View source for Human rights in Australia

{{Short description|none}} <!-- "none"  when the title is sufficiently descriptive; see [[WP:SDNONE]] -->
{{Redirect|Human rights Australia|the Human rights institution of the Australian Government|Australian Human Rights Commission}}
{{Use dmy dates|date=November 2017}}
{{Politics of Australia sidebar}}
'''Human rights in Australia''' have largely been developed by the democratically elected [[Australian Parliament]] through laws in specific contexts (rather than a stand-alone, abstract [[bill of rights]]) and safeguarded by such institutions as the [[independent judiciary]] and the [[High Court of Australia|High Court]], which implement [[common law]], the [[Australian Constitution]], and various other [[Australian Law|laws of Australia]] and its [[States and Territories of Australia|states and territories]].  [[Australia]] also has an independent statutory human rights body, the [[Australian Human Rights Commission]], which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.

[[Universal suffrage|Universal voting rights]] and rights to [[freedom of association]], [[freedom of religion|freedom of, and from, religion]] and freedom from [[discrimination]] are protected in Australia. The [[Australian colonies]] were among the first political entities in the world to grant [[universal manhood suffrage]] (1850s) and [[female suffrage]] (1890s). Ever since the gradual dismantling of the [[White Australia]] policy throughout the late 20th century, contemporary Australia is a [[liberal democracy]] and heir to a large post-[[World War II]] [[multicultural]] program of immigration in which forms of [[Racial Discrimination Act 1975|racial discrimination have been prohibited]] since 1975.

As a founding member of the [[United Nations]], Australia has assisted in the drafting of the [[Universal Declaration of Human Rights]] and it is signatory to various other international treaties on the subject of [[Human Rights|human rights]]. However, Australia is the only democratic country in the world without a national bill of rights of some kind.<ref>{{cite journal |title=The Victorian Charter of Human Rights and Responsibilities: Origins and Scope |url=http://www.austlii.edu.au/au/journals/MelbULawRw/2006/27.html |author=Williams |first=G. |author-link=George Williams (lawyer) |year=2006 |volume=30 |issue=3 |journal=Melbourne University Law Review |page=880 |access-date=10 August 2014 |archive-date=16 November 2018 |archive-url=https://web.archive.org/web/20181116074951/http://www.austlii.edu.au/au/journals/MelbULawRw/2006/27.html |url-status=live }}</ref> [[Racism in Australia]] traces both historical and contemporary racist community attitudes, as well as political non-compliance and alleged governmental negligence on United Nations human rights standard<ref>{{cite web|url=https://www.ohchr.org/EN/countries/AsiaRegion/Pages/AUIndex.aspx|title=OHCHR – Australia Homepage|website=www.ohchr.org|access-date=19 January 2019|archive-date=6 September 2019|archive-url=https://web.archive.org/web/20190906200258/https://www.ohchr.org/EN/Countries/AsiaRegion/Pages/AUIndex.aspx|url-status=live}}</ref> and incidents in Australia.

Ongoing human rights issues in Australia largely stems from the legacy of mistreatment of [[Indigenous Australians]], who are disproportionately of disadvantaged socioeconomic standing, have shorter life spans, and make up a disproportionately high number of imprisoned persons. ''[[De jure]]'', these rights are protected by the Australian Constitution and the constitutions of the states and territories bodies created to advance the promotion and protection of Human Rights Commission, in addition to a number of federal laws that exist to protect people from discrimination and nature breaches to human rights. The usage of [[Australian immigration detention facilities|immigration detention facilities]] remains a contentious issue especially among critics and human rights groups. In 2017, the [[United Nations High Commissioner for Refugees]] (UNHCR) has cited these facilities as a "damning indictment of a policy meant to avoid Australia's international human rights obligations".<ref>{{cite web |last1=Davidson |first1=Helen |title=Manus humanitarian crisis a 'damning indictment' of Australia's refugee policy: UNHCR |url=https://www.theguardian.com/australia-news/2017/nov/22/manus-humanitarian-crisis-a-damning-indictment-of-australias-refugee-policy-unhcr |website=The Guardian |access-date=24 April 2022 |language=en |date=21 November 2017}}</ref>

== Sources of rights ==
Most human rights are not constitutionally protected at the federal level. However, certain rights are protected via statute both federally and in the states (often called charters of rights).<ref>{{cite web|url=https://www.humanrights.gov.au/how-are-human-rights-protected-australian-law|title=How are human rights protected in Australian law?|date=14 December 2012|website=www.humanrights.gov.au|access-date=4 March 2017|archive-date=17 April 2019|archive-url=https://web.archive.org/web/20190417184713/https://www.humanrights.gov.au/how-are-human-rights-protected-australian-law|url-status=live}}</ref> For example, in Queensland,<ref>{{Cite web |url=https://www.legislation.qld.gov.au/view/whole/html/asmade/act-2019-005 |title=View – Queensland Legislation – Queensland Government<!-- Bot generated title --> |access-date=16 December 2020 |archive-date=23 December 2020 |archive-url=https://web.archive.org/web/20201223210515/https://www.legislation.qld.gov.au/view/whole/html/asmade/act-2019-005 |url-status=live }}</ref> in Victoria,<ref>{{cite Legislation AU|Vic|act|cohrara2006433|Charter of Human Rights and Responsibilities Act 2006}}.</ref> and in the ACT.<ref>{{cite Legislation AU|ACT|act|hra2004148|Human Rights Act 2004}}.</ref> As such, other sources of rights exist to protect rights in Australia (the Constitution, through statutes, common law, and through implementation of international treaties).

=== Australian Constitution ===
Human rights are protected under the [[Australian Constitution]] in several ways:
* [[Self-determination]] is protected by the creation of a system of responsible government chosen by the people in the form of the [[Parliament of Australia|Australian Parliament]];
* [[Section 41 of the Constitution of Australia|Section 41]] provides a right to vote;
* [[Section 51(xxiii) of the Constitution of Australia|Section 51(xxiii)]] prohibits civil conscription in relation to medical and dental services;
* [[Section 51(xxxi) of the Constitution of Australia|section 51(xxxi)]] empowers the Commonwealth to acquire property only "on just terms";
* [[Section 80 of the Constitution of Australia|Section 80]] provides a right to a jury trial for indictable offences;
* [[Section 92 of the Constitution of Australia|Section 92]] protects freedom of interstate trade, commerce and communication among the States;
* [[Section 116 of the Constitution of Australia|Section 116]] prohibits the Commonwealth from passing laws establishing religion, imposing religious observance, or requiring a religious test for qualification for public office;
* [[Section 117 of the Constitution of Australia|Section 117]] prohibits discrimination on the basis of State residence.
In addition, as a result of certain structural implications and principles, the Constitution protects human rights indirectly through several means, including:
* An [[implied freedom of political communication]] on government and political matters;<ref name="Lange">{{cite AustLII|HCA|25|1997|litigants=[[Lange v Australian Broadcasting Corporation]] |parallelcite=(1997) 189 [[Commonwealth Law Reports|CLR]] 520 |courtname=auto}}.</ref>
* A requirement that punishment (and, with some exceptions, imprisonment) only occur pursuant a court order, arising from the [[separation of powers]];<ref name="Lim">{{cite AustLII|HCA|64|1992|litigants=[[Chu Kheng Lim v Minister of Immigration]] |parallelcite=(1992) 176 [[Commonwealth Law Reports|CLR]] 1 |courtname=auto}}.</ref>
* A requirement that courts be independent and impartial from the executive and legislature;<ref name=Totani>{{cite AustLII|HCA|39|2010|litigants=Totani v South Australia |link=South Australia v Totani |parallelcite=(2010) 242 [[Commonwealth Law Reports|CLR]] 1 |courtname=auto}}.</ref>
* The right to challenge the legality of government action for [[jurisdictional error]], even where legislation purports to preclude judicial review.<ref name=S157>{{cite AustLII|HCA|2|2003|litigants=Plaintiff S157/2002 v Commonwealth |parallelcite=(2003) 211 [[Commonwealth Law Reports|CLR]] 476 |courtname=auto}}</ref><ref name=Kirk>{{cite AustLII|HCA|1|2010|litigants=[[Kirk v Industrial Court of NSW]] |parallelcite=(2010) 239 [[Commonwealth Law Reports|CLR]] 531 |courtname=auto}}.</ref>

=== Statutes ===
Human rights are protected through various statutory enactments in a broad variety of specific contexts. For example, there are statutes which prescribe and regulate police powers,<ref>{{Cite Legislation AU|NSW|act|leara2002451|Law Enforcement (Powers and Responsibilities) Act 2002}}.</ref> use of personal information,<ref>{{Cite Legislation AU|Cth|act|pa1988108|Privacy Act 1988}}.</ref> secret recording of conversations,<ref>{{Cite Legislation AU|NSW|act|sda2007210|Surveillance Devices Act 2007}}.</ref> equal treatment when buying goods and services,<ref name="RDA s13">{{Cite Legislation AU|Cth|act|rda1975202|Racial Discrimination Act 1975|13}} Provision of goods and services.</ref> consumer rights,<ref>{{Cite Legislation AU|Cth|act|caca2010265|Competition and Consumer Act 2010}} Schedule 2 The Australian Consumer Law.</ref> and many other statutes.

=== Common law ===
The common law of Australia protects rights indirectly through various causes of action (such as in contract, tort, and property rights).  The common law also protects human rights through principles of statutory interpretation. One example is found in Gleeson CJ's statement that it is presumed that it is not Parliament's intention to remove a fundamental human right(s) or freedom(s) unless such an intention is outlined and manifested by clear language.<ref name=Coco>{{cite AustLII|HCA|15|1994|litigants=[[Coco v The Queen]] |parallelcite=(1994) 179 [[Commonwealth Law Reports|CLR]] 427 |courtname=auto}}.</ref> This is known as the [[Principle of Legality (Australia)|principle of legality]] which acts as an extra layer of protection for human rights against vague or ambiguous legislation.  Furthermore, Former [[Chief Justice of New South Wales]], [[James Spigelman]], has compiled a list of a number of rights-depriving acts which the common law presumes the legislature does not intend without clear wording, including retrospectively changing rights and obligations, infringing personal liberty, interfering with freedom of movement or speech, restricting access to the courts, interfering with vested property rights, and denying procedural fairness.<ref>{{cite web |first=James |last=Spigelman |author-link=James Spigelman |title=The Common Law Bill of Rights |ssrn=1806775 |date=10 March 2008 |work=speech given at the University of Queensland, Brisbane}}</ref>

In addition, there are various common law principles which afford certain protections, such as legal professional privilege, and the privilege against self-incrimination.

=== International Human Rights Laws in Australia ===
Australia has signed various international treaties and conventions regarding human rights. Australia has agreed to be bound by the following treaties:
*[[Universal Declaration of Human Rights|Universal Declaration on Human Rights]]
*[[International Covenant on Civil and Political Rights]]
*[[International Covenant on Economic, Social and Cultural Rights]]
*[[Convention on the prevention and punishment of the crime of genocide|Convention on the Prevention and Punishment of the Crime of Genocide]]
*[[Convention on the Political Rights of Women]]
*[[International Convention on the Elimination of All Forms of Racial Discrimination|International Convention on the Elimination of all forms of Racial Discrimination]]
*[[Convention on the Elimination of All Forms of Discrimination Against Women|Convention on the Elimination of all forms of Discrimination against Women]]
*[[United Nations Convention against Torture|Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment]]
*[[Convention on the Rights of the Child]]
*[[Convention on the Reduction of Statelessness]]
*[[Convention relating to the Status of Stateless Persons]]
*[[Convention Relating to the Status of Refugees]]
*[[1926 Slavery Convention]]
*[[Supplementary Convention on the Abolition of Slavery]]
*[[Convention on the Rights of Persons with Disabilities]]<ref name="humanrights.gov.au">{{cite web|url=https://www.humanrights.gov.au/human-rights-explained-fact-sheet-7australia-and-human-rights-treaties|title=Human Rights Explained: Fact sheet 7:Australia and Human Rights Treaties|date=14 December 2012|website=www.humanrights.gov.au|access-date=4 March 2017|archive-date=20 April 2019|archive-url=https://web.archive.org/web/20190420162853/https://www.humanrights.gov.au/human-rights-explained-fact-sheet-7australia-and-human-rights-treaties|url-status=live}}</ref>

Although Australia is a signatory to these, the rights given in the treaties are only applicable in Australia if domestic legislation is established.<ref name="humanrights.gov.au" /> For example, the ''Racial Discrimination Act'' 1975 (Cth),<ref name=RDA>{{Cite Legislation AU|Cth|act|rda1975202|Racial Discrimination Act 1975}}</ref> implements the Convention on the Elimination of All Forms of Racial Discrimination, and the ''Sex Discrimination Act'' 1984 (Cth),<ref name=SDA>{{Cite Legislation AU|Cth|act|sda1984209|Sex Discrimination Act 1984}}.</ref> provides some of the rights outlined in the Convention on the Elimination of All Forms of Discrimination Against Women.<ref name="humanrights.gov.au" />

However, another way the rights provided in a treaty can be seen in Australian law is where provisions of a treaty are already a part of domestic legislation (for example, the Convention of the Rights of People of Disabilities can be seen as incorporated into domestic law through similar provisions in the ''Disability Discrimination Act'' 1992 (Cth)).<ref name="humanrights.gov.au" /><ref name=DDA>{{Cite Legislation AU|Cth|act|dda1992264|Disability Discrimination Act 1992}}.</ref>

== Australian Human Rights Commission ==
{{Main|Australian Human Rights Commission}}
The Australian Human Rights Commission (AHRC) (previously known as the Human Rights and Equal Opportunity Commission) is a national independent statutory body of the [[Government of Australia|Australian government]]. Established under the ''[[Australian Human Rights Commission Act 1986]]'' (Cth),<ref name="AHRC Act">{{Cite Legislation AU|Cth|act|ahrca1986373|Australian Human Rights Commission Act 1986}}.</ref> it has responsibility for the investigation of alleged infringements under Australia's anti-discrimination legislation.

