Jump to content

LGBTQ rights in New South Wales

From Wikipedia, the free encyclopedia

LGBTQ rights in New South Wales
New South Wales (Australia)
StatusAlways legal for women; legal for men since 1984; equal age of consent since 2003
Gender identitySexual reassignment surgery no longer required for a new birth certificate from 2025[1][2]
Discrimination protectionsYes, in NSW since 1983; federally since 2013
Family rights
Recognition of relationshipsSame-sex marriage since 2017; domestic partnerships since 2010; recognition of same-sex marriages performed in other jurisdictions since 2014
AdoptionYes, since 2010
Part of a series on
LGBTQ rights
The Greek letter "lambda"
Lesbian ∙ Gay ∙ Bisexual ∙ Transgender ∙ Queer
Overview
Aspects
Opposition
Organizations
Politics
Timeline
Related
LGBTQ portal

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Australian state of New South Wales have the same rights and responsibilities as heterosexual individuals and couples. LGBTQ rights in New South Wales enjoy bipartisan support.

Laws regarding sexual activity

[edit]

Private consensual sex between men has been legal in New South Wales since 1984, while lesbian sexual acts have never been criminalised.[3] The age of consent for all forms of sex was equalised in 2003.[4]

Historical criminalisation and persecution

[edit]

Homosexuality was criminalised in New South Wales under section 79 of the Crimes Act 1900 (consent provisions were dealt with in section 78) which stated thus: "Whosoever commits the abominable crime of buggery, or bestiality, with mankind, or with any animal, shall be liable to imprisonment for fourteen years."[5] In 1951, with the support of Police Commissioner Colin Delaney, who was noted for his obsession against homosexuality, Attorney General Reg Downing moved an amendment to the Act to ensure that "buggery" remained a criminal act "with or without the consent of the person", removing the previously existing legal loophole of consent.[6]

The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's first gay rights organisations.[7] C.A.M.P. raised the profile and acceptance of Australia's gay and lesbian communities.[8]

On 24 June 1978 gay rights activists in Sydney staged the Day of International Gay Solidarity, which included a morning protest march, lunchtime talks, and evening Street Festival (Mardi Gras), in response to a call from the San Francisco Gay Freedom Day Committee's call for international gay solidarity. Although the organisers had obtained permission, this was revoked, and the march was broken up by the police. Fifty-three of the marchers were arrested.[9] Although most charges were eventually dropped, the Sydney Morning Herald published the names of those arrested in full, leading to many people being outed to their friends and places of employment, and many of those arrested lost their jobs as homosexuality was a crime in New South Wales until 1984.[10] The event was held each year thereafter and is now known as the Sydney Gay and Lesbian Mardi Gras which celebrated its 30th anniversary in 2008. Following the first parade, New South Wales saw dozens of gay-hate murders from the late 1970s to the late 1990s, of which 30 remain unsolved.[11] The prevailing climate of homophobia and lack of trust between the LGBT community and the police hampered the resolution of these cases.[11]

The first attempt in New South Wales to bring about Gay law reform was in the form of an amendment to the 'Crimes (Sexual Assault) Amendment Act 1981', brought forward by Labor MP George Petersen in April 1981. This would have legalised consenting acts between adults. However, despite support from the Attorney General, Frank Walker, Young Labor, and public opinion polls that supported reform, it was defeated by the Catholic-dominated majority right faction of NSW Labor from inclusion before the act's introduction and was prevented from being included for debate in the Legislative Assembly by the Speaker, Laurie Kelly, who ruled it out of order. He did not appeal the ruling under threat of expulsion from the party.[12] Undeterred, in November 1981 Petersen introduced a private member's bill which sought to decriminalise homosexual acts in NSW as well as equalise the age of consent to 16. However, after its first reading, the bill was adjourned at the request of opponents of law reform, who used it as an opportunity to rally opposition to the bill. When the bill came to a second reading, the Liberal/Country opposition voted as a bloc against it and over half of the Labor side, freed by the ability to vote according to conscience, joined them, to defeat it 67 votes to 28.[13] During the 1980s and 1990s, Sydney was hit by a spate of gay bashings, hate crimes and murders, a large number of which remain unsolved.[14] This has been the subject of a Police investigation, 'Operations Taradale', and called into question issues relating to police methods at the time and the state of homophobia in society and the police at the time.[15]

Cooma Correctional Centre

[edit]

In February 2022, it was reported and revealed that Cooma Correctional Centre by a podcast was housing gay prisoners from the 1950s up until 1984 during legalisation within NSW.[16][17]

Legalisation of male same-sex activity

[edit]

It was in 1984 that the Neville Wran Government introduced, as a private member's bill, the 'Crimes (Amendment) Act 1984', which eventually decriminalised homosexual acts in NSW. The bill was supported by the absence of a conscience vote from the Labor side, was subsequently passed with support from some of the Opposition, including the leader Nick Greiner, on 22 May and was assented to on 8 June 1984.[18] However this was done with an unequal age of consent of 18 (it was 16 for heterosexual and lesbian couples). It was only in May 2003, 19 years later, that the New South Wales Government equalised the age of consent to 16 under the Crimes Act 1900, with NSW being the third last jurisdiction to reform its unequal age of consent law.[19][4]

Historical conviction expungement

[edit]

Gay Liberal Party Coogee MLA Bruce Notley-Smith introduced a private members bill called the Criminal Records Amendment (Historical Homosexual Offences) Bill 2014 to allow those convicted of historical private consensual adult gay male same-sex sexual activity to apply for it to be expunged. These historical convictions have denied men to employment, volunteering, travelling overseas and education.[20] On 23 October 2014, the New South Wales Parliament unanimously passed the Criminal Records Amendment (Historical Homosexual Offences) Bill 2014 in both houses and was made into law by Assent.[20] The law became effective on 24 November 2014.[21]

Apology on the 40th anniversary

[edit]

In June 2024, on the 40th anniversary of the NSW Government regarding gay sex decriminalisation (when the bill passed both chambers) – the NSW Government will issue a formal apology.[22]

