the spectre of financial punishment and criminal prosecution for rogue operators. In February 2019, the newly re-elected
Labor Government announced it would introduce legislation at a later date that would clearly and unequivocally denounce conversion practices and prohibit them in law – following a recommendation issued by the Health Complaints Commissioner. On 11 November 2020 state premier
Daniel Andrews and the
Australian Labor party announced the
Change or Suppression (Conversion) Practices Prohibition Bill denouncing conversion practices as cruel, harmful and deceptive. The introduced legislation will outlaw the 'therapy' with fines up to approximately $200,000 (AUD) or up to 10 years jail time. Along with the introduction of this legislation the government will provide increased support for those who have already been forced to experience the harmful practices. The Victorian bill to ban conversion therapy was introduced and printed in November 2020. In December 2020, the Victoria lower house passed the bill by a vote of 55-0 (with the Liberal opposition leaving the chamber). On 5 February 2021 – by a two-thirds
supermajority vote of 27–9, the bill passed the
Victoria Legislative Council. The 9 votes against were from the
Sustainable Australia party, the
Liberal Democrats, the
Justice Party, the
Shooters, Fishers and Farmers Party, the independent MLC Catherine Cumming, and two
Liberal Party MLCs. It goes into effect 1 year from the date of
royal assent (February 2022). The bill was debated for 12 straight hours within the
committee of the whole and passed the
third reading, beginning around 11am. This bill was reported to be the most comprehensive
conversion therapy bill passed at that time. It was reported that the
Presbyterian Church of Australia has come out and said and quoted it would "ignore this law" that passed in Victoria. In September 2021, the center-right Liberal party (as the opposition) made a formal announcement by promising to
repeal the conversion therapy law – if they win government in November 2022 (at the Victoria state election). In October 2021, the Liberal party again reversed their position regarding the issue on the conversion therapy law – by not repealing the current law.
Anti-vilification protections In March 2025, the Victorian parliament passed the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill, expanding existing anti-vilification laws on the basis of race and religion to include disability, gender identity, sex, sex characteristics, sexual orientations and personal association with individuals possessing these attributes. The laws come into affect on 30 June 2026. The laws were passed with support from the
Labor Party, the
Greens, the
Legalise Cannabis party, and the
Animal Justice party. The
Liberal party, the
National party,
One Nation, the
Libertarian party, and the
Shooters, fishers and farmers party voted against the bill. ==Transgender rights==