Matters that can be investigated by the Commission include discrimination on the grounds of [[ageing|age]], [[Race (classification of human beings)|race]], colour or [[ethnic]] origin, [[racial vilification]], [[sex]], [[sexual harassment]], [[sexual orientation]], [[gender identity]], [[Intersex people|intersex status]], marital or relationship status, actual or potential [[pregnancy]], [[breastfeeding]] or [[disability]].<ref name="AHRC Act s46P">{{Cite Legislation AU|Cth|act|ahrca1986373|Australian Human Rights Commission Act 1986|46p}} Lodging a complaint.</ref><ref name="AHRC Act s3">{{Cite Legislation AU|Cth|act|ahrca1986373|Australian Human Rights Commission Act 1986|3}} Interpretation.</ref>

However, the protection of human rights has several significant limitations. For instance, human rights will often trump other public goods as it enjoys a [[prima facie]];<ref>Louis Henkin, ''The Age of Rights'' (Columbia University Press, 1990) 1131</ref> human rights may be violated in some circumstances or reasons like national emergency or security;<ref>Mark Rix,[https://ro.uow.edu.au/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1009&context=gsbpapers ''Australia and the 'War against Terrorism': Terrorism, National Security and Human Rights''] {{Webarchive|url=https://web.archive.org/web/20211204014728/https://ro.uow.edu.au/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1009&context=gsbpapers |date=4 December 2021 }}, (Paper Presented at Proceedings of the Second Workshop on the Social Implications of National Security, University of Wollongong 2007), 2.</ref> human rights are protected in various States (ACT and Victoria) through legislation. However, it cannot be implemented nor enforceable at the Federal level.<ref>Australian Human Rights Commission, ''National Human Rights Consultation'' (2009) 50 Australian Human Rights Commission [https://www.humanrights.gov.au/submission-national-human-rights-consultation-2009#20_6] {{Webarchive|url=https://web.archive.org/web/20170307051553/https://www.humanrights.gov.au/submission-national-human-rights-consultation-2009#20_6|date=7 March 2017}}</ref>

== Civil and political rights ==

=== Freedom of expression ===
{{Main|Australian constitutional law}}{{Further|Censorship in Australia}}
Under the Australian Constitution, there is an [[implied freedom of political communication]] on government and political matters.<ref name="Lange" />

Some restrictions on political expression exist in Australia, including laws on [[defamation]], [[Hate speech laws in Australia|racial vilification]], and contempt of Parliament.

In 2015, Tasmania's Anti Discrimination Commissioner found that the Catholic Church and the Archbishop of Hobart had a "case to answer" under Tasmanian Anti-Discrimination legislation for promoting the Catholic view of marriage. [[Australian Greens]] candidate [[Martine Delaney]] brought the matter to the commission. The ABC reported that case has "raised concerns about freedom of speech ahead of a national debate on same-sex marriage."<ref>Blackwood, Fiona. (13 November 2015) [http://www.abc.net.au/news/2015-11-13/catholic-church-has-discrimination-case-to-answer/6939942 Catholic Church has discrimination case to answer over anti same-sex marriage booklet – ABC News (Australian Broadcasting Corporation)] {{Webarchive|url=https://web.archive.org/web/20151217023830/http://www.abc.net.au/news/2015-11-13/catholic-church-has-discrimination-case-to-answer/6939942 |date=17 December 2015 }}. Abc.net.au. Retrieved on 2016-11-29.</ref>

In 2007, Parliamentarian [[Lee Rhiannon]] of the [[Australian Greens]] referred remarks made by an Australian Catholic Cardinal opposing [[embryonic stem cell]] research to the New South Wales parliamentary privileges committee for allegedly being in "contempt of parliament". The Cardinal was cleared of the charge and described the move as a "clumsy attempt to curb religious freedom and freedom of speech".<ref>{{cite web |url=http://cathnews.acu.edu.au/706/83.php |title=Pell slams "stalinist" parliamentary contempt probe |publisher=Cathnews.acu.edu.au |date=18 June 2007 |access-date=1 February 2011 |archive-date=6 July 2011 |archive-url=https://web.archive.org/web/20110706114001/http://cathnews.acu.edu.au/706/83.php |url-status=live }}</ref><ref>{{cite web|url=http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/73A134BD8CA52844CA2572FB0014E42B |title=Inquiry into comments made by Cardinal George Pell – NSW Parliament |publisher=Parliament.nsw.gov.au |access-date=1 February 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110316143541/http://www.parliament.nsw.gov.au/Prod/parlment/committee.nsf/0/73A134BD8CA52844CA2572FB0014E42B |archive-date=16 March 2011 |df=dmy-all }}</ref>

In 2022, [[Reporters Without Borders]] raised concerns over eroding press freedom in Australia, citing the 'ultra-concentration of media ownership' and 'growing official pressure.'<ref>{{cite web |title=Australia |url=https://rsf.org/en/country/australia |website=rsf.org |publisher=[[Reporters Without Borders]] |access-date=8 May 2022 |language=en }}</ref>

=== Voting rights ===
{{Main|Suffrage in Australia}}
[[File:NSWParliament1.jpg|thumb|The [[New South Wales Parliament]] is [[Australia]]'s oldest parliament. First elections were held in 1843.]]

Australians achieved voting rights decades before most other [[History of Western civilization|Western nations]]. The [[History of Australia|Australian colonies]] granted universal manhood suffrage from the 1850s and in 1895 the women of [[South Australia]] achieved the [[Constitutional Amendment (Adult Suffrage) Act 1894|right to both vote and stand for Parliament]], enabling [[Catherine Helen Spence]] to be the first to stand as a political candidate in 1897.<ref>{{cite web |author=Change name |url=http://www.aec.gov.au/Elections/Australian_Electoral_History/milestone.htm |title=Electoral Milestones for Women – Australian Electoral Commission |publisher=Aec.gov.au |date=28 January 2011 |access-date=3 August 2012 |archive-date=9 June 2007 |archive-url=https://web.archive.org/web/20070609093947/http://www.aec.gov.au/elections/australian_electoral_history/milestone.htm |url-status=live }}</ref> After [[Federation of Australia|federation]] of the colonies in 1901, the ''Franchise Act 1902'' was passed, granting the right to vote to men and women.<ref>{{cite web |author=Change name |url=http://www.aec.gov.au/Elections/Australian_Electoral_History/righttovote.htm |title=The Right to Vote in Australia – Australian Electoral Commission |publisher=Aec.gov.au |date=28 January 2011 |access-date=3 August 2012 |archive-date=19 October 2012 |archive-url=https://web.archive.org/web/20121019102948/http://www.aec.gov.au/Elections/Australian_Electoral_History/righttovote.htm |url-status=live }}</ref> However, the Act also restricted votes for '[[Indigenous Australians|natives]]' unless they were already enrolled. These restrictions were unevenly applied and were relaxed after World War II, with full rights restored by the ''Commonwealth Electoral Act 1962''.<ref name="autogenerated2">{{cite web |author=Change name |url=http://www.aec.gov.au/Voting/indigenous_vote/indigenous.htm |title=Electoral Milestones – Timetable for Indigenous Australians – Australian Electoral Commission |publisher=Aec.gov.au |access-date=3 August 2012 |archive-date=17 February 2011 |archive-url=https://web.archive.org/web/20110217030847/http://aec.gov.au/Voting/indigenous_vote/indigenous.htm |url-status=live }}</ref>

In 1856, an innovative [[secret ballot]] was introduced in Victoria, Tasmania and South Australia, in which the government supplied voting paper containing the names of candidates and voters could select in private. This system was adopted around the world, becoming known as the "[[Australian Ballot]]". The use of [[proportional representation]] via [[Single transferable vote|Single Transferable Vote]] (STV) and [[majoritarian]] [[Instant-runoff voting|Instant Runoff Voting]] (IRV) in many state/territory upper and lower houses as well as the federal [[Australian Senate|Senate]] and [[House of Representatives (Australia)|House of Representatives]] respectively. These [[Democracy|democratic]] features are upheld by rankings in [[V-Dem Democracy indices]], [[Democracy Index|Democracy Index (The Economist)]] and [[Polity IV]] as well as processes, proceedings and conduct being regulated by federal and state [[Election commission|Electoral Commissions]].

In South Australia, Premier [[Don Dunstan]] progressively introduced the Age of Majority (Reduction) Bill in October 1970, the voting age in South Australia was lowered to 18 years old in 1973.

=== Women's rights ===
{{See also|Women in Australia|Gender inequality in Australia|Gender pay gap in Australia}}
As mentioned above Women's suffrage was granted in 1902 and property rights in 1897.<ref>{{Cite web|url=https://timeline.awava.org.au/archives/21|title=Married Women's Property Act|date=1902-01-01|website=Timeline|language=en-US|access-date=2019-02-27|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227182113/https://timeline.awava.org.au/archives/21|url-status=live}}</ref> The first woman elected to any Australian Parliament was [[Edith Cowan]], to the West Australian Legislative Assembly in 1921. Dame [[Enid Lyons]], in the [[Australian House of Representatives]] and Senator [[Dorothy Tangney]] became the first women in the Federal Parliament in 1943. In 1971, [[Australian Senate|Senator]] [[Neville Bonner]] became the first [[Aboriginal Australian]] to sit in the [[Australian Parliament|federal Parliament]]. [[Rosemary Follett]] was elected [[Chief Minister of the Australian Capital Territory]] in 1989, becoming the first woman elected to lead a state or territory. In 2010, [[Julia Gillard]] became the first female [[Prime Minister of Australia]].

[[File:Catherine Helen Spence.jpg|thumb|150px|[[South Australia]]n suffragette [[Catherine Helen Spence]] (1825–1910).]]

By 2010, the people of Australia's oldest city, [[Sydney]], had female leaders occupying every major political office above them, with [[Clover Moore]] as Lord Mayor, [[Kristina Keneally]] as Premier of New South Wales, [[Marie Bashir]] as Governor of New South Wales, [[Julia Gillard]] as Prime Minister, [[Quentin Bryce]] as [[Governor General of Australia]] and [[Elizabeth II]] as [[Queen of Australia]].

Australia has laws banning gender, sex, sexual orientation, marital status, breastfeeding and pregnancy discrimination,<ref>{{Cite web|url=https://www.humanrights.gov.au/our-work/sex-discrimination/publications/know-your-rights-sex-discrimination-and-sexual-harassment|title=Know your rights: Sex discrimination and sexual harassment|date=2012-12-14|website=www.humanrights.gov.au|language=en|access-date=2019-02-27|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227121021/https://www.humanrights.gov.au/our-work/sex-discrimination/publications/know-your-rights-sex-discrimination-and-sexual-harassment|url-status=live}}</ref> providing for equal access to services (such as parental leave, education and child care), advancing [[Reproductive rights in Australia|reproductive rights]] (through universal healthcare and laws surrounding reproductive rights), outlawing of [[sexual harassment]], [[marital rape]], [[female genital mutilation]], [[child marriage]] and legalisation of [[no-fault divorce]].

The first Australian state to deal with marital rape was [[South Australia]], under the progressive initiatives of Premier [[Don Dunstan]], which in 1976 partially removed the exemption. Section 73 of the ''Criminal Law Consolidation Act Amendment Act 1976'' (SA) read: "No person shall, by reason only of the fact that he is married to some other person, be presumed to have consented to sexual intercourse with that other person".<ref>{{Cite web|title=An Act to amend the Criminal Consolidation Act, 1935–1975|url=https://dspace.flinders.edu.au/xmlui/bitstream/handle/2328/20981/1976083.pdf;jsessionid=6E728F2373F9A351A44C265CE6306AD2?sequence=1|url-status=live|access-date=26 November 2021|website=Dspace.flinders.edu.au.|archive-date=26 November 2021|archive-url=https://web.archive.org/web/20211126021341/https://dspace.flinders.edu.au/xmlui/bitstream/handle/2328/20981/1976083.pdf;jsessionid=6E728F2373F9A351A44C265CE6306AD2?sequence=1}}</ref>

The role of [[women in the Australian military]] began to change in the 1970s. In 1975, which was the International Year of Women, the service chiefs established a committee to explore opportunities for increased female participation in the military. This led to reforms which allowed women to deploy on active service in support roles, pregnancy no longer being grounds for automatic termination of employment and changes to leave provisions.

Despite being integrated into the military, there were still restrictions on female service. The ADF was granted an exemption from the ''Sexual Discrimination Act'' when it was introduced in 1984 so that it could maintain gender-based restrictions against women serving in combat or combat-related positions, which limited women to 40 percent of positions in the ADF. As a result of personnel shortages in the late 1980s the restriction against women in combat-related positions was dropped in 1990, and women were for the first time allowed to serve in warships, RAAF combat squadrons and many positions in the Army. Women were banned from positions involving physical combat, however, and were unable to serve in infantry, armoured, artillery and engineering units in the Army and clearance diving and ground defence positions in the RAN and RAAF respectively.

On 27 September 2011, Defence Minister Stephen Smith announced that women will be allowed to serve in frontline combat roles by 2016. Women became able to apply for all positions other than special forces roles in the Army on 1 January 2013; it is planned that this remaining restriction will be removed in 2014 once the physical standards required for service in these units are determined. Women will be directly recruited into all frontline combat positions from late 2016.