Censorship and book banning

[edit]
Main article: 2024 Cumberland book ban

In May 2024, the Cumberland City Council in western Sydney by a “close vote” of 6–5 has banned and sanctioned certain books within libraries – that discuses homosexuality and same sex couples, a form of censorship.[23][24][25][26][27]

However, within a week, Cumberland City Council voted in favour of a motion to rescind the initial book ban due to community outrage and threats of losing NSW Government funding.[28][29] Following four hours of debate, the motion was passed with 12 votes in favour and 2 against. Councillors Hughes, Cummings, Hussein, Garrard, and Zaiter changed their position from 1 May to support the rescission motion on 15 May 2024.[30][31]

Recognition of same-sex relationships

[edit]

Same-sex marriage

[edit]

Same-sex marriage became legal in New South Wales, and in the rest of Australia, in December 2017, after the Federal Parliament passed a law legalising same-sex marriage.[32]

New South Wales had previously made a number of law reform attempts relating to same-sex marriage. In November 2013, a bill to legalise state-based same-sex marriage failed in the upper house of parliament by 21 votes to 19.[33] In December 2013, the Australian Capital Territory's same-sex marriage legislation was declared unconstitutional by the High Court of Australia due to inconsistency with the federal Marriage Act 1961. This ruling clarified that the New South Wales Parliament did not have the legal capacity to legislate for same-sex marriage in the absence of a federal same-sex marriage law.[34] Since 14 November 2014 overseas same-sex marriages became fully recognised under the state relationship register.[35][36]

On 24 June 2015, the Parliament of New South Wales passed a motion unanimously calling on the federal government, to pass the Marriage Equality Bill 2015, based on a conscience vote.[37][38][39] Both Tasmania and Western Australia also passed a similar motion.

Motion wording:

1. Notes Members of the New South Wales Parliament and community hold various views on the issue of marriage equality 2. Wishes our federal colleagues a respectful debate that is tolerant of all views 3. Notes the importance of MPs being free to express their own view and the views of their electorates on this issue

Northern beaches public health order

[edit]

In December 2020, three years after same-sex marriage was officially legalized throughout Australia, a "public health order" (that just applies to the northern beaches of NSW alone) banned same-sex couples kissing at marriages ceremonies by the words "bride and groom only" explicitly listed within the public health order – but allowed and permitted heterosexual couples kissing to continue at marriage ceremonies. The public health order was in effect for a full week before being revoked.[40]

De facto couples

[edit]

In 1999, the Property (Relationships) Legislation Amendment Act was introduced, which recognised same-sex couples in a variety of legislation, including the Workers Compensation Act, the Victims Compensation Act and the Criminal Procedure Act. Further rights were given in 2002 through the Miscellaneous Acts Amendment (Relationships) Act

On 6 September 1999, the Attorney General of New South Wales Jeff Shaw requested the Law Reform Commission of New South Wales to inquire into Relationships and the Law.[41] The inquiry, which followed new relationship and property laws at the time, also looked at children of same-sex couples and recognition of their relationship with both parents. The commission's report on relationships was very extensive, included many recommendations and took the LRC itself seven years to complete. The report was handed to the previous NSW Attorney-General in June 2006. New South Wales Attorney General John Hatzistergos blocked access to the report for two years on the grounds he would table it in parliament sometime in the future. Previous reports by the commission have recommended stepparent adoption provisions to include same-sex de facto relationships.[42][43]

The City of Sydney created a Relationships Declaration Program in 2005 available for all couples offering limited legal recognition. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de facto relationship within the meaning of the NSW Property (Relationships) Act 1984 and other legislation.[44][45][46][47][48][49] Following in the footsteps of the City of Sydney, the Municipality of Woollahra established a relationship register in December 2008.[50] It was unanimously approved by the Woollahra Council. Members of the council also urged New South Wales to follow suit. In March 2010, the City of Blue Mountains announced it would also offer all couples limited legal recognition.[51]

On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008[52] which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing both mums to be recognised, creates amendments to 57 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their "marital or domestic status" in employment, accommodation and access to other goods and services. The bill passed with a vote of 64–11. The Law Reform Commission report recommended an optional statewide registry for same-sex couples. Although the Government initially declined to implement this reform back in 2007,[53][54] it proceeded in creating a relationships registry in 2010 (see below).

Registered relationships

[edit]

In February 2010, New South Wales Attorney General Hatzistergos announced that the state government will introduce legislation for a statewide relationships register modelled on ones already in place in the ACT, Victoria and Tasmania. Entering into a "registered relationship" provides conclusive proof of the existence of the relationship, thereby gaining all of the rights afforded to de facto couples under state and federal law without having to prove any further factual evidence of the relationship. In this way, a registered relationship is similar to a registered partnership or civil union in other parts of the world. The law came into effect on 1 July 2010.[55]

The Relationships Register Bill 2010 was introduced to the NSW Legislative Assembly on 23 April 2010. The bill was approved by the NSW Legislative Assembly on a 62–9 vote on 11 May 2010, and then by the NSW Legislative Council (upper house) on a 32–5 vote on 12 May 2010.[56][57] The bill was assented on 19 May 2010.[58] The law took effect on 1 July 2010.[59][60]

Since 1 January 2019, relationship ceremonies have been legally available as an optional extra for de facto couples within NSW.[61][62]

Discrimination protections

[edit]

Just recently a private members bill was introduced to explicitly ban and outlaw heterosexual discrimination practices within NSW.[63]

In 1977, the Anti-Discrimination Act 1977[64] which prohibits discrimination in places of work, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs was passed in New South Wales.[65] Among other things, it covers homosexuality, marital or domestic status, transgender status, as well as HIV/AIDS status. Homosexuality was added in 1983, vilification of certain groups was added in 1993 (repealed in August 2018 and replaced explicitly with "publicly threatening and inciting violence law" within the NSW Crimes Act 1900), transgender status and HIV/AIDS status (under disability) was added in 1996 and then in 2008, marital or domestic status was added. The use of the term "homosexual" in this act means bisexuality is only covered if the discrimination is about the "homosexual" aspects of their life, or their perceived "homosexuality".[66] As of 2023, the NSW government is “commissioning a review” as formally announced - to the nearly 50 year old Anti-Discrimination Act 1977 legislation.[67]

