[12] Since February 2025, extensive and comprehensive federal hate crime legislation explicitly includes “sex, sexual orientation, gender identity and intersex status” - with up to 7 years imprisonment.

[20][21] According to the 2020 Commonwealth Style Manual, Australian government agencies use both the LGBTI and LGBTIQ+ initialisms, with "SOGIESC" (sexual orientation, gender identity and expression, and sex characteristics) used by writers in relation to legal and policy issues.

[29] Following the murder of George Duncan in Adelalide, suspected to have been committed by police officers, there was widespread public outrage in South Australia and calls for male homosexuality to be decriminalized.

Members were allowed a conscience vote on the bill, however Ren DeGaris moved an amendment in which homosexual activity remained a criminal offence, but provided a legal defence if both men were in private, consenting and over the ages of 21.

[67] From 1 July 2009, amendments to the Social Security Act 1991 meant that customers in a same-sex de facto relationship are recognised as partners for Centrelink and Family Assistance Office purposes.

The plan to grant equivalent rights to gays and de factos had been up for discussion since 2002, and all states eventually agreed, but the change was blocked because the Howard government insisted on excluding same-sex couples.

[103] In recent years, a dramatic increase in the use of overseas surrogacy programs has occurred amongst both same-sex and opposite-sex couples, creating some unique legal concerns with respect to citizenship and parenting rights.

[117] In introducing federal discrimination protections for LGBTI people, the Gillard government promised that religious bodies would be exempt, unless they were aged care providers receiving Commonwealth funding.

In January 2023 the commission released a consultation paper, recommending the law be amended to explicitly outlaw discrimination against both students and teachers on the grounds of sexual orientation, gender identity, marital status, and other traits.

[153][154] Following decriminalisation in 1984 through the passing of Neville Wran's private member's bill,[155] the onset of the AIDS epidemic abruptly reversed what had been a growing public acceptance of LGBT+ Australians in mainstream discourse.

[170] However, the program faced criticism in 2015 and 2016 from social conservatives including the Australian Christian Lobby, LNP politicians such as Cory Bernardi, George Christensen, John Howard, Brendan Nelson, Scott Morrison, Eric Abetz, Malcolm Turnbull, Tony Abbott, Kevin Andrews and former Labor Senator Joe Bullock for indoctrinating children with "Marxist cultural relativism",[167] and age-inappropriate sexuality and gender concepts in schools,[171] while others criticised the Marxist political views of Roz Ward, a key figure in the program.

[174] The concerns led to a review under the Turnbull government, which implemented a number of changes such as restricting the program to high schools, removing role playing activities and requiring parental consent before students take part.

[189][190] Western Australia removed the forced divorce requirement in February 2019, having already allowed hormonal therapy as an alternative to sex reassignment surgery for a legal gender change since 2011.

[192] Queensland and New South Wales abolished the forced divorce provisions from the statute books in June 2018, though both jurisdictions still require an individual to have undergone surgery before being permitted to alter their sex descriptor on a certificate.

[240][241] The decision-making process for assessing LGBT asylum claims lacks consistency and relies on stereotypes such as whether the person attended gay clubs or joined lesbian groups.

[246] In practice, the protections for refugees seeking asylum on the basis of sexual orientation are limited, depending largely on invasive personal questions and the whim of the immigration officials involved.

[247] Australia's strict policy of mandatory detention and offshore processing for unauthorised boat arrivals has been criticised by non-government organisations including the ILGA, Human Rights Watch and Amnesty International, with particularly severe consequences for LGBT asylum seekers.

[245][244] The 2016 ILGA report on state-sponsored homophobia also describes the case of two gay Iranian asylum seekers resettled by Australia on Nauru who were "virtual prisoners" because they were "subjected to physical attacks and harassment by the local community, as they have been identified as being in a same-sex relationship", which was illegal at the time.

[252] In 1992, the Keating government overturned the ban on LGB personnel after a lesbian Australian Army reservist complained to the Human Rights and Equal Opportunities Commission that she was dismissed on the grounds of her sexuality.

Following the Fairfax investigation, Victorian premier Daniel Andrews called on the prime minister, Malcolm Turnbull, to support outlawing conversion therapy as part of the national mental health strategy.

[274][275] The following day, the health minister of the Australian Capital Territory, Meegan Fitzharris, followed Catherine King's lead by also responding to the petition, stating that, "The ACT government will ban gay conversion therapy.

[316][317] Since 2003, the Uniting Church in Australia has allowed sexually active gay and lesbian people to be ordained as ministers, with each individual presbyteries given discretion to decide the matter on a case-by-case basis.

[348] The Coalition's history on LGBT issues is mixed; during the 1970s, Liberal politicians such as John Gorton and Murray Hill worked across party lines in supporting the decriminalisation of homosexuality.

[355] Following the loss of government in the 2007 Australian federal election, new leader Brendan Nelson flagged the Coalition's support for removing legal discrimination against same-sex couples in all areas except marriage, adoption and fertility services.

[356] Nelson was replaced by Tony Abbott, who maintained a socially conservative approach to LGBT issues and stated he felt a "bit threatened" by homosexuality but supported "enduring" gay unions.

[358] Abbott was accused by Christopher Pyne of "branch stacking" the party room by calling a joint meeting with the largely socially conservative Nationals, as this reduced the prospects of a free vote being endorsed.

[344] Conservatives prevailed over progressives in the party by denying a conscience vote in the Parliament on same-sex marriage and successfully advocating for changes and the removal of federal funding to the Safe Schools anti-bullying program.

[364] Under the leadership of Mark Latham in 2004, Labor supported the Howard government's ban on same-sex marriage to appease its right-wing factions and avoid losing electorates in western Sydney.

The Greens support calls to ban conversion therapy due to the harmful mental health impacts of sexual orientation and gender identity change efforts.

[380] In 2023, Hanson criticised NSW One Nation leader Mark Latham tweet in response to fellow politician Alex Greenwich, who is openly gay and called for him to apologise.