LGBT Rights in New South Wales, Australia

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: ✔ No censorship
Changing Gender: ✖ Legal, but requires surgery
Gender-Affirming Care: ✔ Legal
Non-Binary Gender Recognition: ✖ Not legally recognized
Discrimination: ✔ Illegal
Employment Discrimination: ✔ Sexual orientation and gender identity
Housing Discrimination: ✔ Sexual orientation and gender identity
Adoption: ✔ Legal
Intersex Infant Surgery: ✖ Not banned
Military: ✔ Legal
Donating Blood: ✔ Legal
Conversion Therapy: ✖ Not banned
Age of Consent: ✔ Equal

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Public Opinion

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History

Homosexual activity in New South Wales

Homosexual activity in New South Wales is legal.

Current status

Since Jun 8, 1984

Legal

There are no legal restrictions against gay sex in New South Wales.

Details

Same-sex marriage in New South Wales

Same-sex marriage in New South Wales is legal.

Current status

Since Dec 9, 2017

Legal

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.

Details

Until Jul 1, 2010

Banned

Details

Censorship of LGBT issues in New South Wales

Censorship of LGBT issues in New South Wales is no censorship.

Current status

No censorship

In New South Wales, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Details

Right to change legal gender in New South Wales

Right to change legal gender in New South Wales is legal, but requires surgery.

A new law will be going into effect in 7 months.

Going into effect Jul 1, 2025

Legal, no restrictions

Changing legal gender is a state/territory matter. From 2025, all states and territories now allow their residents to change their official gender on their marker without surgery.

Details

Current status

Until Jul 1, 2025

Legal, but requires surgery

Change your gender requires GRS, top surgery, or an orchiectomy.

Details

Gender-affirming care in New South Wales

Gender-affirming care in New South Wales is legal.

Current status

Since 1998

Legal under federal Australia law

In 1998, Australia adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

Details

Legal recognition of non-binary gender in New South Wales

Legal recognition of non-binary gender in New South Wales is not legally recognized.

A new law will be going into effect in 7 months.

Going into effect Jul 1, 2025

Recognized

In October 2024, the Equality Legislation Amendment (LGBTIQA+) Bill 2024 was passed, recognising non-binary gender in New South Wales law for the first time and allowing individuals to update their documents.

Details

Current status

Until Jul 1, 2025

Not legally recognized

Non-binary identities are not yet legally recognized in New South Wales.

Details

LGBT discrimination in New South Wales

LGBT discrimination in New South Wales is illegal.

Current status

Since Jan 1, 1983

Illegal

under the Sex Discrimination Amendment Act.

Details

LGBT employment discrimination in New South Wales

LGBT employment discrimination in New South Wales is sexual orientation and gender identity.

Current status

Since 1983

Sexual orientation and gender identity

State law prohibits employment discrimination on the basis of "homosexuality" and "transgender status". The relevant law is Part 3A and Part 4C of the Anti-Discrimination Act 1977.

Federal law prohibits employment discrimination on the basis of "sexual orientation", "gender identity" and "intersex status". The relevant law is section 14 of the Sex Discrimination Act 1984.

Details

LGBT housing discrimination in New South Wales

LGBT housing discrimination in New South Wales is sexual orientation and gender identity.

Current status

Sexual orientation and gender identity

Details

Same-sex adoption in New South Wales

Same-sex adoption in New South Wales is legal.

Current status

Since Sep 2, 2010

Legal

Details

Until Sep 2, 2010

Legal

Details

Intersex infant surgery in New South Wales

Intersex infant surgery in New South Wales is not banned.

Current status

Not banned

No territory or state besides the Australian Capital Territory has banned intersex infant surgery.

Details

Serving openly in military in New South Wales

Serving openly in military in New South Wales is legal.

Current status

Legal

Details

Blood donations by MSMs in New South Wales

Blood donations by MSMs in New South Wales is legal.

Current status

Since Jun 3, 2023

Legal

In all of Australia

Details

Jan 31, 2021–Jun 3, 2023

Banned (less than 6-month deferral)

Since January 31, 2021, the deferral time for MSMs has been reduced to three months.

Details

Until Jan 31, 2021

Banned (1-year deferral)

Before January 31 2021, a 1-year deferral was in place.

Details

Conversion therapy in New South Wales

Conversion therapy in New South Wales is not banned.

A new law will be going into effect in 4 months.

Going into effect Mar 22, 2025

Banned

On March 22nd, 2024, New South Wales passed a bill that would ban conversion therapy for sexual orientation and gender identity; effective twelve months later.

Details

Current status

Until Mar 21, 2025

Not banned

Conversion therapy has not been outlawed in New South Wales.

Details

Equal age of consent in New South Wales

Equal age of consent in New South Wales is equal.

Current status

Since May 27, 2003

Equal

Details

LGBT Rights in New South Wales State

Public Opinion

Should the law be changed to allow same-sex couples to marry? (Australia) (2017)

New South Wales is lacking public opinion data.

Have you lived in or visited New South Wales?

History

Homosexual activity in New South Wales

Same-sex marriage in New South Wales

Censorship of LGBT issues in New South Wales

Right to change legal gender in New South Wales

Gender-affirming care in New South Wales

Legal recognition of non-binary gender in New South Wales

LGBT discrimination in New South Wales

LGBT employment discrimination in New South Wales

LGBT housing discrimination in New South Wales

Same-sex adoption in New South Wales

Intersex infant surgery in New South Wales

Serving openly in military in New South Wales

Blood donations by MSMs in New South Wales

Conversion therapy in New South Wales

Equal age of consent in New South Wales

Australia Equality Rank

Top Contributors

New South Wales LGBT Organizations

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