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Public Opinion

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History

Homosexual activity in Australian Capital Territory

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Homosexual activity in Australian Capital Territory is legal.

Current status
Since 1976
Legal
The Australian Capital Territory (ACT) legalised homosexual activity in 1976, and was the second state or territory of Australia to do so.

Same-sex marriage in Australian Capital Territory

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Same-sex marriage in Australian Capital Territory 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.
Oct 22, 2013–Dec 9, 2017
Unrecognized
Passed in ACT only but overturned by the High Court

Censorship of LGBT issues in Australian Capital Territory

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Censorship of LGBT issues in Australian Capital Territory is no censorship.

Current status
No censorship
In Australian Capital Territory, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Australian Capital Territory

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Right to change legal gender in Australian Capital Territory is legal, no restrictions.

Current status
Since Mar 20, 2014
Legal, no restrictions
The ACT abolished their surgery requirements in 2014, permitting anyone over the age of 14 to change the gender marker on official documents.
Jun 24, 1998–Mar 20, 2014
Legal, but requires surgery
The ACT did not abolish their surgery requirements until 2014 (put in place in a 1997 act that took effect in 1998) - before then gender confirmation surgery was required to change official documents' gender marker.
Until Jun 24, 1998
Illegal
Until 1998, there was no legal gender recognition provided in the Australian Capital Territory.
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Gender-affirming care in Australian Capital Territory

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Gender-affirming care in Australian Capital Territory 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 Australian Capital Territory

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Legal recognition of non-binary gender in Australian Capital Territory is recognized.

Current status
Since Feb 16, 2016
Recognized
Individuals in Australian Capital Territory can request an X gender marker on their birth certificate.
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LGBT discrimination in Australian Capital Territory

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LGBT discrimination in Australian Capital Territory is unknown.

Current status
Unknown

LGBT employment discrimination in Australian Capital Territory

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LGBT employment discrimination in Australian Capital Territory is unknown.

Current status
Unknown

LGBT housing discrimination in Australian Capital Territory

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LGBT housing discrimination in Australian Capital Territory is unknown.

Current status
Unknown

Same-sex adoption in Australian Capital Territory

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Same-sex adoption in Australian Capital Territory is unknown.

Current status
Unknown

Intersex infant surgery in Australian Capital Territory

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Intersex infant surgery in Australian Capital Territory is full ban.

Current status
Since Jun 8, 2023
Full ban
The Variation in Sex Characteristics (Restricted Medical Treatment) Bill 2023 bans intersex surgery on infants, and allows for individuals to make the decision themselves when they have capacity to consent.
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Until Jun 8, 2023
Not banned
Until 2023, surgery on intersex infants was not banned in the Australian Capital Territory.
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Serving openly in military in Australian Capital Territory

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Serving openly in military in Australian Capital Territory is legal.

Current status
Since Nov 24, 1992
Legal under federal Australia law
LGBTQ+ people are allowed to serve in the Australian army.

(Australia is responsible for the defence of: Heard Island and McDonald Islands.)

Blood donations by MSMs in Australian Capital Territory

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Blood donations by MSMs in Australian Capital Territory 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 3, 2023
Banned (less than 6-month deferral)
Since January 31, 2021, the deferral period has been reduced to three months.
Until Jan 31, 2021
Banned (1-year deferral)
Before January 31, 2021, a one year deferral was in place.
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Conversion therapy in Australian Capital Territory

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Conversion therapy in Australian Capital Territory is banned.

Current status
Since Mar 5, 2024
Banned
In March 2024, the Sexuality and Gender Identity Conversion Practices Act 2020 took effect, banning conversion therapy practices in the Australian Capital Territory.
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Until Mar 5, 2024
Not banned
Until 2024, conversion therapy was legal in the Australian Capital Territory.
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Equal age of consent in Australian Capital Territory

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Equal age of consent in Australian Capital Territory is equal.

Current status
Since 1900
Equal
In the 1900 crimes act the age of consent is defined gender neutrally.
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