=== Capital punishment ===
{{Main|Capital punishment in Australia}}{{Further|Punishment in Australia}}
The last use of the death penalty in Australia was in Victoria in 1967. [[Ronald Ryan|Ronald Joseph Ryan]] was hanged at Pentridge Prison on 3 February 1967 for the murder of a prison guard, George Hodson. However, Australian criminologist, [[Gordon Hawkins (criminologist)|Gordon Hawkins]], director of Sydney University's Institute of Criminology, doubts that Ryan was guilty.

Capital punishment was officially abolished for federal offences by the ''[[Death Penalty Abolition Act 1973]]''. The various states abolished capital punishment at various times, starting with Queensland in 1922 and ending with New South Wales in 1985.

In South Australia,  under the premiership of then-Premier [[Don Dunstan]], the ''Criminal Law Consolidation Act'' ''1935'' (SA) was modified so that the death sentence was changed to life imprisonment in 1976.<ref>Counsel, Office of Parliamentary, ''[https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FCRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935 South Australian Legislation] {{Webarchive|url=https://web.archive.org/web/20211123035051/https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FCRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935 |date=23 November 2021 }}'', Office of Parliamentary Counsel, retrieved 20 September 2021</ref>

=== People with a disability ===
Discrimination against persons with disabilities in various contexts is prohibited under the ''[[Disability Discrimination Act 1992]]'' (Cth) ('''DDA'''). The Act makes it unlawful to treat a disabled person less favorably, or to fail to make reasonable adjustments for the person, in the contexts of employment, education, publicly available premises, provision of goods and services, accommodation, clubs and associations, and other contexts.  Complaints made under the DDA are made to the [[Australian Human Rights Commission]].

The Australian Government requested the [[Productivity Commission]] to evaluate the effectiveness of the DDA, and the Commission published its findings in 2004.{{Citation needed|date=December 2016}} The Commission found that while there is still room for improvement, particularly in reducing discrimination in employment, overall the DDA has been reasonably effective. The Commission found that people with a disability were less likely to finish school, to have a TAFE or university qualification and to be employed. They are more likely to have a below average income, be on a pension, live in public housing and in prison. The average personal income for people with a disability is 44 per cent of the income of other Australians.

The [[National Disability Insurance Scheme]], is a [[Health care in Australia|healthcare program]] initiated by the [[Australian government]]. The bill was introduced into parliament in November 2012.<ref>{{cite news|url=http://www.heraldsun.com.au/news/breaking-news/gillard-introduces-ndis-legislation/story-e6frf7kf-1226526333897|title=PM introduces NDIS bill to parliament|newspaper=Herald Sun|access-date=3 December 2012|archive-date=19 December 2013|archive-url=https://web.archive.org/web/20131219174244/http://www.heraldsun.com.au/news/breaking-news/gillard-introduces-ndis-legislation/story-e6frf7kf-1226526333897|url-status=live}}</ref> In July 2013 the first stage of National Disability Insurance Scheme (which was at the time called DisabilityCare Australia) commenced in South Australia, Tasmania, the [[Hunter Region]] in New South Wales and the Barwon area of Victoria, while the Australian Capital Territory commenced in July 2014.

On 15 September 2020, the ''[[Human Rights Watch]]'' released a report examining the serious risk of self-harm and death for prisoners with mental health conditions. Media reports between 2010 and 2020 found that about 60 per cent of adults, who died in prisons in Western Australia, had disabilities, including mental health conditions. Of the 60 per cent, 58 per cent died due to lack of support, suicide, or after becoming a target of violence, where half of these deaths were of [[Aboriginal Australians|Aboriginal]] and [[Torres Strait Islander]] prisoners.<ref>{{cite journal|url=https://www.hrw.org/report/2020/09/15/hes-never-coming-back/people-disabilities-dying-western-australias-prisons|title=He's Never Coming Back|access-date=15 September 2020|website=Human Rights Watch|date=15 September 2020|archive-date=21 September 2020|archive-url=https://web.archive.org/web/20200921082242/https://www.hrw.org/report/2020/09/15/hes-never-coming-back/people-disabilities-dying-western-australias-prisons|url-status=live}}</ref><ref>{{cite web|url=https://www.hrw.org/news/2020/09/15/australia-deaths-prisoners-disabilities|title=Australia: Deaths of Prisoners with Disabilities|access-date=15 September 2020|website=Human Rights Watch|date=15 September 2020|archive-date=21 September 2020|archive-url=https://web.archive.org/web/20200921201257/https://www.hrw.org/news/2020/09/15/australia-deaths-prisoners-disabilities|url-status=live}}</ref>

===Child detention===

The age for criminal responsibility in Australia is currently 10 years, well below the international standard of 14 years, leading the United Nations to call upon the Australian government to raise its age threshold.<ref name=AJ180923/>

The state of Queensland routinely detains young minors in youth detention centers, and in September 2023, the [[government of Queensland]] suspended its Human Rights Act for the second time in the year in order to detain children as young as 10 due in police holding cells due to a lack of space in its youth detention centers.<ref name=AJ180923>{{cite news |url=https://www.aljazeera.com/news/2023/9/18/australian-state-suspends-human-rights-law-to-lock-up-more-children |title=Australian state suspends human rights law to lock up more children |work=Al Jazeera}}</ref> The issue of child detention in Queensland disproportionately affects indigenous children, who make up nearly 63% of those in detention, despite being only 4.6% of the state's population.<ref name=AJ180923/>

The lack of an upper house in Queensland's parliament has allowed the ruling party to pass laws suspending the state's human rights legislation without adequate scrutiny.<ref name=AJ180923/> The suspension in September coincided with federal campaigning for an Indigenous rights referendum, leading to accusations of hypocrisy.<ref name=AJ180923/>

== Treatment of particular groups and minorities ==

=== Indigenous Australians ===
{{See also|History of Indigenous Australians|Closing the Gap|Indigenous Australians' health}}
The wellbeing of [[Indigenous Australians]] is an ongoing issue in Australia.

There is significant disparity in health between Indigenous and non-Indigenous Australians. In 2010–2012, the estimated life expectancy at birth for [[Aboriginal and Torres Strait Islander]] males was 69.1 years, and for females 73.7 years. This was 10.6 years lower than the life expectancy of non-Indigenous males, and 9.5 years lower than that of non-Indigenous females.<ref>Australian Government – Australian Institute of Health and Welfare, '[http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129548468 Mortality and life expectancy of Indigenous Australians 2008 to 2012] {{Webarchive|url=https://web.archive.org/web/20170325092058/http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129548468 |date=25 March 2017 }}' (2014), p. 6</ref>  A 2006 study by the Australian Institute of Health and Welfare showed that 70% of the Aboriginal population die before the age of 65, compared with 20% of non-Indigenous Australians.{{Citation needed|date=December 2016}}  Additionally, the suicide rate among Aboriginal Australians is almost three times higher (at 4.2%) than the national average (1.5%).{{Citation needed|date=December 2016}}[[File:Aboriginal Tent Embassy in Parkes (3).jpg|right|250px|thumb|The [[Aboriginal Tent Embassy]] set up in [[Canberra]] by activist agitating for the rights of Indigenous Australians.]]

The roots of the present condition can be traced to the historical treatment of Aboriginal people and the dispossession of land that occurred following [[History of Australia (1788–1850)|European colonisation of Australia]], where a combination of disease, loss of land (and thus food resources) and violence decimated the Aboriginal population. Later, from the 1830s, colonial governments established the now controversial offices of the [[Protector of Aborigines]] in an effort to avoid mistreatment of Indigenous peoples and conduct government policy towards them. [[Christianity in Australia|Christian churches in Australia]] sought to convert Aboriginal people, and were often used by government to carry out welfare and [[cultural assimilation|assimilation]] policies.

The [[Caledon Bay crisis]] of 1932–4 saw one of the last incidents of [[Australian frontier wars|frontier violence]], which began when the spearing of Japanese poachers who had been molesting [[Yolngu]] women was followed by the killing of a policeman. As the crisis unfolded, national opinion swung behind the Aboriginal people involved, and the first appeal on behalf of an Indigenous Australian to the [[High Court of Australia]] was launched. Elsewhere around this time, activists like Sir [[Douglas Nicholls]] were commencing their campaigns for Aboriginal rights within the established Australian political system and the age of frontier conflict closed.

In 1962, the [[Menzies government (1949–1966)|Menzies government]]'s ''Commonwealth Electoral Act'' provided that all [[Indigenous Australians]] should have the right to enrol and vote at federal elections (prior to this, Indigenous people in Queensland, Western Australia and some in the Northern Territory had been excluded from voting unless they were ex-servicemen).<ref name="ReferenceB">{{cite web |author=Change name |url=http://aec.gov.au/Voting/indigenous_vote/indigenous.htm |title=Electoral Milestones – Timetable for Indigenous Australians – Australian Electoral Commission |publisher=Aec.gov.au |access-date=3 August 2012 |archive-date=30 June 2011 |archive-url=https://web.archive.org/web/20110630123059/http://www.aec.gov.au/Voting/indigenous_vote/indigenous.htm |url-status=live }}</ref> The successor [[Holt government]] called the [[Australian referendum, 1967 (Aboriginals)|1967 Referendum]] which removed the discriminatory clause in the [[Australian Constitution]] which excluded [[Aboriginal Australians]] from being counted in the census – the referendum was one of the few to be overwhelmingly endorsed by the Australian electorate (over 90% voted "yes").<ref name="primeministers.naa.gov.au">{{cite web |url=http://primeministers.naa.gov.au/primeministers/holt/in-office.aspx |title=In office – Harold Holt – Australia's PMs – Australia's Prime Ministers |publisher=Primeministers.naa.gov.au |access-date=3 August 2012 |archive-date=15 March 2011 |archive-url=https://web.archive.org/web/20110315150125/http://primeministers.naa.gov.au/primeministers/holt/in-office.aspx |url-status=live }}</ref>

From the 1960s, Australian writers began to re-assess European assumptions about Aboriginal Australia – with works including [[Geoffrey Blainey]]'s landmark history ''Triumph of the Nomads'' (1975) and the books of historian [[Henry Reynolds (historian)|Henry Reynolds]].[[File:Pastor Sir Douglas and Lady Gladys Nicholls Memorial.jpg|thumb|right|Statue of Aboriginal rights campaigner Sir [[Doug Nicholls]], Parliament Gardens, [[Fitzroy, Victoria]]]]From the late 1960s a movement for [[Aboriginal land rights in Australia|Aboriginal land rights]] developed, especially in South Australia under the Premiership of [[Don Dunstan]]. This era saw vast reformation in regards to land rights, anti-discrimination and personal rights.

In the mid-1960s, one of the earliest Aboriginal graduates from the [[University of Sydney]], [[Charles N. Perkins|Charles Perkins]], helped organise [[Freedom Ride (Australia)|freedom rides]] into parts of Australia to expose discrimination and inequality. In 1966, the [[Gurindji strike|Gurindji]] people of Wave Hill station (owned by the [[Vestey Group]]) commenced strike action led by [[Vincent Lingiari]] in a quest for equal pay and recognition of land rights.<ref>Geoffrey Bolton (1990) p.193 and 195</ref>

The [[Whitlam government|Whitlam Labor]] and [[Fraser government|Fraser Liberal governments]] instigated the ''[[Aboriginal Land Rights Act 1976]]'', which, while limited to the [[Northern Territory]], affirmed "inalienable" [[native title]] to some traditional lands.<ref>{{cite web |url=http://primeministers.naa.gov.au/primeministers/fraser/in-office.aspx |title=In office – Malcolm Fraser – Australia's PMs – Australia's Prime Ministers |publisher=Primeministers.naa.gov.au |access-date=3 August 2012 |archive-date=15 March 2011 |archive-url=https://web.archive.org/web/20110315143901/http://primeministers.naa.gov.au/primeministers/fraser/in-office.aspx |url-status=live }}</ref> In 1985, the [[Hawke government]] returned ownership of [[Uluru]] (formerly known as Ayers Rock) to the local Pitjantjatjara Aboriginal people.