Federal law also protects LGBT and Intersex people in New South Wales in the form of the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013.[68]

Also both sport and very broadly-based religious exemptions within non-public schools - still apply to explicitly allow discrimination on the grounds of “sex, gender, pregnancy and homosexuality exclusively” within NSW. For example banning transgender people from female sports categories and expelling gay students and teachers within a Catholic-run school.[69] Even religiously-run adoption agencies registered within NSW have an exemption to “deny and reject” same-sex couples adopting children.[70]

Abolition of gay panic defence

[edit]

In May 2014, the NSW Parliament passed a law (unanimously in both houses) that abolishes the "gay panic defence" within common law. The law commenced in June 2014.[71][72]

Disability Inclusion Act 2014

[edit]

In June 2022, a Greens amendment to a government bill supported and passed by the NSW government unanimously – explicitly include and recognise LGBTIQ+ individuals with a disability within NSW, to be added to legislation called the Disability Inclusion Act 2014.[73] The bill passed both houses of the NSW Parliament in the same month. The bill was assented by the Governor, effective immediately since 1 July 2022.[74]

Adoption and parenting rights

[edit]

Adoption

[edit]

Same-sex adoption has been legal since 15 September 2010, when the Adoption Amendment (Same Sex Couples) Act received royal assent and entered into force.[75] In July 2009 the Law and Justice Committee of the New South Wales Parliament recommended that the Adoption Act should be amended to allow same-sex couples the right to adopt. Committee chair Christine Robertson said, "The committee has concluded that reform to allow same-sex couples to adopt will help to ensure that the best interests of children are met by our adoption laws."[76][77] Initially, the Labor government refused to implement the recommendations, arguing that there was no broad community support for such legislation.[78] However, in August 2010, independent MP and Lord Mayor of Sydney Clover Moore introduced the Adoption Amendment (Same Sex Couples) Bill as a private member's bill. Both the NSW Premier Kristina Keneally and the Opposition Leader Barry O'Farrell allowed a conscience vote on the bill.[79][80] The bill was approved by the Legislative Assembly on 2 September 2010 in a 46–44 vote,[81][82] and by the Legislative Council on 9 September 2010 in a 22–15 vote.[83][84] The Act allows same-sex couples living in a de facto or registered relationship to adopt jointly, as well as to adopt their partner's children (step-child adoption).

In March 2017, the Supreme Court of New South Wales upheld the 2010 legislation that allows same-sex couples to legally adopt children – with various legal challenges by Catholic groups and individuals.[85]

Since April 2018, all Australian jurisdictions legally allow same-sex couples to adopt children.

Assisted reproduction

[edit]

All women (regardless if they are single, married or in a relationship with another person) are permitted access to IVF treatment in New South Wales under the Assisted Reproductive Technology Act 2007. Medicare funding, however, requires the couple to be medically infertile, which makes it only available to heterosexual couples because of an assumption that the man is medically infertile. A lesbian couple would likely not have a medical condition that makes the couple infertile.[86] The Artificial Conception Act 1984 (NSW) gave children conceived via artificial insemination the same status as children conceived naturally; in other words, the birth mother and her husband were deemed to be the legal parents. This was later repealed and updated with the Status of Children Act 1996 (NSW) which said the same thing, but accounted for a donated ova. The specific wording did not allow the birth mother's female partner to be legally recognised. The Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008[52] passed on 4 June 2008 recognises co-mothers as legal parents of children born through donor insemination and provides birth certificates allowing both mums to be recognised. Adoption and surrogacy reforms were not included. Male couples were excluded from most of the parenting-related legislation.[53][54] There has been controversy with clause 17 in the Assisted Reproductive Technology Act 2007 that allows donors to nominate classes of people to whom their sperm or eggs may not be given,[87] opening the way for discrimination against ethnic, religious and other minorities, including same-sex couples.[88]

Surrogacy

[edit]

Prior to 2007, there were no laws in place to deal with surrogacy in the state. This changed with the Assisted Reproductive Technology Act 2007 which declared commercial surrogacy to be illegal and all surrogacy contracts to be void.[89] The bill reiterated previous legislation, declaring that the birth mother and her husband are lawfully deemed to be the legal parents.[90]

The Surrogacy Bill 2010 passed the NSW parliament on 11 November 2010 and the bill received royal assent on 16 November 2010. The law commenced on 1 March 2011.[91][92] The surrogacy law only will recognise non-commercial surrogacy arrangements (the laws are also retrospective). Commercial surrogacy, advertising surrogacy arrangements and also going overseas to enter into a surrogacy arrangement is illegal under the Surrogacy Act 2010.[93] However, effective from 1 July 2025 under equality legislation recently adopted by NSW – children and babies born from commercial surrogacy based arrangements overseas are “automatically recognized from the moment of conception”. This immediately removes a loophole that prevented thousands of children and babies within NSW getting access to a birth certificate, because the parents have chosen a commercial surrogacy arrangement overseas.[94]

Transgender rights

[edit]
See also: Transgender rights in Australia

In October 2024, a bill passed the lower house chamber by a vote of 50–30 that explicitly removes, abolishing and repeals the sexual reassignment surgery requirements for changing sex on a birth certificate to be inline with the rest of Australia. The bill also passed the upper house chamber on an unrecorded voice vote the next day. The bill received royal assent by the Governor [95] and will go into effect in 2025.[96][97]

Birth certificates and driver licences are within the jurisdiction of the states, whereas marriage and passports are matters for the Commonwealth. NSW does legally recognise a person's gender transition but imposes requirements, such as only after undergoing sexual reassignment surgery (until 2025) and paying a $153 fee.[98]

Since 1996, NSW law requires an individual wishing to change their gender to:[99]

  • 1) be over 18 years old;
  • 2) be born in NSW or a resident of NSW for a year; and
  • 3) have sexual reassignment surgery with permission from two doctors (until 2025).[95][98]

In May 2018, the Miscellaneous Acts Amendment (Marriages) Bill 2018 was introduced to the Parliament of New South Wales to repeal the unmarried/divorced legal requirement to change one's gender on a birth certificate. The requirement to undergo sexual reassignment surgery was unaltered.[100] The bill passed the Parliament on 6 June 2018 and received royal assent on 15 June 2018. It commenced on the same day.[100][101]

In October 2020, the NSW Parliament lower house passed a "non-binding bipartisan motion" unanimously – calling for the human rights, dignity and respect for transgender individuals within NSW.[102][103]

In January 2021, it was reported by the news media that transgender individuals are banned from pools and baths within Randwick City Council areas – such as around Coogee.[104][105][106][107]

Non-binary recognition

[edit]

In April 2014, the High Court of Australia ruled that Australian law allows the registration of a "change of sex" to "non-specific" and does not require one to identify themselves as either male or female on identity documents.[108] The case originated in New South Wales with proceedings brought by Norrie May-Welby.

