Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Australian state of New South Wales have the same rights and responsibilities as heterosexual individuals and couples. LGBTQ rights in New South Wales enjoy bipartisan support. Since 4 April 2025 conversion therapy practices have been criminally banned within New South Wales.
Laws regarding sexual activity Private consensual sex between men has been legal in New South Wales since 1984, while lesbian sexual acts have never been criminalised. The age of consent for all forms of sex was equalised in 2003.
Historical criminalisation and persecution Homosexuality was criminalised in New South Wales under section 79 of the Crimes Act 1900 (consent provisions were dealt with in section 78) which stated thus: "Whosoever commits the abominable crime of buggery, or bestiality, with mankind, or with any animal, shall be liable to imprisonment for fourteen years." In 1951, with the support of Police Commissioner Colin Delaney, who was noted for his obsession against homosexuality, Attorney General Reg Downing moved an amendment to the Act to ensure that "buggery" remained a criminal act "with or without the consent of the person", removing the previously existing legal loophole of consent.
The Campaign Against Moral Persecution, also known as C.A.M.P., was founded in Sydney in September 1970 and was one of Australia's first gay rights organisations. C.A.M.P. raised the profile and acceptance of Australia's gay and lesbian communities.
On 24 June 1978 gay rights activists in Sydney staged the Day of International Gay Solidarity, which included a morning protest march, lunchtime talks, and evening Street Festival (Mardi Gras), in response to a call from the San Francisco Gay Freedom Day Committee's call for international gay solidarity. Although the organisers had obtained permission, this was revoked, and the march was broken up by the police. Fifty-three of the marchers were arrested. Although most charges were eventually dropped, the Sydney Morning Herald published the names of those arrested in full, leading to many people being outed to their friends and places of employment, and many of those arrested lost their jobs as homosexuality was a crime in New South Wales until 1984. The event was held each year thereafter and is now known as the Sydney Gay and Lesbian Mardi Gras which celebrated its 30th anniversary in 2008. Following the first parade, New South Wales saw dozens of gay-hate murders from the late 1970s to the late 1990s, of which 30 remain unsolved. The prevailing climate of homophobia and lack of trust between the LGBT community and the police hampered the resolution of these cases.
The first attempt in New South Wales to bring about Gay law reform was in the form of an amendment to the 'Crimes (Sexual Assault) Amendment Act 1981', brought forward by Labor MP George Petersen in April 1981. This would have legalised consenting acts between adults. However, despite support from the Attorney General, Frank Walker, Young Labor, and public opinion polls that supported reform, it was defeated by the Catholic-dominated majority right faction of NSW Labor from inclusion before the act's introduction and was prevented from being included for debate in the Legislative Assembly by the Speaker, Laurie Kelly, who ruled it out of order. He did not appeal the ruling under threat of expulsion from the party. Undeterred, in November 1981 Petersen introduced a private member's bill which sought to decriminalise homosexual acts in NSW as well as equalise the age of consent to 16. However, after its first reading, the bill was adjourned at the request of opponents of law reform, who used it as an opportunity to rally opposition to the bill. When the bill came to a second reading, the Liberal/Country opposition voted as a bloc against it and over half of the Labor side, freed by the ability to vote according to conscience, joined them, to defeat it 67 votes to 28.Australian Lesbian & Gay Archives, pg.2. During the 1980s and 1990s, Sydney was hit by a spate of gay bashings, hate crimes and murders, a large number of which remain unsolved. This was the subject of a Police investigation in the 2010s – 'Operation Taradale' – and called into question issues relating to police methods at the time and the state of homophobia in society and the police at the time.
Cooma Correctional Centre was dedicated to housing those convicted of male homosexual offences from the 1950s up until 1984 with legalisation in New South Wales.
Legalisation of male same-sex activity It was in 1984 that the Neville Wran Government introduced, as a private member's bill, the 'Crimes (Amendment) Act 1984', which eventually decriminalised homosexual acts in NSW. The bill was supported by the absence of a conscience vote from the Labor side, was subsequently passed with support from some of the Opposition, including the leader Nick Greiner, on 22 May and was assented to on 8 June 1984.Australian Lesbian & Gay Archives, pp.6-7 However this was done with an unequal age of consent of 18 (it was 16 for heterosexual and lesbian couples). It was only in May 2003, 19 years later, that the New South Wales Government equalised the age of consent to 16 under the Crimes Act 1900, with NSW being the third last jurisdiction to reform its unequal age of consent law.