Indigenous Australians began to take up representation in Australian parliaments during the 1970s. In 1971 [[Neville Bonner]] of the [[Liberal Party of Australia|Liberal Party]] was appointed by the Queensland Parliament to replace a retiring senator, becoming the first Aboriginal in Federal Parliament. Bonner was returned as a Senator at the 1972 election and remained until 1983. [[Hyacinth Tungutalum]] of the [[Country Liberal Party]] in the [[Northern Territory]] and [[Eric Deeral]] of the [[National Party of Australia|National Party]] of Queensland, became the first Indigenous people elected to territory and state legislatures in 1974. In 1976, under the recommendation of Premier [[Don Dunstan]], Sir [[Douglas Nicholls]] was appointed [[Governor of South Australia]], becoming the first Aboriginal to hold vice-regal office in Australia. [[Aden Ridgeway]] of the [[Australian Democrats]] served as a senator during the 1990s, but no Indigenous person was elected to the House of Representatives, until West Australian [[Liberal Party of Australia|Liberal]] [[Ken Wyatt]], in August 2010.<ref name="autogenerated2" />[[File:Noel Pearson 8Feb10.jpg|thumb|Lawyer and rights activist, [[Noel Pearson]] of [[Cape York Peninsula|Cape York]].]]In 1992, the [[High Court of Australia]] handed down its decision in the [[Mabo v Queensland (No 2) (1992)|Mabo Case]], recognising [[Native title in Australia|native title]]. That same year, Prime Minister [[Paul Keating]] said in his [[Redfern Park Speech]] that European settlers were responsible for the difficulties Australian Aboriginal communities continued to face. In 1999 Parliament passed a [[Motion of Reconciliation]] drafted by Prime Minister [[John Howard]] and Aboriginal Senator [[Aden Ridgeway]] naming mistreatment of Indigenous Australians as the most "blemished chapter in our national history".<ref>{{cite web|url=http://www.thinkingfaith.org/articles/20080221_1.htm |title=The History of Apologies Down Under [Thinking Faith – the online journal of the British Jesuits&#93; |publisher=Thinkingfaith.org |access-date=12 October 2009 |url-status=dead |archive-url=https://web.archive.org/web/20141202000730/http://www.thinkingfaith.org/articles/20080221_1.htm |archive-date=2 December 2014 |df=dmy-all }}</ref>

Prior to the calling of a [[2007 Australian general election|2007 federal election]], the then Prime Minister, John Howard, revisited the idea of bringing a referendum to seek recognition of Indigenous Australians in the Constitution (his government first sought to include recognition of Aboriginal peoples in the Preamble to the Constitution in a 1999 referendum). The Labor opposition initially supported the idea; however, [[Kevin Rudd]] withdrew this support just prior to the election.<ref>{{cite news |url=http://www.theaustralian.news.com.au/story/0,25197,22809264-601,00.html |title=Noel Pearson's statement on Kevin Rudd |work=The Australian |publisher=[[The Australian]] |date=23 November 2007 |access-date=12 October 2009 |archive-url=https://web.archive.org/web/20081215151830/http://www.theaustralian.news.com.au/story/0,25197,22809264-601,00.html |archive-date=15 December 2008 |url-status=dead }}</ref>

In 2007, Prime Minister [[John Howard]] and Indigenous Affairs Minister [[Mal Brough]] launched the [[Northern Territory National Emergency Response]]. In response to the [[Little Children are Sacred]] Report into allegations of child abuse among Indigenous communities in the Territory, the government banned alcohol in prescribed communities in the Northern Territory; quarantined a percentage of welfare payments for essential goods purchasing; despatched additional police and medical personnel to the region; and suspended the permit system for access to Indigenous communities.<ref>{{cite news |url=http://www.smh.com.au/news/national/one-policy-two-camps--the-takeover-rift/2007/10/26/1192941339555.html |publisher=SMH.au |work=Sydney Morning Herald |date=27 October 2007 |access-date=27 June 2010 |title=One policy, two camps – the takeover rift |archive-date=28 June 2017 |archive-url=https://web.archive.org/web/20170628013823/http://www.smh.com.au/news/national/one-policy-two-camps--the-takeover-rift/2007/10/26/1192941339555.html |url-status=live }}</ref> The policy was largely maintained under the [[First Rudd government|Rudd]] and [[Gillard government]]s.

Notable contemporary Indigenous rights campaigners have included: federal politicians Ridgeway and Wyatt, lawyer [[Noel Pearson]]; academic [[Marcia Langton]]; and [[Australian of the Year|Australians of the Year]] [[Lowitja O'Donoghue]] (1984), [[Mandawuy Yunupingu]] (1992), [[Cathy Freeman]] (1998) and [[Mick Dodson]] (2009).<ref>{{cite web|url=http://www.australianoftheyear.org.au/recipients/?action=list&type=2&cat=0|title=Australian of the Year Awards – Award Recipients|publisher=Australianoftheyear.org.au|access-date=3 August 2012|archive-date=29 July 2012|archive-url=https://web.archive.org/web/20120729120938/http://www.australianoftheyear.org.au/recipients/?action=list&type=2&cat=0|url-status=dead}}</ref> As of 2016, there were five Indigenous people serving in the [[Federal Parliament of Australia]].<ref>[http://www.smh.com.au/federal-politics/political-news/in-historic-gathering-nations-indigenous-mps-reject-hate-and-vow-to-work-together-20160915-grhjde.html In historic gathering, nation’s Indigenous MPs reject hate and vow to work together] {{Webarchive|url=https://web.archive.org/web/20170809093700/http://www.smh.com.au/federal-politics/political-news/in-historic-gathering-nations-indigenous-mps-reject-hate-and-vow-to-work-together-20160915-grhjde.html |date=9 August 2017 }}; smh.com.au</ref>

In 2016–17, the estimated direct expenditure per person was $44,886 for Aboriginal and Torres Strait Islander Australians, which was around twice the rate for non-Indigenous Australians ($22,356).<ref>[https://www.pc.gov.au/research/ongoing/indigenous-expenditure-report/2017/ier-2017-indigenous-expenditure-report.pdf 2017 Indigenous Expenditure Report] {{Webarchive|url=https://web.archive.org/web/20180120065652/https://www.pc.gov.au/research/ongoing/indigenous-expenditure-report/2017/ier-2017-indigenous-expenditure-report.pdf |date=20 January 2018 }}; Productivity Commission; October 2017</ref>

An annual report called "''[[Closing the gap|Closing the Gap]]''" is presented to the parliament by the office of Prime Minister and Cabinet<ref>{{Cite web|url=https://closingthegap.pmc.gov.au/|title=Closing The Gap {{!}}|website=closingthegap.pmc.gov.au|access-date=2019-02-27|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227182159/https://closingthegap.pmc.gov.au/|url-status=live}}</ref> and it details the gap in multiple facets of life disproportionately affecting Aboriginal and Torres Strait Islander people compared to non-Indigenous including education, life expectancy, infant mortality, employment, housing and criminal justice. Despite a decade of action though, the life expectancy gap continues to widen with only marginal if any improvements in other sectors of Indigenous affairs and according to Oxfam "they are still denied the same access to these services that non-Indigenous people take for granted".<ref>{{Cite web|url=https://www.oxfam.org.au/what-we-do/indigenous-australia/close-the-gap/|title=Close the Gap|date=2011-08-03|website=Oxfam Australia|language=en-US|access-date=2019-02-27|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227182011/https://www.oxfam.org.au/what-we-do/indigenous-australia/close-the-gap/|url-status=live}}</ref>

On 30 October 2019, Ken Wyatt, [[Minister for Indigenous Australians]] in the [[Morrison government]], announced the commencement of a "co-design process" aimed at providing an Indigenous voice to government. The Senior Advisory Group (SAG) is co-chaired by Professor [[Tom Calma]] {{post-nominals|country=AUS|AO}}, Chancellor of the [[University of Canberra]],  and Professor Dr [[Marcia Langton]], Associate Provost at the [[University of Melbourne]], and comprises a total of 20 leaders and experts from across the country.<ref name=wyattmedrel>{{cite web | title=A voice for Indigenous Australians | website=Ministers Media Centre | url=https://ministers.pmc.gov.au/wyatt/2019/voice-indigenous-australians | date=30 October 2019 | access-date=18 July 2020 | archive-date=1 August 2020 | archive-url=https://web.archive.org/web/20200801200624/https://ministers.pmc.gov.au/wyatt/2019/voice-indigenous-australians | url-status=live }}</ref> There was some skepticism about the process from the beginning, with the criticism that it did not honour  the ''[[Uluru Statement from the Heart]]''{{'}}s plea to "walk with us in a movement of the Australian people for a better future".<ref>{{cite web | last=Synot | first=Eddie | title=Ken Wyatt's proposed 'voice to government' marks another failure to hear Indigenous voices | website=The Conversation | date=30 October 2019 | url=http://theconversation.com/ken-wyatts-proposed-voice-to-government-marks-another-failure-to-hear-indigenous-voices-126103 | access-date=2 February 2020 | archive-date=2 February 2020 | archive-url=https://web.archive.org/web/20200202053615/http://theconversation.com/ken-wyatts-proposed-voice-to-government-marks-another-failure-to-hear-indigenous-voices-126103 | url-status=live }}</ref> According to [[Michelle Grattan]], "...it is notable that it is calling it a 'voice to government' rather than a 'voice to parliament' ". Prime Minister [[Scott Morrison]] rejected the  proposal in the ''Uluru Statement'' for a voice to parliament to be put into the [[Australian constitution]]; instead, the voice will be enshrined in legislation. The government also said it would run a referendum during its present term about recognising Indigenous people in the constitution "should a consensus be reached and should it be likely to succeed”.<ref name=grattanconv>{{cite web | last=Grattan | first=Michelle | title=Proposed Indigenous 'voice' will be to government rather than to parliament | website=The Conversation | date=29 October 2019 | url=http://theconversation.com/proposed-indigenous-voice-will-be-to-government-rather-than-to-parliament-126031 | access-date=18 July 2020 | archive-date=18 July 2020 | archive-url=https://web.archive.org/web/20200718064611/https://theconversation.com/proposed-indigenous-voice-will-be-to-government-rather-than-to-parliament-126031 | url-status=live }}</ref>

{| class="wikitable"
|+
!Jurisdiction
![[Aboriginal title|Land rights]]
!''[[De jure]]'' [[Equal opportunity|equal treatment]]
!''[[De facto]]'' [[equal treatment]]
![[Right to self-determination|Right to self determination]]<ref>{{Cite web|url=https://www.humanrights.gov.au/our-work/rights-and-freedoms/right-self-determination|title=Right to self determination {{!}} Australian Human Rights Commission|website=www.humanrights.gov.au|access-date=2019-06-13|archive-date=17 May 2019|archive-url=https://web.archive.org/web/20190517000632/https://www.humanrights.gov.au/our-work/rights-and-freedoms/right-self-determination|url-status=live}}</ref>
![[Reparations (transitional justice)|Reparations]]
![[Treaty rights|Treaty]]
|-
|{{flag|Australia}}
|[[File:Yes check.svg|15px|Yes]]<ref>{{Cite web|url=https://aiatsis.gov.au/explore/articles/land-rights|title=Land rights|date=2015-06-03|website=Australian Institute of Aboriginal and Torres Strait Islander Studies|language=en|access-date=2019-06-13|archive-date=20 June 2019|archive-url=https://web.archive.org/web/20190620085543/https://aiatsis.gov.au/explore/articles/land-rights|url-status=live}}</ref>
|[[File:Yes check.svg|15px|Yes]]<ref name=":3">{{Cite web|url=https://law.unimelb.edu.au/about/reconciliation/events/upcoming-events/uluru|title=Uluru Statement from the Heart at Melbourne Law School|last=Keaney|first=Bess|date=2018-05-03|website=Melbourne Law School|language=en|access-date=2019-06-13|archive-date=20 May 2020|archive-url=https://web.archive.org/web/20200520045217/https://law.unimelb.edu.au/about/reconciliation/events/upcoming-events/uluru|url-status=live}}</ref><ref>{{Cite web|url=https://www.humanrightscommission.vic.gov.au/human-rights/indigenous-rights|title=The rights of Aboriginal people are protected by law|website=www.humanrightscommission.vic.gov.au|language=en-gb|access-date=2019-06-13|archive-date=3 June 2019|archive-url=https://web.archive.org/web/20190603165537/https://www.humanrightscommission.vic.gov.au/human-rights/indigenous-rights|url-status=live}}</ref><ref name=":5">{{Cite web|url=https://australianstogether.org.au/discover/australian-history/civil-rights-movement/|title=Australians Together {{!}} The Indigenous civil rights movement in Australia|website=australianstogether.org.au|access-date=2019-06-13|archive-date=25 March 2019|archive-url=https://web.archive.org/web/20190325033121/https://australianstogether.org.au/discover/australian-history/civil-rights-movement/|url-status=live}}</ref>
|[[File:X mark.svg|17x17px|No]]<ref name=":3" /><ref>{{Cite web|url=https://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4517.0~2018~Main%20Features~Aboriginal%20and%20Torres%20Strait%20Islander%20prisoner%20characteristics%20~13|title=Main Features – Aboriginal and Torres Strait Islander prisoner characteristics|last=Statistics|first=c=AU; o=Commonwealth of Australia; ou=Australian Bureau of|date=2018-12-06|website=www.abs.gov.au|language=en|access-date=2019-06-13|archive-date=15 July 2019|archive-url=https://web.archive.org/web/20190715221826/https://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/4517.0~2018~Main%20Features~Aboriginal%20and%20Torres%20Strait%20Islander%20prisoner%20characteristics%20~13|url-status=live}}</ref><ref>{{Cite web|url=https://www.abc.net.au/news/2018-03-28/overhaul-needed-to-address-indigenous-incarceration/9596374|title=Justice system overhaul needed to address Indigenous incarcerations, inquiry finds|last1=Brennan|first1=Bridget|last2=Higgins|first2=Isabella|date=2018-03-28|website=ABC News|language=en-AU|access-date=2019-06-13|archive-date=15 July 2019|archive-url=https://web.archive.org/web/20190715120210/https://www.abc.net.au/news/2018-03-28/overhaul-needed-to-address-indigenous-incarceration/9596374|url-status=live}}</ref>
|[[File:X mark.svg|17x17px|No]]<ref>{{Cite web|url=https://www.abc.net.au/news/2018-11-29/indigenous-voice-to-parliament-should-be-reconsidered-committee/10563378|title=Indigenous voice to parliament should be reconsidered, bipartisan committee finds|last=Higgins|first=Isabella|date=2018-11-29|website=ABC News|language=en-AU|access-date=2019-06-13|archive-date=29 May 2019|archive-url=https://web.archive.org/web/20190529233302/https://www.abc.net.au/news/2018-11-29/indigenous-voice-to-parliament-should-be-reconsidered-committee/10563378|url-status=live}}</ref><ref name=":5" />
|[[File:X mark.svg|17x17px|No]]<ref>{{Cite web|url=https://www.humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice/reparations-stolen-generations|title=Reparations for the stolen generations – Government responds – Philip Ruddock {{!}} Australian Human Rights Commission|website=www.humanrights.gov.au|access-date=2019-06-13|archive-date=4 December 2021|archive-url=https://web.archive.org/web/20211204014801/https://humanrights.gov.au/our-work/aboriginal-and-torres-strait-islander-social-justice/reparations-stolen-generations|url-status=live}}</ref>
|[[File:X mark.svg|17x17px|No]]<ref>{{Cite web|url=https://australianstogether.org.au/discover/the-wound/the-lack-of-treaty/|title=Australians Together {{!}} The lack of treaty|website=australianstogether.org.au|access-date=2019-06-13|archive-date=2 March 2019|archive-url=https://web.archive.org/web/20190302042625/https://australianstogether.org.au/discover/the-wound/the-lack-of-treaty/|url-status=live}}</ref>([[Indigenous treaties in Australia|currently underway in a number of states]])
|}

=== Immigrants and asylum seekers ===
{{See also|Asylum in Australia|Immigration to Australia|Immigration detention in Australia}}{{Expand section|History of Immigration, Medevac and NSW Anti-Slavery Bill|date=December 2019}}
Australia is an immigrant nation with a large and longstanding multi-ethnic migration program.