Rainbow birth certificates

[edit]

In March 2022, rainbow birth certificates became available for individuals born or adopted within NSW – without gender or sex listed to be inclusive and diverse. Victoria also has a similar schedule where rainbow birth certificates are available.[109][110]

Transgender health leave

[edit]

Inner West Council within Sydney voted to approve "transgender health leave" at a council meeting by conference. The NSW government has yet to approve, because it requires the local government minister's signature before it can go into effect.[111]

Intersex rights

[edit]
Main article: Intersex rights in Australia

In March 2017, representatives of Androgen Insensitivity Syndrome Support Group Australia and Organisation Intersex International Australia participated in an Australian and Aotearoa/New Zealand consensus "Darlington Statement" by intersex community organizations and others.[112] The statement calls for legal reform, including the criminalization of deferrable intersex medical interventions on children, an end to legal classification of sex, and improved access to peer support.[112][113][114][115][116]

Publicly threatening and inciting violence law

[edit]

In June 2018, both houses of the Parliament of New South Wales unanimously passed and the Governor of New South Wales signed an urgent bill without amendments called the Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018[117] to repeal the vilification laws within the Anti-Discrimination Act 1977 and replace it with criminal legislation with up to an explicit 3-year term of imprisonment within the Crimes Act 1900.[118][119] The legislation went into effect on 13 August 2018 – by proclamation on 10 August 2018.[120]

Judicial inquiry

[edit]

In November 2021, the NSW government made a formal announcement to start a judicial inquiry into LGBTIQ hate crimes that happened within NSW for decades.[121][122][123] In November 2022, a year later the formal inquiry commenced work and is seeking information throughout NSW.[124] In December 2022, NSW Police have been called to give evidence to the Commission into the 88 deaths of gay men between 1970 and 2000 within NSW. Several delays into paperwork and documents and several objections where raised so far.[125]

2022 legislation

[edit]

In August 2022, a bill passed both houses of the NSW Parliament unanimously to legally ban Nazi symbols to protect the LGBTIQ community – under the NSW Crimes Act 1900 to be inline with Victoria, that has implemented similar assented legislation in June 2022. On 19 August 2022, the Governor of NSW assented the bill into an Act formally and went into legal effect immediately.[126][127][128]

NSW mental health law

[edit]

Under section 16(1)(d) of the NSW ‘'Mental Health Act 2007'’, sexual orientation is not a mental illness.[129]

Conversion therapy

[edit]

In August 2019, the New South Wales Health Minister Brad Hazzard is proposing a potential national and state ban on the agenda. While NSW does not currently ban gay conversion therapy, disciplinary proceedings can be taken against a health practitioner who provides services in an unethical manner. However no bill has been introduced as of yet.[130][131]

In February 2021, it was announced that a cross-party group of MPs of all political affiliations are planning to introduce a bill to ban conversion therapy within NSW.[132][133]

Both major political parties have formally announced that after the NSW election is formally concluded in March, conversion therapy will be legally banned within NSW – inline with Queensland, Victoria and the Australian Capital Territory.[134][135]

In August 2023, a new law passed, assented and implemented within NSW[136] – that explicitly bans religious vilification alongside homosexuality, that could also "potentially possible ban any speech on gay conversion therapy theoretically and indirectly". The law goes into effect 3 months after royal assent. Vilification on homosexuality has exemptions since implemented in 1993, while religious vilification does not have exemptions.[137]

In October 2023, it was announced that the Chris Minns Labor government would introduce a bill to ban conversion therapy practices in NSW "by the end of the year".[138] However no bill was introduced and was delayed.[139] Then in March 2024, a government bill was formally introduced to the lower house to explicitly ban conversion therapy with certain limited "religious and parental exemptions and carveouts" – with up to 5 years imprisonment.[140][141]

The bill officially passed both houses of the NSW Parliament unamended on 22 March 2024 – and will go into effect 12 months after royal assent.[142][143] The bill was passed in the upper house with 22 votes in favour and four against.[144] However, the bill doesn't completely outlaw conversion therapy. There is still some exceptions given to religious groups, which includes, giving religious sermons preaching against homosexuality.[145]

Norfolk Island

[edit]

Since 1 July 2016, all NSW laws also apply to the approximately 2,000 residents on Norfolk Island, under both the Norfolk Island Legislation Amendment Act 2015 and the Territories Legislation Amendment Act 2016 – because the Norfolk Island Legislative Assembly was abolished on 1 July 2015.[146][147][148]

NSW paid parental leave rights and entitlements

[edit]

In February 2021, it was reported that paid parental leave rights and entitlements are only for female same-sex couples and not for male same-sex couples – due to an "archaic and outdated beliefs" that males are the breadwinner of the family and that the females are the homemaker. A NSW court case made an example that NSW law actually conflicted with federal law on paid parental leave rights and entitlements.[149] Since 1 October 2022, reforms to the NSW parental leave rights and entitlements removed the archaic "breadwinner" and "homemaker" titles – to be inline with federal legislation.[150]

Gender-neutral bathrooms

[edit]

In April 2023, Sydney City Council implemented a policy of gender-neutral bathrooms.[151][152]

NSW LGBTIQ+ advisory council

[edit]

In May 2024, the NSW government has established a 16 member “LGBTIQ+ advisory council”.[153]

