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Public Opinion

Western Australia is lacking public opinion data.

Help expand our understanding of the public's view on LGBTQ+ issues in Western Australia by sharing a link to a survey from a reputable organization.

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Perception of LGBTQ+ People

Survey results from 6 LGBTQ+ Equaldex users who lived in or visited Western Australia.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in Western Australia

?

Homosexual activity in Western Australia is legal.

Current status
Since Mar 1990
Legal
The Law Reform (Decriminalisation of Sodomy) Act 1989 decriminalised homosexuality and was passed by the Western Australian parliament in December of 1989 and then came into effect the following March.
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Same-sex marriage in Western Australia

?

Same-sex marriage in Western Australia 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.
Until Dec 8, 2017
Unrecognized
Before the 2017 federal legalisation of same-sex marriage, Western Australia did not recognise any same-sex relationships.
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Censorship of LGBT issues in Western Australia

?

Censorship of LGBT issues in Western Australia is no censorship.

Current status
Since Apr 17, 2002
No censorship
Since the Lesbian and Gay Law Reform Act of 2002 repealed the Decriminalisation of Sodomy Act of 1989 which contained a section banning the promotion of homosexual activity, Western Australia has no laws censoring LGBTIQ+ topics.
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Mar 23, 1990–Apr 17, 2002
State-enforced
Although the Decriminalisation of Sodomy Act of 1989 decriminalised homosexuality, it also contained provisions banning promotion of it and education of homosexuality in secondary schools.
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Right to change legal gender in Western Australia

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Right to change legal gender in Western Australia is legal, but requires medical diagnosis.

Current status
Since 2011
Legal, but requires medical diagnosis
Western Australia's Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).

However, in 2011, the High Court of Australia held in AB and AH v. Western Australia (2011) that the surgical procedure was no longer a requirement, but some sort of physical alteration must have taken place. In this instance, HRT can be seen to fulfil this requirement. If the Board is satisfied, they will issue a "recognition certificate" that enables the applicant to request a gender marker change on the birth certificate.
Apr 12, 20002011
Legal, but requires surgery
Western Australia's Gender Reassignment Act (2000) requires applicants to have:
1. Undergone gender-affirming surgery (Article 15.b.i),
2. Adopted "the lifestyle" and have "the gender characteristics of a person of the gender to which the person has been reassigned" (Article 15.b.ii),
3. That they have received "proper counselling" in relation to their gender identity (Article 15.b.iii).
Until Apr 12, 2000
Illegal
Until 2000, there was no legal gender recognition provided in Western Australia.
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Gender-affirming care in Western Australia

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Gender-affirming care in Western Australia 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 Western Australia

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Legal recognition of non-binary gender in Western Australia is not legally recognized.

Current status
Not legally recognized
While the idea of legally recognizing non-binary identities has been brought up in 2018, it has yet to be done.

LGBT discrimination in Western Australia

?

LGBT discrimination in Western Australia is unknown.

Current status
Unknown

LGBT employment discrimination in Western Australia

?

LGBT employment discrimination in Western Australia is unknown.

Current status
Unknown

LGBT housing discrimination in Western Australia

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LGBT housing discrimination in Western Australia is unknown.

Current status
Unknown

Same-sex adoption in Western Australia

?

Same-sex adoption in Western Australia is unknown.

Current status
Unknown

Intersex infant surgery in Western Australia

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Intersex infant surgery in Western Australia is not banned.

Current status
Not banned
No territory or state besides the Australian Capital Territory has banned intersex infant surgery.
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Serving openly in military in Western Australia

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Serving openly in military in Western Australia 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 Western Australia

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Blood donations by MSMs in Western Australia 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 2, 2023
Banned (less than 6-month deferral)
Since January 31, 2021, deferral time has been reduced to three months.

Conversion therapy in Western Australia

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Conversion therapy in Western Australia is not banned.

Current status
Not banned
The Western Australian government previously promised to ban conversion therapy but has not done so.

Equal age of consent in Western Australia

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Equal age of consent in Western Australia is equal.

Current status
Since Apr 17, 2002
Equal
The Acts Amendment (lesbian and gay law reform) Act 2002 repealed legislation which unfairly penalised LGBT people, including laws setting an unequal age of consent.
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Mar 1990–Apr 16, 2002
Unequal
When Western Australia finally decriminalised same-sex sexual activity, it set the age of consent for homosexual couples to 21, simultaneously lowering the age of consent for heterosexual couples to 16.
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Until Mar 1990
N/A
Before March 1990, homosexuality was criminalised in Western Australia.
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