Historically, from the 1890s to the 1950s the country adhered to the [[White Australia policy|White Australia Policy]], which effectively barred or impeded people of non-European descent from [[Immigration to Australia|immigrating to Australia]]. The policy was dismantled by successive governments after [[World War II]], and from the 1970s successive governments officially supported [[multiculturalism]].<ref>{{cite web |url=http://primeministers.naa.gov.au/primeministers/fraser/ |title=Malcolm Fraser – Australia's PMs – Australia's Prime Ministers |publisher=Primeministers.naa.gov.au |date=11 November 1975 |access-date=12 December 2012 |archive-date=24 March 2010 |archive-url=https://web.archive.org/web/20100324050712/http://primeministers.naa.gov.au/primeministers/fraser/ |url-status=live }}</ref> [[File:Woomera-irpc.jpg|250px|right|thumb|The entrance of the former Woomera IRPC.]]Australia is a signatory to the [[Convention Relating to the Status of Refugees|Refugee Convention]] and a component of the Australian immigration program is devoted to providing protection for [[refugee]]s. The majority of refugees received by Australia are identified and referred by the [[UNHCR]]. The Special Humanitarian Program further offers refuge to people subject to "substantial discrimination amounting to gross violation of human rights in their home country" and who are supported by a proposer within Australia. In 2009–10 a total of 13,770 visas were granted under these categories. The annual figure remained roughly stable for the years between 2004–2010 and accepted applicants from such nations as Myanmar, Iraq, Bhutan, Afghanistan and six African countries.<ref name="immi.gov.au">{{cite web|url=http://www.immi.gov.au/media/fact-sheets/60refugee.htm|title=Australian Immigration Fact Sheet 60 – Australia's Refugee and Humanitarian Program|date=29 October 2008|publisher=Immi.gov.au|access-date=12 December 2012|archive-url=https://web.archive.org/web/20130708084208/http://www.immi.gov.au/media/fact-sheets/60refugee.htm|archive-date=8 July 2013|url-status=dead}}</ref>

To varying degrees of success, recent Australian governments have sought to discourage unauthorised arrivals by people seeking refugee status in Australia by maintaining a system of [[Immigration detention in Australia|mandatory detention]] for processing of people who arrive without a visa.  In 1992, Australia adopted a policy of under which the Australian government could [[detainee|detain]] any person in the country without a valid [[visa (document)|visa]]. In 1994 the detention of 'unlawful non-citizens' was made mandatory.<ref>{{cite web|url=http://www.aph.gov.au/library/INTGUIDE/SP/asylum_seekers.htm|archive-url=https://web.archive.org/web/20050718203527/http://www.aph.gov.au/library/INTGUIDE/SP/asylum_seekers.htm|url-status=dead|archive-date=18 July 2005|title=The detention and removal of asylum seekers|date=18 July 2005}}</ref> During the late 1990s and early 2000s, these unauthorised arrivals, popularly referred to as "[[boat people]]", were transferred to one of the [[Australian immigration detention facilities]] on the Australian mainland, or to [[Manus Island]] or [[Nauru]] as part of the [[Pacific Solution]]. These offshore processing and mandatory detention policies have attracted criticism. In 2014, the [[Australian Human Rights Commission]] published a report, which found that many basic rights outlined in the [[Convention on the Rights of the Child]] were denied to children living in immigration detention.<ref>{{Cite web|url=http://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/forgotten-children-national-inquiry-children|title=The Forgotten Children: National Inquiry into Children in Immigration Detention (2014)|last=ahrc.admin|date=2014-11-24|website=www.humanrights.gov.au|access-date=2016-12-08|archive-date=11 December 2016|archive-url=https://web.archive.org/web/20161211153335/http://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/forgotten-children-national-inquiry-children|url-status=live}}</ref>

Australia's immigration regime has attracted the ire of the [[United Nations Human Rights Council]] for "massive abuse [...] of irregular migrants", by suspending [[habeas corpus]], separating families, [[Al-Kateb v Godwin|indefinite detention of irregular migrants]] and inadequate reception/medical centres.<ref>{{Cite news|url=https://www.theguardian.com/australia-news/2018/mar/02/scathing-un-migration-report-not-ideal-start-to-australias-human-rights-council-tenure|title=Scathing UN migration report mars Australia's first week on human rights council|last=Doherty|first=Ben|date=2018-03-01|work=The Guardian|access-date=2019-02-27|language=en-GB|issn=0261-3077|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227182141/https://www.theguardian.com/australia-news/2018/mar/02/scathing-un-migration-report-not-ideal-start-to-australias-human-rights-council-tenure|url-status=live}}</ref><ref>{{Cite news|url=https://www.theguardian.com/australia-news/2018/oct/16/un-body-says-australia-breached-human-rights-laws-and-needs-to-review-migration-act|title=UN body says Australia breached human rights laws and needs to review Migration Act|last=Davidson|first=Helen|date=2018-10-16|work=The Guardian|access-date=2019-02-27|language=en-GB|issn=0261-3077|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227182119/https://www.theguardian.com/australia-news/2018/oct/16/un-body-says-australia-breached-human-rights-laws-and-needs-to-review-migration-act|url-status=live}}</ref><ref>{{Cite news|url=https://www.theguardian.com/australia-news/2019/feb/13/stateless-mans-court-challenge-to-indefinite-detention-goes-ahead|title=High court rejects attempt to challenge Australia's indefinite detention regime|last=Davidson|first=Helen|date=2019-02-13|work=The Guardian|access-date=2019-06-13|language=en-GB|issn=0261-3077|archive-date=26 June 2019|archive-url=https://web.archive.org/web/20190626002657/https://www.theguardian.com/australia-news/2019/feb/13/stateless-mans-court-challenge-to-indefinite-detention-goes-ahead|url-status=live}}</ref> and whilst Australia "remains in active discussions"<ref>{{Cite web|url=https://rda.gov.au/news/2018/20180503-humanitarian-program.aspx|title=Australia's 2018–19 Humanitarian Program|last=Development|first=Minister for Infrastructure and Regional|website=rda.gov.au|language=en-US|access-date=2019-02-27|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227114542/https://rda.gov.au/news/2018/20180503-humanitarian-program.aspx|url-status=live}}</ref> with the Refugees and Safe, Orderly & Regular Migration components of the [[Global Compact for Migration|Global Compacts on Migration]], Prime Minister [[Morrison government|Morrison]] stated that the compact will "fundamentally weaken Australia's strong border protection" and will not sign it.<ref>{{Cite news|url=https://www.theguardian.com/australia-news/2018/nov/21/australia-refuses-to-sign-un-migration-pact-citing-risks-to-turnbacks-and-detention|title=Australia refuses to sign UN migration pact, citing risks to turnbacks and detention|last=Karp|first=Paul|date=2018-11-21|work=The Guardian|access-date=2019-02-27|language=en-GB|issn=0261-3077|archive-date=7 May 2019|archive-url=https://web.archive.org/web/20190507154354/https://www.theguardian.com/australia-news/2018/nov/21/australia-refuses-to-sign-un-migration-pact-citing-risks-to-turnbacks-and-detention|url-status=live}}</ref>[[Medical evacuation]] (Medevac) laws have since been passed by parliament.<ref>{{Cite news|url=https://www.theguardian.com/australia-news/2019/mar/02/the-medevac-bill-is-law-what-does-that-mean-for-ailing-offshore-refugees|title=The medevac bill is law: what does that mean for ailing offshore refugees?|last=Davidson|first=Helen|date=2019-03-02|work=The Guardian|access-date=2019-06-13|language=en-GB|issn=0261-3077|archive-date=16 June 2019|archive-url=https://web.archive.org/web/20190616110203/https://www.theguardian.com/australia-news/2019/mar/02/the-medevac-bill-is-law-what-does-that-mean-for-ailing-offshore-refugees|url-status=live}}</ref> However, Medevac laws have become a point of contention as the local Medevac centre in [[Kangaroo Point, Queensland|Kangaroo Point]], [[Brisbane]] has sparked mass protests after becoming a [[Immigration detention in Australia|detention centre]] that has detained refugees in Brisbane for more than seven years.<ref>{{Cite news|url=https://www.9news.com.au/national/kangaroo-point-refugee-protests-cause-traffic-chaos-outside-the-gabba/0c1dc266-57b6-4c68-8cdb-6d3a5c1d49ab|title=Protesters cause traffic chaos outside Gabba cricket Test match decider|last=Staff|first=9News|date=2021-01-15|access-date=15 January 2021|archive-date=15 January 2021|archive-url=https://web.archive.org/web/20210115104906/https://www.9news.com.au/national/kangaroo-point-refugee-protests-cause-traffic-chaos-outside-the-gabba/0c1dc266-57b6-4c68-8cdb-6d3a5c1d49ab|url-status=live}}</ref><ref>{{Cite news|url=https://www.abc.net.au/news/2020-07-17/human-rights-concerns-kangaroo-point-detainees-refugee-status/12466252|title=Many Kangaroo Point detainees remain in limbo as advocates mark seven years of offshore detention|last=Seselja|first=Edwina|date=2020-07-17|access-date=15 January 2021|archive-date=21 January 2021|archive-url=https://web.archive.org/web/20210121063626/https://www.abc.net.au/news/2020-07-17/human-rights-concerns-kangaroo-point-detainees-refugee-status/12466252|url-status=live}}</ref>

[[Human Rights Watch]]’s annual human rights report outlined issues in Australia spanning refugee policy, the treatment of Indigenous people and climate change action. The federal government's failure to address the cruel treatment of asylum seekers despite international pressure tarnishes the country's global standing.<ref>{{cite web|url=https://www.sbs.com.au/news/treatment-of-refugees-and-indigenous-people-mars-australia-s-human-rights-record-says-report/3285a84c-345b-4f89-afed-0d9435aff761|title=Treatment of refugees and Indigenous people mars Australia's human rights record, says report |accessdate=13 January 2022|website=SBS}}</ref>

=== LGBTI people ===
{{Main|LGBT rights in Australia|Transgender rights in Australia|Australian Marriage Law Postal Survey}}

==== Historical persecution ====
Prior to European contact, there were no known legal or social punishments for engaging in homosexual activity. Sex seems to have been a very open topic among the [[Indigenous Australians|Indigenous people]]. Among the [[Arrernte people]], sex plays were particularly ubiquitous, even among young children who would play "mothers and fathers" in a very literal sense. They would typically mimic the sex acts they saw their parents and other adults perform. These acts seem to have been performed regardless of sex. Traditions of "boy-wives" also existed where young boys, typically 14 years of age, would serve as intimate servants of older men until they reached the age of initiation, at which point the young man would have his penis [[Penile subincision|subincised]]. The Indigenous people did not have the typical Western view of heterosexuality and homosexuality.<ref>{{Cite web |url=http://bobhay.org/_downloads/_homo/NHH%2007%20Boy%20Wives%20of%20the%20Aranda%20-%20The%20Pre-History%20of%20Homosexuality%20I.pdf |title=NHH07.!Boy!Wives!of!the!Aranda |access-date=8 March 2019 |archive-date=17 May 2017 |archive-url=https://web.archive.org/web/20170517065344/http://bobhay.org/_downloads/_homo/NHH%2007%20Boy%20Wives%20of%20the%20Aranda%20-%20The%20Pre-History%20of%20Homosexuality%20I.pdf |url-status=usurped }}</ref>

As part of the [[British Empire]], Australian colonies inherited anti-homosexuality laws such as the ''[[Buggery Act 1533]]''. These provisions were maintained in criminal [[sodomy law]]s passed by 19th century colonial parliaments, and subsequently by state parliaments after [[Federation of Australia|Federation]].<ref name="carbery">{{cite web |last=Carbery |first=Graham |date=2010 |url=http://www.alga.org.au/files/towardsequality2ed.pdf |title=Towards Homosexual Equality in Australian Criminal Law: A Brief History |edition=2nd |website=Australian Lesbian and Gay Archives |access-date=8 March 2019 |archive-date=5 March 2019 |archive-url=https://web.archive.org/web/20190305143829/https://www.alga.org.au/files/towardsequality2ed.pdf |url-status=live }}</ref> Same-sex sexual activity between men was considered a [[capital crime]], resulting in the execution of people convicted of [[sodomy]] until 1890.