Summary table

[edit]
Same-sex sexual activity legal Yes (since 1984 for males; always for females)
Equal age of consent Yes (since 2003)
Anti-discrimination state laws for sexual orientation Yes
Anti-discrimination state laws for gender identity Yes (transgender status)
Hate crime laws include sexual orientation Yes[154][155]
Hate crime laws include gender identity Yes
Laws against LGBT vilification Yes
Gay sex criminal records expunged Yes
Gay panic defence abolished Yes
Recognition in state law of same-sex couples as domestic partners Yes
Full joint/step adoption as well as full parentage from both IVF and altruistic surrogacy procedures for same-sex couples Yes
Gender-neutral bathroom policy Yes/No (Sydney City Council area only)[151]
Conversion therapy criminalised Yes (enacted, effective from 2025)[156]
Same-sex marriages Yes (since 2017)
MSMs allowed to donate blood Yes/No (since 2021; federal policy 3-month deferral period)[157]
Right to change sex on your birth certificate without any impediments and barriers Yes (enacted, effective from 2025)[95][158]

See also

[edit]

References

[edit]
  1. ^ [1]
  2. ^ [2]
  3. ^ Carbery, Graham (2010). "Towards Homosexual Equality in Australian Criminal Law: A Brief History" (PDF) (2nd ed.). Australian Lesbian and Gay Archives Inc. Archived (PDF) from the original on 5 March 2019. Retrieved 5 November 2016.
  4. ^ a b "Gay age of consent bill passed". ABC News (Australian Broadcasting Corporation). 27 May 2003. Archived from the original on 5 November 2016. Retrieved 16 June 2013.
  5. ^ "Crimes (Amendment) Act, 1984" (PDF). AustLII Databases. Australasian Legal Information Institute. Archived (PDF) from the original on 28 January 2016. Retrieved 17 January 2014.
  6. ^ Wotherspoon, Gary C. (1993). "Colin John Delaney (1897–1969)". Australian Dictionary of Biography. Vol. 13. Canberra: National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943. Archived from the original on 18 December 2013. Retrieved 29 January 2013.
  7. ^ "The Development Of Homosexuality". 18 May 2003. Archived from the original on 18 May 2003.
  8. ^ Kaplan, Gisela (1996). The Meagre Harvest: The Australian Women's Movement 1950s-1990s. St Leonards. p. 93.
  9. ^ "Sydney Gay and Lesbian Mardi Gras". Australian Museum. austmus.gov.au. Archived from the original on 20 July 2008. Retrieved 7 July 2008.
  10. ^ Australian Bureau of Statistics (25 January 2001). "New South Wales Year Book, 1998". abs.gov.au. Archived from the original on 7 November 2017. Retrieved 7 July 2008.
  11. ^ a b Feneley, Rick. "Sydney's Shame". The Sydney Morning Herald. Fairfax Media. Archived from the original on 30 August 2017. Retrieved 16 December 2016.
  12. ^ Australian Lesbian & Gay Archives (1993). "New South Wales". Homosexual Law Reform in Australia. Parkville, Victoria: Australian Lesbian & Gay Archives Inc. pp. 1–2.
  13. ^ Australian Lesbian & Gay Archives, pg.2.
  14. ^ Feneley, Rick. "Sydney's Shame - Up to 80 Men Murdered, 30 Cases Unsolved". The Sydney Morning Herald. Archived from the original on 30 August 2017. Retrieved 12 February 2014.
  15. ^ Feneley, Rick (8 August 2013). "Police desperate for answers to gay-hate crimes". The Sydney Morning Herald. Archived from the original on 18 June 2014. Retrieved 12 February 2014.
  16. ^ "'Shocking' stories about NSW's 'gay prison' finally being told". ABC News. 15 February 2022 – via www.abc.net.au.
  17. ^ "Journalist Uncovers 'World's Only Gay Prison' In Australia". 19 February 2022.
  18. ^ Australian Lesbian & Gay Archives, pp.6-7
  19. ^ Dick, Tim (20 May 2003). "Homosexual age of consent bill under debate". The Sydney Morning Herald. Archived from the original on 30 June 2018. Retrieved 16 June 2013.
  20. ^ a b "Extinguishment of historical homosexual convictions". Archived from the original on 14 June 2019. Retrieved 15 June 2016.
  21. ^ "Commencement Proclamation under the Criminal Records Amendment (Historical Homosexual Offences) Act 2014" (PDF). Archived (PDF) from the original on 28 January 2016. Retrieved 22 November 2014.
  22. ^ [3]
  23. ^ [4]
  24. ^ [5]
  25. ^ [6]
  26. ^ [7]
  27. ^ [8]
  28. ^ Lewis, Alexander (15 May 2024). "Protesters lash council over 'extremely homophobic' same-sex parenting book ban as decision reversed". ABC News. Archived from the original on 16 May 2024. Retrieved 16 May 2024.
  29. ^ SIX News Australia (15 May 2024). BREAKING: Cumberland City Council votes to OVERTURN ban on same-sex parents books | 6 News. Retrieved 16 May 2024 – via YouTube.
  30. ^ Puglisi, Leonardo (15 May 2024). "What just happened? Six councillors switch sides in Cumberland City Council same-sex parents book ban vote". Local Elections Aust. 6 News Australia. Archived from the original on 16 May 2024. Retrieved 16 May 2024.
  31. ^ [9]
  32. ^ "Same-sex marriage bill passes House of Representatives, paving way for first gay weddings". ABC News. 7 December 2017. Archived from the original on 24 March 2019. Retrieved 7 December 2017.
  33. ^ "Vote on gay marriage fails in NSW". 14 November 2013. Archived from the original on 30 July 2019. Retrieved 14 November 2013.
  34. ^ "Commonwealth v Australian Capital Territory [2013] HCA 55". Humanrights.gov.au. Archived from the original on 5 October 2014. Retrieved 5 April 2014.
  35. ^ "NSW recognises overseas gay marriage". Archived from the original on 8 December 2017. Retrieved 17 November 2014.
  36. ^ Day, Aaron (13 November 2014). "Australia: New South Wales legalises recognition of overseas same-sex marriages". Pink News. Archived from the original on 15 June 2023. Retrieved 14 June 2023.
