Australia

Australia is generally progressive in legal protections for LGBTIQ people. At the federal level, same-sex marriages have been legally recognized since 2017. Discrimination based on sexual orientation and gender identity, as well as “intersex status” and “appearance or mannerisms or other gender‑related characteristics,” is also prohibited. In February 2025, Australia amended its criminal code to extend protections in the federal hate crime law to sexual orientation, gender identity, and intersex status. Some laws vary by state and territory, including legislation prohibiting conversion practices, which several Australian states have passed in varying forms. 

The Federal Court of Australia affirmed in August 2024 that trans people are protected from gender identity discrimination under the Sex Discrimination Act 1984, interpreting “sex” in this law as fluid and encompassing a “broader ordinary meaning.” Trans people can change their legal gender markers, but surgical intervention is required in certain states. In July 2025, national recognition of nonbinary gender became a reality after the last Australian state (New South Wales) implemented legal recognition. Trans people’s rights were, however, rolled back in 2025 in one state (Queensland), which restricted access to gender-affirming health care for transgender minors through state and public health services.

Intersex minors are not protected from medically unnecessary genital surgeries in most of the country. However, in 2023, the Australian Capital Territory (ACT) passed the Variation in Sex Characteristics (Restricted Medical Treatment) Bill, aimed at protecting intersex people from unwanted or harmful medical intervention. In 2025, the Australian Department of Health published policy guidance to improve inclusive health and medical research practices regarding variations in sex characteristics. While not a binding law, it reflects federal policy direction that recognizes the importance of intersex inclusion. Early in 2026, Victoria became the first state and second jurisdiction in the country to pass legislation protecting children born with variations in sex characteristics from unnecessary nonconsensual medical procedures.

Surveys show that a majority of Australians believe that society should accept homosexuality and that trans people should be able to change their legal gender markers. However, people still face verbal and physical abuse, including from family members, because of their sexual orientation, gender identity, gender expression, or sex characteristics.