Different jurisdictions gradually began to reduce the [[death penalty]] for sodomy to [[life imprisonment]], with Victoria the last state to reduce the penalty in 1949.<ref name="carbery" /> Community debate about decriminalising homosexual activity began in the 1960s, with the first lobby groups [[Daughters of Bilitis (Australia)|Daughters of Bilitis]], Homosexual Law Reform Society and the Campaign Against Moral Persecution formed in 1969 and 1970.<ref>{{cite news|url=http://insidestory.org.au/gay-rights-and-gay-wrongs/|title=Gay rights and gay wrongs|last1=Willett|first1=Graham|date=15 July 2014|work=Inside Story|access-date=31 December 2017|archive-date=14 October 2018|archive-url=https://web.archive.org/web/20181014010118/https://insidestory.org.au/gay-rights-and-gay-wrongs/|url-status=live}}</ref>

==== Decriminalisation ====
In October 1973, former Prime Minister [[John Gorton]] put forward a motion in the federal [[Australian House of Representatives|House of Representatives]] that "in the opinion of this House homosexual acts between consenting adults in private should not be subject to the criminal law". All three major parties were given a [[conscience vote]], and the motion was passed by 64 votes to 40:<ref>{{cite news|url=https://trove.nla.gov.au/newspaper/article/110752866|title=Dubbing homosexuals as criminals 'unjust'|date=19 October 1973|newspaper=[[The Canberra Times]]|access-date=8 March 2019|archive-date=27 March 2019|archive-url=https://web.archive.org/web/20190327085715/https://trove.nla.gov.au/newspaper/article/110752866|url-status=live}}</ref>

However, Gorton's motion had no legal effect as the legality of homosexuality was a matter for state and territory governments. Over a 22-year span between 1975 and 1997, the states and territories gradually repealed their sodomy laws as support for gay law reform grew.<ref name="22years">{{cite news|url=http://www.abc.net.au/news/2015-08-24/timeline:-australian-states-decriminalise-male-homosexuality/6719702|title=Timeline: Australian states decriminalise male homosexuality|date=24 August 2015|work=ABC News|access-date=4 November 2016|publisher=Australian Broadcasting Corporation|language=en-AU|archive-date=25 May 2019|archive-url=https://web.archive.org/web/20190525020431/https://www.abc.net.au/news/2015-08-24/timeline:-australian-states-decriminalise-male-homosexuality/6719702|url-status=live}}</ref>
[[File:Tribune negatives including Malcolm Fraser and gay solidarity march, Sydney, New South Wales, November 1978 (25678366327).jpg|right|thumb|November 1978: Gay Solidarity Group supporters march in the [[Sydney central business district|Sydney CBD]] to protest the [[Briggs Initiative]], which would have effectively banned gay and lesbian teachers in the U.S. state of [[California]].]]
Nonetheless, under the premiership of Premier [[Don Dunstan]], [[LGBT rights in South Australia]] expanded, and [[South Australia]] became the first jurisdiction to decriminalise male homosexual activity on 17 September 1975, with the [[Australian Capital Territory]]'s decriminalisation, first proposed in 1973, approved by the [[Malcolm Fraser|Fraser]] Federal Government with effect from 4 November 1976.<ref name="carbery" /> [[Victoria (Australia)|Victoria]] followed on 23 December 1980, although a "soliciting for immoral purposes" provision added by conservatives saw police harassment continue in that state for some years.<ref name="22years" />

Other jurisdictions to decriminalise male homosexuality were the [[Northern Territory]] (effective 4 October 1983), [[New South Wales]] (22 May 1984) and (after four failed attempts) [[Western Australia]] (7 December 1989).<ref name="carbery" /> In exchange for decriminalisation, Western Australian conservatives required a higher age of consent and an anti-proselytising provision similar to the United Kingdom's [[section 28]], both since repealed.<ref name="carbery" />

[[Queensland]] legalised male same-sex activity with effect from 19 January 1991 after the long-standing Nationals government had lost power.<ref name="carbery" /><ref name="qlrc-74">{{cite web|url=http://www.qlrc.qld.gov.au/__data/assets/pdf_file/0007/484657/qlrc-report-no-74.pdf|title=Report No 74: Expunging criminal convictions for historical gay sex offences|date=31 August 2016|work=Queensland Law Reform Commission|archive-url=https://web.archive.org/web/20161204093259/http://www.qlrc.qld.gov.au/__data/assets/pdf_file/0007/484657/qlrc-report-no-74.pdf|archive-date=4 December 2016}}</ref>

The Tasmanian [[Government of Tasmania|Government]] refused to repeal its sodomy law, which led to the case of ''[[Toonen v Australia]]'', in which the [[United Nations Human Rights Committee]] ruled that sodomy laws violated the [[International Covenant on Civil and Political Rights]]. Tasmania's continued refusal to repeal the offending law led the [[Keating government]] to pass the ''[[Human Rights (Sexual Conduct) Act 1994]]'',<ref name="act1994">{{Cite Legislation AU|Cth|act|hrca1994297|Human Rights (Sexual Conduct) Act 1994|4}}</ref> which legalised sexual activity between consenting adults throughout Australia and prohibited laws that arbitrarily interfered with the sexual conduct of adults in private.

In the 1997 case of ''Croome v Tasmania'',<ref>{{cite AustLII|HCA|5|1997|litigants=Croome v Tasmania|parallelcite=(1997) 191 [[Commonwealth Law Reports|CLR]] 119|date=26 February 1997|courtname=auto}}.</ref> [[Rodney Croome]] applied to the [[High Court of Australia]] to strike down the Tasmanian anti-gay law as inconsistent with federal law; after having failed to have the matter thrown out, the Tasmanian Government decriminalised homosexuality on 1 May 1997, becoming the final Australian jurisdiction to do so.<ref>{{cite journal|author=Bernardi, Gus|title=From conflict to convergence: the evolution of Tasmanian anti-discrimination law|url=http://www.austlii.edu.au/au/journals/AJHR/2001/6.html|journal=|access-date=8 March 2019|archive-date=11 October 2017|archive-url=https://web.archive.org/web/20171011181326/http://www.austlii.edu.au/au/journals/AJHR/2001/6.html|url-status=live}} (2001) 7(1) Australian Journal of Human Rights 134 "Once standing was given the Tasmanian PLP Government did not wait for a High Court challenge and passed the Criminal Code Amendment Act 1997 which repealed the anti-gay provisions within the Tasmanian Criminal Code".</ref>

In late 2010, the [[Gillard government|Gillard Labor government]] announced that it was undertaking a review of federal anti-discrimination laws, with the aim of introducing a single equality act that would include sexual orientation and gender identity.<ref>[http://www.theaustralian.com.au/national-affairs/red-book-plan-a-step-towards-gay-marriage/story-fn59niix-1225971141937 Red Book plan a step towards gay marriage] {{Webarchive|url=https://web.archive.org/web/20131230175822/http://www.theaustralian.com.au/national-affairs/red-book-plan-a-step-towards-gay-marriage/story-fn59niix-1225971141937 |date=30 December 2013 }}, ''[[The Australian]]'', 15 December 2010</ref> In 2011, the government introduced new guidelines which would enable sex- and gender-diverse people to record their preferred gender in their passports.<ref name=dreyfus>{{cite web | title=Bills: Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013: Second Reading | website=Parliament of Australia | date=21 March 2013 | url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:%22chamber/hansardr/7d2bdc3b-35ed-4264-bd05-2f4e82a3829f/0021%22 | access-date=3 August 2020 | archive-date=3 March 2021 | archive-url=https://web.archive.org/web/20210303073249/https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:%22chamber/hansardr/7d2bdc3b-35ed-4264-bd05-2f4e82a3829f/0021%22 | url-status=live }}</ref>

In March 2013, [[Mark Dreyfus]] introduced the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill,<ref name=dreyfus /> and on 25 June 2013, the [[Australian Federal Parliament]] passed it with overwhelming support in both houses. The ''[[Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013]]''<ref>{{cite web | title=Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 | website=Federal Register of Legislation | date=10 July 2013 | url=https://www.legislation.gov.au/Details/C2013A00098 | access-date=3 August 2020 | archive-date=6 October 2014 | archive-url=https://web.archive.org/web/20141006122244/http://www.comlaw.gov.au/Details/C2013A00098 | url-status=live }}</ref> became law from [[Royal Assent]] three days later by the [[Governor-General]]. It became effective from 1 August 2013, making discrimination against [[lesbian]], [[homosexual|gay]], [[bisexual]], [[transgender]] and for the first time in the world, [[intersex]] people, illegal at a national level. Aged care providers who are owned by religious groups would no longer be able to exclude people from aged care services based on their [[LGBTI]] or same-sex relationship status. However, religion-based private schools and hospitals are exempt from gender identity and sexual orientation provisions.<ref name=parlinfo>{{cite web | title=Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 | website=Parliament of Australia | date=21 February 2013 | url=https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:%22legislation/ems/r5026_ems_1fcd9245-33ff-4b3a-81b9-7fdc7eb91b9b%22 | access-date=3 August 2020 | archive-date=13 May 2018 | archive-url=https://web.archive.org/web/20180513161501/http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5026_ems_1fcd9245-33ff-4b3a-81b9-7fdc7eb91b9b%22 | url-status=live }}</ref><ref>[http://www.gaystarnews.com/article/australia-outlaws-lgbt-discrimination-under-national-laws-first-time250613 Australia outlaws LGBT discrimination under national laws for first time] {{Webarchive|url=https://web.archive.org/web/20131005012926/http://www.gaystarnews.com/article/australia-outlaws-lgbt-discrimination-under-national-laws-first-time250613 |date=5 October 2013 }}, 25 June 2013</ref> No religious exemptions exist on the basis of intersex status.<ref name=parlinfo />