  37. ^ "NSW Parliament unanimous vote on same-sex marriage pressures Prime Minister Tony Abbott to allow free vote". 24 June 2015. Archived from the original on 24 June 2017. Retrieved 25 September 2015.
  38. ^ "NSW Parliament votes in support of free vote on marriage equality". Archived from the original on 28 January 2016. Retrieved 25 September 2015.
  39. ^ "NSW Parliament calls on Canberra to grant Coalition conscience vote on marriage equality". 24 June 2015. Archived from the original on 4 March 2016. Retrieved 25 September 2015.
  40. ^ "NSW's health order states only grooms may kiss brides on Northern Beaches". Star Observer. 27 December 2020. Archived from the original on 27 December 2020. Retrieved 15 June 2023.
  41. ^ "Relationships and the law". Law Reform Commission New South Wales. Archived from the original on 29 April 2008. Retrieved 1 May 2008.
  42. ^ "Relationship rights in limbo". SSOnet. Archived from the original on 6 July 2011. Retrieved 1 May 2008.
  43. ^ "Report 113 (2006) - Relationships". Archived from the original on 1 March 2012. Retrieved 13 August 2009.
  44. ^ "Relationships Declaration Program". City of Sydney. Archived from the original on 7 December 2012. Retrieved 3 September 2007.
  45. ^ "Legal Recognition for Gay Couples". Victorian Gay and Lesbian Rights Lobby and Law Institute of Victoria 2002. Archived from the original on 23 March 2003. Retrieved 3 September 2007.
  46. ^ "Same Sex Relationships". Victorian Equal Opportunity and Human Rights Commission. Archived from the original on 30 August 2007. Retrieved 3 September 2007.
  47. ^ "Australian City To Launch Gay Partner Registry". Gay News from 365Gay.com. Archived from the original on 26 September 2007. Retrieved 3 September 2007.
  48. ^ "Melbourne City Council - 'Relationships Declaration Register'". Salt Shakers. Archived from the original on 13 August 2007. Retrieved 3 September 2007.
  49. ^ "Sydney Relationships Declaration Program". Archived from the original on 7 December 2012. Retrieved 13 August 2009.
  50. ^ "Woollahra to get same-sex register". Star Observer. 10 December 2008. Archived from the original on 6 September 2017. Retrieved 15 June 2016.
  51. ^ "Relationship Declaration Service". Blue Mountains City Council. Archived from the original on 1 February 2016. Retrieved 31 January 2016.
  52. ^ a b "Miscellaneous Acts Amendment (Same Sex Relationships) Bill 2008". Parliament of New South Wales. Archived from the original on 19 October 2008. Retrieved 11 June 2008.
  53. ^ a b Taylor, Christian (23 April 2008). "New Laws for Same Sex Families". SameSame.com.au. Archived from the original on 7 May 2008. Retrieved 1 May 2008.
  54. ^ a b "Parenting reforms welcomed". SX News. 11 June 2008. Archived from the original on 19 June 2008. Retrieved 11 June 2008.
  55. ^ "NSW to get relationship register". 23 February 2010. Archived from the original on 18 August 2010. Retrieved 12 May 2010.
  56. ^ "NSW relationship register passed". 11 May 2010. Archived from the original on 15 May 2010. Retrieved 12 May 2010.
  57. ^ "Massive support for register". 13 May 2010. Archived from the original on 14 April 2020. Retrieved 13 May 2010.
  58. ^ "Relationships Register Bill 2010". Archived from the original on 22 October 2012.
  59. ^ "Register opens tomorrow". Archived from the original on 26 January 2020. Retrieved 1 July 2010.
  60. ^ "NSW couples can register from today". Archived from the original on 14 March 2012.
  61. ^ "Relationship register". Archived from the original on 23 July 2019. Retrieved 4 January 2019.
  62. ^ "Together forever: New law to allow formal registration of de facto relationships". 29 December 2018. Archived from the original on 13 April 2019. Retrieved 4 January 2019.
  63. ^ [10]
  64. ^ "Anti-Discrimination Act 1977". Archived from the original on 25 August 2018. Retrieved 13 August 2009.
  65. ^ "Homosexual Discrimination" (PDF). Anti-Discrimination Board of New South Wales. Archived (PDF) from the original on 1 March 2012. Retrieved 3 September 2007.
  66. ^ "Section 7 - Protection from discrimination on the basis of sexual orientation - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)". Australian Human Rights Commission. Archived from the original on 16 August 2018. Retrieved 12 December 2017.
  67. ^ [11]
  68. ^ "Australian Human Rights Commission". Archived from the original on 3 January 2015. Retrieved 19 November 2013.
  69. ^ [12]
  70. ^ [13]
  71. ^ "Commencement Proclamation under the Crimes Amendment (Provocation) Act 2014 No 13" (PDF). Archived (PDF) from the original on 28 January 2016. Retrieved 29 June 2014.
  72. ^ "Crimes Amendment (Provocation) Bill 2014". Archived from the original on 14 June 2017. Retrieved 15 June 2016.
  73. ^ "Disability Inclusion Act 2014 - as at 1 July 2022 - Act 41 of 2014". New South Wales Consolidated Acts. Archived from the original on 29 February 2016. Retrieved 15 June 2023.
  74. ^ "Disability Inclusion Amendment Bill 2022". Parliament of New South Wales. Archived from the original on 9 June 2022. Retrieved 15 June 2023.
  75. ^ "Adoption Amendment (Same Sex Couples) Bill 2010 (No 2)". Archived from the original on 26 November 2010. Retrieved 10 September 2010.
  76. ^ "Adoption Inquiry Backs Same-Sex Couples". SSO Net. 9 July 2009. Archived from the original on 11 May 2020. Retrieved 15 May 2008.
  77. ^ "Adoption by same sex couples (Inquiry), Parliament of New South Wales". Archived from the original on 18 April 2009. Retrieved 15 August 2009.
  78. ^ Owens, Jared; Vasek, Lanai. "Gay Labor activists slam NSW adoption ruling". The Australian. Archived from the original on 13 September 2012. Retrieved 14 June 2023.
  79. ^ "Same Sex Adoption" (PDF). Archived from the original (PDF) on 27 November 2010. Retrieved 26 June 2010.
  80. ^ Hall, Louise (3 September 2010). "Same-sex adoption bill passes House". The Sydney Morning Herald. Archived from the original on 28 January 2016. Retrieved 14 June 2023.
  81. ^ "Same-sex adoption passes Legislative Assembly". 2 September 2010. Archived from the original on 10 September 2010. Retrieved 2 September 2010.
  82. ^ "Same-sex adoption bill clears hurdle". Australian Broadcasting Corporation. 2 September 2010. Archived from the original on 23 January 2011. Retrieved 2 September 2010.
  83. ^ Akersten, Matt (9 September 2010). "NSW Adoption Bill passes". Same Same. Archived from the original on 10 September 2010. Retrieved 14 June 2023.
  84. ^ Akersten, Matt (9 September 2010). "Knife-edge for NSW adoption vote". Same Same. Archived from the original on 14 March 2012. Retrieved 14 June 2023.
  85. ^ "Catholic parents fight gay couple's adoption". 26 March 2017.
  86. ^ "No Medicare for lesbians' IVF". The Age. Melbourne. 19 December 2007. Archived from the original on 14 October 2017. Retrieved 14 May 2008.
  87. ^ "Assisted Reproductive Technology Act 2007 - Sect 17". Archived from the original on 11 July 2017. Retrieved 13 August 2015.
  88. ^ McDougall, Bruce (28 November 2007). "Donor can ban Muslims, lesbians". News.com.au. Archived from the original on 20 February 2008. Retrieved 14 May 2008.
  89. ^ "Assisted Reproductive Technology Act 2007". Austlii. Archived from the original on 8 June 2017. Retrieved 14 May 2008.
  90. ^ "Legislation around Australia - Reproductive Technology". Department of Human Services. Archived from the original on 30 June 2009. Retrieved 14 May 2008.
  91. ^ "Surrogacy Australia". Surrogacy Australia. Archived from the original on 4 March 2016. Retrieved 5 April 2014.
  92. ^ "New Surrogacy Act 2010 commences: 1 March 2011". Archived from the original on 29 April 2019. Retrieved 15 June 2016.
  93. ^ "Surrogacy Bill 2010". Archived from the original on 3 March 2016. Retrieved 24 October 2010.
  94. ^ [14]
  95. ^ a b c "Equality Legislation Amendment (LGBTIQA+) Bill 2023". www.parliament.nsw.gov.au. Retrieved 25 October 2024.
  96. ^ [15]
  97. ^ [16]
  98. ^ a b "Male, female or neither: The sky will not fall in". 22 November 2018. Archived from the original on 22 August 2019. Retrieved 24 January 2019.
  99. ^ "Change of sex". Archived from the original on 2 October 2019. Retrieved 4 January 2019.
  100. ^ a b "Miscellaneous Acts Amendment (Marriages) Bill 2018" (PDF). www.parliament.nsw.gov.au. Archived (PDF) from the original on 4 April 2019. Retrieved 25 May 2018.
  101. ^ "NSW delivers marriage equality for trans people". Human Rights Law Centre. 6 June 2018. Archived from the original on 24 March 2019. Retrieved 6 June 2018.
  102. ^ "NSW Parliament declares support for transgender people". 23 October 2020. Archived from the original on 29 October 2020. Retrieved 24 October 2020.
  103. ^ Hirst, Jordan (22 October 2020). "NSW Parliament calls for equality for transgender community". Q News. Archived from the original on 27 October 2020. Retrieved 15 June 2023.
  104. ^ Sullivan, Helen (12 January 2021). "Sydney women-only ocean pool under fire over transgender policy". The Guardian. Archived from the original on 12 January 2021. Retrieved 15 June 2023.
  105. ^ "Exclusive women's-only pool responds to backlash over 'transphobic' policy". Archived from the original on 12 January 2021. Retrieved 12 January 2021.
  106. ^ "Sydney female-only pool sparks outrage with 'degrading' transgender policy". 13 January 2021. Archived from the original on 13 January 2021. Retrieved 14 January 2021.
  107. ^ "The McIver's Ladies Baths is an Oasis for All Women". 13 January 2021. Archived from the original on 16 January 2021. Retrieved 17 January 2021.
  108. ^ "NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014)". Austlii.edu.au. Archived from the original on 6 May 2015. Retrieved 5 April 2014.
  109. ^ Portr, Merryn (1 March 2022). "New commemorative rainbow birth certificates to reflect diversity". 9Honey. Archived from the original on 2 March 2022. Retrieved 15 June 2023.
  110. ^ "Commemorative birth certificate designs". NSW Government. 25 June 2020. Archived from the original on 8 December 2021. Retrieved 15 June 2023.
  111. ^ Potts, Andrew. (13 September 2023). Inner West Council push for trans health leave at NSW Local Gov Conference. QNews.
  112. ^ a b Black, Eve; Bond, Kylie; Briffa, Tony; Carpenter, Morgan; Cody, Candice; David, Alex; Driver, Betsy; Hannaford, Carol; Harlow, Eileen; Hart, Bonnie; Hart, Phoebe; Leckey, Delia; Lum, Steph; Mitchell, Mani Bruce; Nyhuis, Elise; O?Callaghan, Bronwyn; Perrin, Sandra; Smith, Cody; Williams, Trace; Yang, Imogen; Yovanovic, Georgie (10 March 2017). "Darlington Statement: Joint consensus statement from the intersex community retreat in Darlington, March 2017". Archived from the original on 21 March 2021 – via eprints.qut.edu.au.
  113. ^ Copland, Simon (20 March 2017). "Intersex people have called for action. It's time to listen". Special Broadcasting Service. Archived from the original on 2 October 2020. Retrieved 21 March 2017.
  114. ^ Jones, Jess (10 March 2017). "Intersex activists in Australia and New Zealand publish statement of priorities". Star Observer. Archived from the original on 22 March 2017. Retrieved 21 March 2017.
  115. ^ Power, Shannon (13 March 2017). "Intersex advocates pull no punches in historic statement". Gay Star News. Archived from the original on 22 March 2017. Retrieved 21 March 2017.