The content of laws relating to the equality of [[LGBT]] people is summarised in the following table:
{|class=wikitable
|-
! Jurisdiction
! Same-sex marriage
! De facto relationships status
! Registered relationships status
! Equal age of consent
! Anti-discrimination legislation
! Adoption and foster parenting
! Recognition of parents on birth certificate
! Access to fertility (i.e. IVF and/or Surrogacy)
! Right to change legal gender without [[sex reassignment surgery]]
|-
| {{flag|Australia}}
| [[File:Yes check.svg|15px|Yes]] (since 2017)
| [[File:Yes check.svg|15px|Yes]] (family law)
| [[File:Yes check.svg|15px|Yes]] ([[LGBT rights in Australia#State/Territory jurisdiction|Covered by state/territory law]]; available non-marriage relationship registration schemes vary)
| [[File:Yes check.svg|15px|Yes]] (covered by state/territory law)
| [[File:Yes check.svg|15px|Yes]] (''Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013''<ref>{{cite web|url=http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5026|title=Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013|access-date=26 July 2015|archive-date=3 July 2015|archive-url=https://web.archive.org/web/20150703155702/http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5026|url-status=live}}</ref>)
| [[File:Yes check.svg|15px|Yes]] (family law)
| [[File:Yes check.svg|15px|Yes]] (family law)
| [[File:Yes check.svg|15px|Yes]] / [[File:X mark.svg|15px|No]] (family law) WA bans surrogacy for same-sex couples.<ref>{{Cite web|url=http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=E4D55345DB8C1B9A482582F100325362|title=Progress of Bills|website=www.parliament.wa.gov.au|access-date=2019-05-09|archive-date=31 March 2019|archive-url=https://web.archive.org/web/20190331141014/http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=E4D55345DB8C1B9A482582F100325362|url-status=live}}</ref>
|[[File:Yes check.svg|15x15px|Yes]] (2013 under the ''Australian Government Guidelines on the Recognition of Sex and Gender''; otherwise [[LGBT rights in Australia#State/Territory jurisdiction|covered by state/territory law]])
|}<div style="width:auto; overflow:scroll">
{|class=wikitable
! Jurisdiction
! Expungement scheme implemented
! Gay panic defence abolished
! Conversion therapy banned
! Hate crime laws include sexual orientation
! Anti-vilification law
! Right to change legal gender without [[sex reassignment surgery]]
|-
|{{flagicon|Australian Capital Territory}}  [[LGBT rights in the Australian Capital Territory|ACT]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px|Yes]] (2015)<ref>{{cite news|url=http://www.canberratimes.com.au/act-news/homosexual-acts-can-soon-be-scrapped-from-criminal-records-in-the-act-20151029-gkmbbj.html|title=Homosexual acts can soon be scrapped from criminal records in the ACT|last1=Sibthorpe|first1=Clare|date=29 October 2015|work=Canberra Times|access-date=23 October 2016|archive-date=14 June 2017|archive-url=https://web.archive.org/web/20170614192527/http://www.canberratimes.com.au/act-news/homosexual-acts-can-soon-be-scrapped-from-criminal-records-in-the-act-20151029-gkmbbj.html|url-status=live}}</ref>
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2004)<ref name="sbstimeline2">{{cite news|url=http://www.sbs.com.au/topics/sexuality/agenda/article/2016/08/12/definitive-timeline-lgbt-rights-australia|title=A definitive timeline of LGBT+ rights in Australia|last1=Winsor|first1=Ben|date=20 September 2016|work=SBS Online|access-date=25 September 2016|agency=Special Broadcasting Service|archive-date=14 April 2019|archive-url=https://web.archive.org/web/20190414094133/https://www.sbs.com.au/topics/sexuality/agenda/article/2016/08/12/definitive-timeline-lgbt-rights-australia|url-status=live}}</ref>
|<!--Conversion therapy banned-->[[File:Yes check.svg|15px|Yes]] (Since 2020)<ref>{{Cite web |url=https://www.legislation.act.gov.au/a/2020-49/ |title=Sexuality and Gender Identity Conversion Practices Act 2020 {{!}} Acts<!-- Bot generated title --> |access-date=12 September 2020 |archive-date=16 September 2020 |archive-url=https://web.archive.org/web/20200916202547/https://www.legislation.act.gov.au/a/2020-49/ |url-status=live }}</ref><ref>{{cite web |url=https://www.abc.net.au/news/2020-08-27/act-bans-gay-conversion-therapy-with-sexuality-gender-bill/12600956 |title=Archived copy |website=www.abc.net.au |archive-url=https://web.archive.org/web/20200827085214/https://www.abc.net.au/news/2020-08-27/act-bans-gay-conversion-therapy-with-sexuality-gender-bill/12600956 |archive-date=27 August 2020  |url-status=}}</ref><ref name="act therapy">{{Cite web |url=http://www.starobserver.com.au/news/national-news/australian-capital-territory/act-ban-gay-conversion-therapy/168925 |title=ACT HEALTH MINISTER COMMITS TO BANNING GAY CONVERSION THERAPY |access-date=30 May 2018 |archive-date=4 April 2019 |archive-url=https://web.archive.org/web/20190404143054/http://www.starobserver.com.au/news/national-news/australian-capital-territory/act-ban-gay-conversion-therapy/168925 |url-status=live }}</ref>
|<!--Hate crime laws include sexual orientation-->[[File:Yes check.svg|15x15px|Yes]]
|<!--LGBT anti-vilification law-->[[File:Yes check.svg|15x15px|Yes]]<ref name="vilification2">{{cite web|url=https://alastairlawrie.net/category/lgbti-anti-discrimination/lgbti-anti-vilification/|title=LGBTI anti-vilification|website=alastairlawrie.net|access-date=27 February 2019|archive-date=4 April 2019|archive-url=https://web.archive.org/web/20190404154958/https://alastairlawrie.net/category/lgbti-anti-discrimination/lgbti-anti-vilification/|url-status=live}}</ref>
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|Yes]]
|-
|{{flagicon|New South Wales}} [[LGBT rights in New South Wales|NSW]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px|Yes]] (2014)<ref>{{cite news|url=http://www.starobserver.com.au/news/national-news/new-south-wales-news/advocates-welcome-final-approval-of-nsw-bill-to-extinguish-historical-gay-sex-convictions/129236|title=Advocates welcome final approval of NSW bill to extinguish historical gay sex convictions|last1=Jahshan|first1=Elias|work=Star Observer|access-date=23 October 2016|archive-date=22 April 2019|archive-url=https://web.archive.org/web/20190422072740/http://www.starobserver.com.au/news/national-news/new-south-wales-news/advocates-welcome-final-approval-of-nsw-bill-to-extinguish-historical-gay-sex-convictions/129236|url-status=live}}</ref>
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2014)<ref name="nsw-panic2">{{cite news|url=http://www.starobserver.com.au/news/national-news/new-south-wales-news/nsw-government-ditches-gay-panic-defence/120795|title=NSW Government ditches 'gay panic' defence – Star Observer|last1=Brook|first1=Benedict|date=26 March 2014|work=Star Observer|access-date=25 September 2016|archive-date=4 April 2019|archive-url=https://web.archive.org/web/20190404143135/http://www.starobserver.com.au/news/national-news/new-south-wales-news/nsw-government-ditches-gay-panic-defence/120795|url-status=live}}</ref>
|<!--Conversion therapy banned-->[[File:Yes check.svg|15x15px|Yes]] (Since 2025)<ref>[https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=18568]</ref>
|<!--Hate crime laws include sexual orientation-->[[File:Yes check.svg|15x15px|Yes]]
|<!--LGBT anti-vilification law-->[[File:Yes check.svg|15x15px|Yes]]<ref name="vilification2" />
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|No]] ([[sex reassignment surgery]] no longer required from 2025)<ref>{{Cite web |title=Equality Legislation Amendment (LGBTIQA+) Bill 2023 |url=https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=18460 |access-date=2024-10-27 |website=www.parliament.nsw.gov.au}}</ref><ref name="nsw divorce">{{Cite web|url=https://www.parliament.nsw.gov.au/bill/files/3520/First%20Print.pdf|title=Miscellaneous Acts Amendment (Marriages) Bill 2018|access-date=27 February 2019|archive-date=4 April 2019|archive-url=https://web.archive.org/web/20190404133744/https://www.parliament.nsw.gov.au/bill/files/3520/First%20Print.pdf|url-status=live}}</ref><ref name="buzzfeed2">{{Cite web |url=https://www.buzzfeed.com/lanesainty/australian-states-have-one-year-to-repeal-transgender |title=Now That Same-Sex Marriage Is Legal, States Must Abolish Transgender "Forced Divorce" Laws |website=[[BuzzFeed]] |access-date=11 January 2018 |archive-date=3 January 2019 |archive-url=https://web.archive.org/web/20190103085902/https://www.buzzfeed.com/lanesainty/australian-states-have-one-year-to-repeal-transgender |url-status=live }}</ref>
|-
|{{flagicon|Northern Territory}} [[LGBT rights in the Northern Territory|NT]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px|Yes]] (2018)<ref name="ExpungeActNT">{{cite web|url=https://legislation.nt.gov.au/en/LegislationPortal/Acts/~/link.aspx?_id=5FE4B9362BA94E2FB8F5AC83F1121A70&amp;_z=z&format=assented|title=Expungement of Historical Homosexual Offence Records Act 2018|date=23 May 2018|work=Northern Territory Legislation Database|access-date=4 December 2021|archive-date=5 March 2020|archive-url=https://web.archive.org/web/20200305123045/https://legislation.nt.gov.au/en/LegislationPortal/Acts/~/link.aspx?_id=5FE4B9362BA94E2FB8F5AC83F1121A70&_z=z&format=assented|url-status=live}}</ref><ref name=":4">{{Cite web|url=http://newsroom.nt.gov.au/mediaRelease/28377|title=New Act Provides Pathway to Right Past Wrongs|access-date=15 November 2018|archive-date=20 November 2018|archive-url=https://web.archive.org/web/20181120010857/http://newsroom.nt.gov.au/mediaRelease/28377|url-status=live}}</ref>
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2006)<ref name="sbstimeline2" />
|<!--Conversion therapy banned-->[[File:X mark.svg|17x17px|No]] (Proposed)
|<!--Hate crime laws include sexual orientation-->[[File:X mark.svg|17x17px|No]]
|<!--LGBT anti-vilification law-->[[File:X mark.svg|17x17px|No]]<ref name="vilification2" />
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|Yes]]
|-
|{{flagicon|Queensland}} [[LGBT rights in Queensland|QLD]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px|Yes]] (2018)<ref name="qld expungement1">{{cite web|url=https://www.legislation.qld.gov.au/view/whole/html/asmade/sl-2018-0069|title=Proclamation—Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 (commencing remaining provisions)|work=Legislation.qld.gov.au|access-date=14 June 2018|archive-date=15 June 2018|archive-url=https://web.archive.org/web/20180615004622/https://www.legislation.qld.gov.au/view/whole/html/asmade/sl-2018-0069|url-status=live}}</ref><ref name="qld expungement">{{cite web|url=https://www.legislation.qld.gov.au/view/html/asmade/act-2017-037|title=Criminal Law (Historical Homosexual Convictions Expungement) Act 2017|date=23 October 2017|work=Legislation.qld.gov.au|access-date=29 May 2018|archive-date=15 June 2018|archive-url=https://web.archive.org/web/20180615004854/https://www.legislation.qld.gov.au/view/html/asmade/act-2017-037|url-status=live}}</ref>
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2017)<ref name="brisbanetimes2">{{Cite web |url=http://www.brisbanetimes.com.au/queensland/gay-panic-laws-pass-queensland-parliament-removing-partial-defence-20170321-gv32j8.html |title=Gay panic laws pass Queensland Parliament, removing partial defence |access-date=29 April 2018 |archive-date=4 August 2017 |archive-url=https://web.archive.org/web/20170804170520/http://www.brisbanetimes.com.au/queensland/gay-panic-laws-pass-queensland-parliament-removing-partial-defence-20170321-gv32j8.html |url-status=live }}</ref>
|<!--Conversion therapy banned-->[[File:Yes check.svg|15px|Yes]] (Since 2020)<ref>{{cite web |url=https://www.starobserver.com.au/news/queensland-bans-conversion-therapy/197161 |title=Queensland Bans Conversion Therapy - Star Observer |website=www.starobserver.com.au |archive-url=https://web.archive.org/web/20200925062403/https://www.starobserver.com.au/news/queensland-bans-conversion-therapy/197161 |archive-date=25 September 2020  |url-status=}}</ref>
|<!--Hate crime laws include sexual orientation-->[[File:Yes check.svg|15x15px|Yes]]<ref>[https://statements.qld.gov.au/statements/98911]</ref>
|<!--LGBT anti-vilification law-->[[File:Yes check.svg|15x15px|Yes]]<ref name="vilification2" />
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|Yes]] 
|-
|{{flagicon|South Australia}} [[LGBT rights in South Australia|SA]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px]]/[[File:X mark.svg|17x17px]] (2013; can apply to have recorded as [[spent conviction]], not expunged)<ref>{{cite news|url=https://www.buzzfeed.com/lanesainty/heres-whats-happening-with-historical-gay-sex-convictions|title=Some States Are Holding Out Against Erasing Historic Gay Sex Convictions|last1=Sainty|first1=Lane|date=15 January 2016|work=BuzzFeed|access-date=23 October 2016|archive-date=4 April 2019|archive-url=https://web.archive.org/web/20190404154955/https://www.buzzfeed.com/lanesainty/heres-whats-happening-with-historical-gay-sex-convictions|url-status=live}}</ref>
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2020)<ref>{{cite web |url=http://www.starobserver.com.au/news/national-news/south-australia/south-australia-to-finally-scrap-gay-panic-defence-by-the-end-of-the-year/180675 |title=South Australia to finally scrap 'gay panic' defence by the end of the year - Star Observer |website=www.starobserver.com.au |archive-url=https://web.archive.org/web/20190927080141/http://www.starobserver.com.au/news/national-news/south-australia/south-australia-to-finally-scrap-gay-panic-defence-by-the-end-of-the-year/180675 |archive-date=27 September 2019  |url-status=}}</ref><ref>{{Cite web |url=http://www.abc.net.au/news/2017-03-22/sa-becomes-last-state-to-allow-gay-panic-defence/8376948 |title=South Australia becomes last state to allow gay panic defence for murder |website=[[Australian Broadcasting Corporation]] |access-date=30 May 2018 |archive-date=11 May 2019 |archive-url=https://web.archive.org/web/20190511043834/https://www.abc.net.au/news/2017-03-22/sa-becomes-last-state-to-allow-gay-panic-defence/8376948 |url-status=live }}</ref><ref>{{Cite web |url=https://www.abc.net.au/news/2020-12-01/gay-panic-defence-abolished-by-sa-parliament/12940296 |title=South Australia becomes final state to abolish 'gay panic' murder defence |website=[[Australian Broadcasting Corporation]] |access-date=2 December 2020 |archive-date=2 December 2020 |archive-url=https://web.archive.org/web/20201202024328/https://www.abc.net.au/news/2020-12-01/gay-panic-defence-abolished-by-sa-parliament/12940296 |url-status=live }}</ref>
|<!--Conversion therapy banned-->[[File:Yes check.svg|15x15px|Yes]] (Since 2025)<ref>[https://www.legislation.sa.gov.au/lz?path=/b/current/conversion%20practices%20prohibition%20bill%202024]</ref>
|<!--Hate crime laws include sexual orientation-->[[File:Yes check.svg|15x15px|Yes]]
|<!--LGBT anti-vilification law-->[[File:X mark.svg|17x17px|No]]<ref name="vilification2" />
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|Yes]]
|-
|{{flagicon|Tasmania}} [[LGBT rights in Tasmania|TAS]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px|Yes]] (2018)
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2003)<ref name="sbstimeline2" />
|<!--Conversion therapy banned-->[[File:X mark.svg|17x17px|No]] (Proposed)
|<!--Hate crime laws include sexual orientation-->[[File:Yes check.svg|15x15px|Yes]]
|<!--LGBT anti-vilification law-->[[File:Yes check.svg|15x15px|Yes]]<ref name="vilification2" />
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|Yes]]<ref>{{cite web |url=https://www.abc.net.au/news/2019-04-10/birth-certificate-gender-laws-pass-in-tasmania/10989170 |title=Tasmania makes gender optional on birth certificates after Liberal crosses floor - ABC News (Australian Broadcasting Corporation) |website=www.abc.net.au |archive-url=https://web.archive.org/web/20191002184005/https://www.abc.net.au/news/2019-04-10/birth-certificate-gender-laws-pass-in-tasmania/10989170 |archive-date=2 October 2019  |url-status=}}</ref><ref name=":1">{{Cite web|url=http://www.parliament.tas.gov.au/bills/Bills2018/47_of_2018.htm|title=Justice and Related Legislation (Marriage Amendments) Bill 2018|access-date=27 February 2019|archive-date=16 October 2018|archive-url=https://web.archive.org/web/20181016130510/http://www.parliament.tas.gov.au/bills/Bills2018/47_of_2018.htm|url-status=dead}}</ref><ref>{{Cite web|url=https://www.legislation.tas.gov.au/view/whole/html/asmade/act-2019-007#GS24@Gs1@EN|title=View – Tasmanian Legislation Online|website=www.legislation.tas.gov.au|access-date=2019-05-09|archive-date=9 May 2019|archive-url=https://web.archive.org/web/20190509031833/https://www.legislation.tas.gov.au/view/whole/html/asmade/act-2019-007#GS24@Gs1@EN|url-status=live}}</ref>
|-
|{{flagicon|Victoria}} [[LGBT rights in Victoria|VIC]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px|Yes]] (2015)<ref>{{cite news|url=http://theconversation.com/expunging-convictions-for-gay-sex-an-old-wrong-is-finally-righted-33013|title=Expunging convictions for gay sex: an old wrong is finally righted|last1=Gerber|first1=Paula|work=The Conversation|access-date=23 October 2016|archive-date=4 April 2019|archive-url=https://web.archive.org/web/20190404142934/http://theconversation.com/expunging-convictions-for-gay-sex-an-old-wrong-is-finally-righted-33013|url-status=live}}</ref>
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2005)<ref name="sbstimeline2" />
|<!--Conversion therapy banned-->[[File:Yes check.svg|15x15px|Yes]]<ref name="vic therapy">{{Cite web |url=http://www.abc.net.au/news/2018-05-17/gay-lesbian-conversion-therapy-police-survey/9768746 |title=Gay conversion therapy to be investigated by Victoria's health watchdog |website=[[Australian Broadcasting Corporation]] |access-date=30 May 2018 |archive-date=9 April 2019 |archive-url=https://web.archive.org/web/20190409043134/https://www.abc.net.au/news/2018-05-17/gay-lesbian-conversion-therapy-police-survey/9768746 |url-status=live }}</ref>
|<!--Hate crime laws include sexual orientation-->[[File:Yes check.svg|15x15px|Yes]]
|<!--LGBT anti-vilification law-->[[File:Yes check.svg|15x15px|Yes]] (eff. 30 June, 2026)
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|Yes]]<ref name="premier2">{{Cite web |url=https://www.premier.vic.gov.au/new-laws-for-better-access-to-justice/ |title=New Laws For Better Access To Justice |access-date=28 March 2018 |archive-date=19 June 2018 |archive-url=https://web.archive.org/web/20180619140715/https://www.premier.vic.gov.au/new-laws-for-better-access-to-justice/ |url-status=live }}</ref><ref name="buzzfeed2" />
|-
|{{flagicon|Western Australia}} [[LGBT rights in Western Australia|WA]]
|<!--Expungement scheme-->[[File:Yes check.svg|15x15px|Yes]] (2018)<ref name="waexpungement2">{{Cite web |url=http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=68D7573F70D9199F482581CB000B4DF3 |title=Historical Homosexual Convictions Expungement Bill 2017 |access-date=27 November 2017 |archive-date=31 March 2019 |archive-url=https://web.archive.org/web/20190331144131/http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=68D7573F70D9199F482581CB000B4DF3 |url-status=live }}</ref><ref name=":2">{{Cite web|url=https://department.justice.wa.gov.au/H/historical-homosexual-convictions.aspx|title=Historical Homosexual Convictions Expungement Act 2018 (WA)|access-date=27 February 2019|archive-date=16 October 2018|archive-url=https://web.archive.org/web/20181016165343/https://department.justice.wa.gov.au/H/historical-homosexual-convictions.aspx|url-status=live}}</ref>
|<!--Gay panic defence abolished-->[[File:Yes check.svg|15x15px|Yes]] (2008)<ref name="sbstimeline2" />
|<!--Conversion therapy banned-->[[File:X mark.svg|17x17px|No]] (Proposed)<ref name="ludicrous">{{Cite web |url=http://www.abc.net.au/triplej/programs/hack/gay-conversion-therapy-to-be/8969414 |title='Ludicrous practice' of gay conversion therapy to be scrutinised |website=[[Australian Broadcasting Corporation]] |access-date=27 February 2019 |archive-date=22 September 2017 |archive-url=https://web.archive.org/web/20170922233942/http://www.abc.net.au/triplej/programs/hack/gay-conversion-therapy-to-be/8969414 |url-status=live }}</ref>
|<!--Hate crime laws include sexual orientation-->[[File:X mark.svg|17x17px|No]]
|<!--LGBT anti-vilification law-->[[File:X mark.svg|17x17px|No]]<ref name="vilification2" />
|<!--Right to change legal gender-->[[File:Yes check.svg|15x15px|Yes]]<ref name=":0">{{Cite web|url=http://www.parliament.wa.gov.au/parliament/bills.nsf/436986807B0C6A16482582E9003CC119/$File/Bill085-1.pdf|title=Gender Reassignment Amendment Bill 2018|access-date=27 February 2019|archive-date=15 August 2018|archive-url=https://web.archive.org/web/20180815131647/http://www.parliament.wa.gov.au/parliament/bills.nsf/436986807B0C6A16482582E9003CC119/$File/Bill085-1.pdf|url-status=live}}</ref>
|}</div>