  116. ^ Sainty, Lane (13 March 2017). "These Groups Want Unnecessary Surgery on Intersex Infants To Be Made A Crime". BuzzFeed Australia. Archived from the original on 29 April 2019. Retrieved 21 March 2017.
  117. ^ "Error" (PDF). Archived (PDF) from the original on 2 April 2019. Retrieved 1 July 2018.
  118. ^ "Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018". Archived from the original on 4 May 2019. Retrieved 1 July 2018.
  119. ^ "New laws to target incitement of violence". Archived from the original on 20 May 2019. Retrieved 1 July 2018.
  120. ^ David Hurley (10 August 2018). "Commencement Proclamation under the Crimes Amendment (Publicly Threatening and Inciting Violence) Act 2018 No 32" (PDF). New South Wales. Archived from the original (PDF) on 13 August 2018. Retrieved 14 June 2023.
  121. ^ "NSW government announces inquiry into decades of gay hate crimes". 4 November 2021. Archived from the original on 4 November 2021. Retrieved 5 November 2021.
  122. ^ "NSW Government Orders Judicial Inquiry into Historic Sydney Anti-Gay Hate Crimes". 3 November 2021. Archived from the original on 5 November 2021. Retrieved 5 November 2021.
  123. ^ Cabinet, Premier and (4 November 2021). "Inquiry into gay hate and transgender hate crimes between 1970 and 2010 announced | NSW Government". Archived from the original on 5 November 2021. Retrieved 5 November 2021.
  124. ^ "NSW inquiry into murders of LGBTQ+ people 'may be the last chance for the truth' | New South Wales". The Guardian. 2 November 2022. Archived from the original on 2 November 2022. Retrieved 14 June 2023.
  125. ^ Thomas, Shibu (5 December 2022). "NSW Police Raise Objections Before Sydney Anti-LGBT Hate Crimes Inquiry". Star Observer. Archived from the original on 5 December 2022. Retrieved 14 June 2023.
  126. ^ "Government bill to ban Nazi symbols passes Lower House". NSW Government. 9 August 2022. Archived from the original on 10 August 2022. Retrieved 15 June 2023.
  127. ^ "Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill 2022". Parliament of New Wales. Archived from the original on 10 August 2022. Retrieved 15 June 2023.
  128. ^ "NSW becomes second state to ban Nazi flag and symbols". TheGuardian.com. 11 August 2022. Archived from the original on 11 August 2022.
  129. ^ "Mental Health Act 2007 - Sect 16 Certain words or conduct may not indicate mental illness or disorder". New South Wales Consolidated Acts. Archived from the original on 7 April 2017. Retrieved 15 June 2023.
  130. ^ "'Gay conversion therapy nearly killed me': The push for a national ban". Australian Broadcasting Corporation. 2 August 2019. Archived from the original on 7 September 2019. Retrieved 5 August 2019.
  131. ^ "Prime Minister & NSW Health Minister at Odds over Conversion Therapy". 9 September 2020. Archived from the original on 12 September 2020. Retrieved 10 September 2020.
  132. ^ "NSW Parliamentarians Vow to Outlaw "Conversion Therapy"". 7 February 2021. Archived from the original on 7 February 2021. Retrieved 7 February 2021.
  133. ^ Hickey, Sonia (5 February 2021). "Victoria Criminalises Gay Conversion Therapy". Sydney Criminal Lawyers. Archived from the original on 17 November 2021. Retrieved 15 June 2023.
  134. ^ Cormack, Lucy (17 February 2023). "'Bring to an end harmful practices': Premier to back ban on gay conversion practices". The Sydney Morning Herald. Archived from the original on 16 February 2023. Retrieved 15 June 2023.
  135. ^ Kidd, Jessica (16 February 2023). "Bipartisan support pledged in New South Wales to ban gay conversion therapy". ABC News. Archived from the original on 16 February 2023. Retrieved 15 June 2023.
  136. ^ [17]
  137. ^ [18]
  138. ^ [19]
  139. ^ [20]
  140. ^ [21]
  141. ^ [22]
  142. ^ [23]
  143. ^ [24]
  144. ^ "New South Wales bans gay conversion therapy". amp.9news.com.au. Retrieved 22 March 2024.
  145. ^ Smith, Alexandra; McSweeney, Jessica; Segaert, Anthony (21 March 2024). "'History is made': Gay conversion banned in NSW after all-night debate". The Sydney Morning Herald. Retrieved 22 March 2024.
  146. ^ "Norfolk Island Legislation Amendment Bill 2015". Archived from the original on 12 June 2019. Retrieved 2 September 2016.
  147. ^ "Territories Legislation Amendment Bill 2016". Archived from the original on 19 May 2019. Retrieved 2 September 2016.
  148. ^ "Norfolk Island reforms". Archived from the original on 16 January 2016. Retrieved 2 September 2016.
  149. ^ "Gay Surrogate Dads Wage Legal Battle for Paid Parental Leave". 26 February 2021. Archived from the original on 1 March 2021. Retrieved 1 March 2021.
  150. ^ "Groundbreaking parental leave for public sector workers". NSW Government. 11 October 2022. Archived from the original on 11 October 2022. Retrieved 14 June 2023.
  151. ^ a b Noack, Georgina (17 April 2023). "Sydney council votes unanimously to upgrade to gender-neutral public loos". News. Retrieved 14 June 2023.
  152. ^ Taylor, Andrew (16 April 2023). "The Sydney council that wants to make toilets gender-neutral". The Sydney Morning Herald. Archived from the original on 15 April 2023. Retrieved 14 June 2023.
  153. ^ [25]
  154. ^ "Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002". 28 February 2015. Archived from the original on 14 June 2019. Retrieved 16 August 2016.
  155. ^ "Vic introduces new hate crime laws". 2 June 2009. Archived from the original on 6 November 2016. Retrieved 16 August 2016.
  156. ^ [26]
  157. ^ "Postponements". Donate Blood. Archived from the original on 7 January 2021. Retrieved 15 June 2023.
  158. ^ [27]
[edit]
Retrieved from "https://en.wikipedia.org/w/index.php?title=LGBTQ_rights_in_New_South_Wales&oldid=1257739531#Norfolk_Island"