==== Intersex people ====
{{Main|Intersex rights in Australia}}

Australia was the first country to conduct a parliamentary inquiry into involuntary or coerced medical interventions on intersex people in October 2013, but the report has not been implemented.{{when|date=August 2020}}<ref name="SenateOnSterilisation">{{cite web | url = http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Involuntary_Sterilisation/Sec_Report/index | title = Involuntary or coerced sterilisation of intersex people in Australia | last = [[Australian Senate]] Community Affairs Committee | date = October 2013 | access-date = 18 February 2017 | archive-date = 23 September 2015 | archive-url = https://web.archive.org/web/20150923181927/http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Involuntary_Sterilisation/Sec_Report/index | url-status = live }}</ref>

A 2016 [[Family Court of Australia|Family Court]] case authorising a [[gonadectomy]] and consequential surgery on a young child<ref name="fca2016">{{Cite AustLII|FamCA|7|2016|litigants=Re: Carla (Medical procedure) |courtname=auto |date=20 January 2016}}.</ref> attracted public commentary for disclosing those medical interventions, their rationales, and a prior [[clitorectomy]] and [[labiaplasty]].<ref name="over2016a">{{Cite news| last = Overington| first = Caroline| author-link = Caroline Overington| title = Family Court backs parents on removal of gonads from intersex child| work = The Australian| date = 7 December 2016| url = http://www.theaustralian.com.au/news/health-science/family-court-backs-parents-on-removal-of-gonads-from-intersex-child/news-story/60df936c557e2e21707eb198f1300276| access-date = 31 May 2017| archive-date = 4 December 2021| archive-url = https://web.archive.org/web/20211204014823/https://insight.adsrvr.org/track/up?adv=vrges6n&ref=https%3A%2F%2Fwww.theaustralian.com.au%2Fsubscribe%2Fnews%2F1%2F%3FsourceCode%3DTAWEB_WRE170_a%26dest%3Dhttps%253A%252F%252Fwww.theaustralian.com.au%252Fnews%252Fhealth-science%252Ffamily-court-backs-parents-on-removal-of-gonads-from-intersex-child%252Fnews-story%252F60df936c557e2e21707eb198f1300276%26memtype%3Danonymous%26mode%3Dpremium&upid=rjdl4pv&upv=1.1.0| url-status = live}}</ref><ref name="over2016b">{{Cite news| last = Overington| first = Caroline| author-link = Caroline Overington| title = Carla's case ignites firestorm among intersex community on need for surgery| work = The Australian| date = 8 December 2016| url = http://www.theaustralian.com.au/national-affairs/health/carlas-case-ignites-firestorm-among-intersex-community-on-need-for-surgery/news-story/7b1d478b8c606eaa611471f70c458df0| access-date = 31 May 2017| archive-date = 4 December 2021| archive-url = https://web.archive.org/web/20211204014803/https://insight.adsrvr.org/track/up?adv=vrges6n&ref=https%3A%2F%2Fwww.theaustralian.com.au%2Fsubscribe%2Fnews%2F1%2F%3FsourceCode%3DTAWEB_WRE170_a%26dest%3Dhttps%253A%252F%252Fwww.theaustralian.com.au%252Fnational-affairs%252Fhealth%252Fcarlas-case-ignites-firestorm-among-intersex-community-on-need-for-surgery%252Fnews-story%252F7b1d478b8c606eaa611471f70c458df0%26memtype%3Danonymous%26mode%3Dpremium&upid=rjdl4pv&upv=1.1.0| url-status = live}}</ref><ref>{{Cite web| last = Copland| first = Simon| title = The medical community's approach to intersex people is still primarily focused on 'normalising' surgeries| work = [[Special Broadcasting Service|SBS]]| access-date = 2017-02-05| date = 15 December 2016| url = http://www.sbs.com.au/topics/sexuality/agenda/article/2016/12/15/medical-communitys-approach-intersex-people-still-primarily-focused-normalising| archive-date = 31 January 2017| archive-url = https://web.archive.org/web/20170131201328/http://www.sbs.com.au/topics/sexuality/agenda/article/2016/12/15/medical-communitys-approach-intersex-people-still-primarily-focused-normalising| url-status = live}}</ref>

In March 2017, Australian and [[Intersex rights in New Zealand|New Zealand]] community organisations issued a joint call for legal reform, including the criminalisation of deferrable [[intersex medical interventions]] on children, an end to legal classification of sex, and improved access to peer support.<ref name="darlington2017">{{Citation| last1 = Androgen Insensitivity Support Syndrome Support Group Australia| author1-link = Androgen Insensitivity Syndrome Support Group Australia| last2 = Intersex Trust Aotearoa New Zealand| author2-link = Intersex Trust Aotearoa New Zealand| last3 = Organisation Intersex International Australia| author3-link = Organisation Intersex International Australia| last4 = Black| first4 = Eve| last5 = Bond| first5 = Kylie| last6 = Briffa| first6 = Tony| author6-link = Tony Briffa (politician)| last7 = Carpenter| first7 = Morgan| author7-link = Morgan Carpenter| last8 = Cody| first8 = Candice| last9 = David| first9 = Alex| last10 = Driver| first10 = Betsy| last11 = Hannaford| first11 = Carolyn| last12 = Harlow| first12 = Eileen| last13 = Hart| first13 = Bonnie| author13-link = Bonnie Hart| last14 = Hart| first14 = Phoebe| author14-link = Phoebe Hart| last15 = Leckey| first15 = Delia| last16 = Lum| first16 = Steph| last17 = Mitchell| first17 = Mani Bruce| author17-link = Mani Mitchell| last18 = Nyhuis| first18 = Elise| last19 = O'Callaghan| first19 = Bronwyn| last20 = Perrin| first20 = Sandra| last21 = Smith| first21 = Cody| last22 = Williams| first22 = Trace| last23 = Yang| first23 = Imogen| last24 = Yovanovic| first24 = Georgie| title = Darlington Statement| date = March 2017| url = https://oii.org.au/darlington-statement/| archive-url = https://web.archive.org/web/20170322204013/https://oii.org.au/darlington-statement/| archive-date = 22 March 2017| access-date = 21 March 2017| url-status = live}}</ref>
{| class="wikitable"
! width="12.5%" |Jurisdiction
! width="12.5%" |[[Intersex human rights|Physical integrity and bodily autonomy]]
! width="12.5%" |[[Intersex human rights#Remedies and compensation claims|Reparations]]
! width="12.5%" |[[Discrimination against intersex people|Anti-discrimination protection]]
! width="12.5%" |[[Legal recognition of intersex people#Access to identification documents|Access to identification documents]]
! width="12.5%" |[[Legal recognition of intersex people#Access to the same rights as other men and women|Access to same rights as other men and women]]
! width="12.5%" |[[Legal recognition of intersex people#Changing identification documents|Changing M/F identification documents]]
! width="12.5%" |[[Legal recognition of intersex people#Third sex or gender classifications|Third gender or sex classifications]]
|-
|{{flagicon|Australia}} [[Intersex rights in Australia|Australia]]
|<!--Prohibition of harmful practices-->[[File:X mark.svg|17x17px|No]]
|<!--Reparations-->[[File:X mark.svg|17x17px|No]]
|<!--Anti-discrimination-->[[File:Yes check.svg|15x15px|Yes]] (2013 for federal protection)<ref name="oiiau2013">{{cite web|url=http://oii.org.au/21774/welcome-senate-inquiry-anti-discrimination/|title=We welcome the Senate Inquiry report on the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012|date=21 February 2013|work=[[Organisation Intersex International Australia]]|access-date=18 February 2017|archive-date=1 January 2014|archive-url=https://web.archive.org/web/20140101205811/http://oii.org.au/21774/welcome-senate-inquiry-anti-discrimination/|url-status=live}}</ref>
|<!--Anti-discrimination-->[[File:Yes check.svg|15x15px|Yes]] (Federal)<ref name="oiiau2013" />
|<!--Access to same rights as other men and women--> [[File:Yes check.svg|15x15px|Yes]] (Exemptions regarding sport)<ref name="oiiau2013" />
|<!--Changing identification documents-->[[File:Yes check.svg|15x15px|Yes]] (Policies vary depending on jurisdiction)<ref name="oiiau2009">{{cite web|url=http://oii.org.au/4856/on-birth-registrations/|title=On intersex birth registrations|date=13 November 2009|work=OII Australia|access-date=18 February 2017|archive-date=9 March 2015|archive-url=https://web.archive.org/web/20150309063923/http://oii.org.au/4856/on-birth-registrations/|url-status=live}}</ref>
|<!--Third gender or sex classifications-->[[File:Yes check.svg|15x15px|Yes]] (Opt in at the federal level, state/territory policies vary)<ref name="oiiau2009" /><ref name="ausag">{{cite web|url=http://www.ag.gov.au/Publications/Pages/AustralianGovernmentGuidelinesontheRecognitionofSexandGender.aspx|title=Australian Government Guidelines on the Recognition of Sex and Gender, 30 May 2013|access-date=6 October 2014|archive-date=1 July 2015|archive-url=https://web.archive.org/web/20150701084543/http://www.ag.gov.au/Publications/Pages/AustralianGovernmentGuidelinesontheRecognitionofSexandGender.aspx|url-status=live}}</ref>
|}

== See also ==
* [[Human rights in Asia]]

== References ==
{{reflist|colwidth=30em}}

== External links ==
*[http://www.humanrights.gov.au/ The Australian Human Rights Commission website]
*[http://www.nswccl.org.au/ NSW Council for Civil Liberties]
*[https://web.archive.org/web/20081211101013/http://www.humanrightsconsultation.gov.au/ National Human Rights Consultation]
*[http://www.equalitycampaign.org.au/ The Equality Campaign] (Same-sex marriage advocacy group)
*[[Privacy in Australian law]]

{{Oceania in topic|Human rights in}}
{{Australian topics}}
{{World topic| Human rights in | title = [[Human rights]] by country |noredlinks=yes}}
{{Human rights}}

[[Category:Human rights in Australia| ]]
[[Category:Human rights by country|Australia]]
[[Category:Society of Australia]]