Historical conviction expungement In 2014, Gay Liberal Coogee MLA Bruce Notley-Smith introduced a private member's bill called the Criminal Records Amendment (Historical Homosexual Offences) Act 2014 to allow those convicted of historical private consensual adult gay male same-sex sexual activity to apply for it to be expunged. These historical convictions have denied men to employment, volunteering, travelling overseas and education. On 23 October 2014, the New South Wales Parliament unanimously passed the bill in both houses, and it was made into law by royal assent. The law became effective on 24 November 2014.
Apology on the 40th anniversary In June 2024, on the 40th anniversary of the New South Wales Parliament decriminalising gay sex, the New South Wales Government issued a formal apology.
Censorship and book banning
In May 2024, the Cumberland City Council in western Sydney by a “close vote” of 6–5 has banned and sanctioned certain books within libraries – that discuses homosexuality and same sex couples, a form of censorship.
However, within a week, Cumberland City Council voted in favour of a motion to rescind the initial book ban due to community outrage and threats of losing NSW Government funding. Following four hours of debate, the motion was passed with 12 votes in favour and 2 against. Councillors Hughes, Cummings, Hussein, Garrard, and Zaiter changed their position from 1 May to support the rescission motion on 15 May 2024.
Recognition of same-sex relationships Same-sex marriage Same-sex marriage became legal in New South Wales, and in the rest of Australia, in December 2017, after the Federal Parliament passed a law legalising same-sex marriage.
New South Wales had previously made a number of law reform attempts relating to same-sex marriage. In November 2013, a bill to legalise state-based same-sex marriage failed in the upper house of parliament by 21 votes to 19. In December 2013, the Australian Capital Territory's same-sex marriage legislation was declared unconstitutional by the High Court of Australia due to inconsistency with the federal Marriage Act 1961. This ruling clarified that the New South Wales Parliament did not have the legal capacity to legislate for same-sex marriage in the absence of a federal same-sex marriage law. Since 14 November 2014 overseas same-sex marriages became fully recognised under the state relationship register.
On 24 June 2015, the Parliament of New South Wales passed a motion unanimously calling on the federal government, to pass the Marriage Equality Bill 2015, based on a conscience vote. Both Tasmania and Western Australia also passed a similar motion.
Motion wording:
1. Notes Members of the New South Wales Parliament and community hold various views on the issue of marriage equality 2. Wishes our federal colleagues a respectful debate that is tolerant of all views 3. Notes the importance of MPs being free to express their own view and the views of their electorates on this issue
Northern beaches public health order In December 2020, three years after same-sex marriage was officially legalized throughout Australia, a "public health order" during the COVID-19 pandemic that just applied to the Northern Beaches Council in Sydney banned same-sex couples kissing at marriages ceremonies by the words "bride and groom only" explicitly listed within the public health order – but allowed and permitted heterosexual couples kissing to continue at marriage ceremonies. The public health order was in effect for a full week before being revoked.
De facto couples In 1999, the Property (Relationships) Legislation Amendment Act 1999 was introduced, which recognised same-sex couples in a variety of legislation, including the Workers Compensation Act, the Victims Compensation Act and the Criminal Procedure Act 1986. Further rights were given in 2002 through the Miscellaneous Acts Amendment (Relationships) Act 2008
On 6 September 1999, the Attorney General of New South Wales Jeff Shaw requested the Law Reform Commission of New South Wales to inquire into Relationships and the Law. The inquiry, which followed new relationship and property laws at the time, also looked at children of same-sex couples and recognition of their relationship with both parents. The commission's report on relationships was very extensive, included many recommendations and took the LRC itself seven years to complete. The report was handed to the previous NSW Attorney-General in June 2006. New South Wales Attorney General John Hatzistergos blocked access to the report for two years on the grounds he would table it in parliament sometime in the future. Previous reports by the commission have recommended stepparent adoption provisions to include same-sex de facto relationships.
The City of Sydney created a Relationships Declaration Program in 2005 available for all couples offering limited legal recognition. While making a relationship declaration does not confer legal rights in the way marriage does, it may be used to demonstrate the existence of a de facto relationship within the meaning of the NSW Property (Relationships) Act 1984 and other legislation. Following in the footsteps of the City of Sydney, the Municipality of Woollahra established a relationship register in December 2008. It was unanimously approved by the Woollahra Council. Members of the council also urged New South Wales to follow suit. In March 2010, the City of Blue Mountains announced it would also offer all couples limited legal recognition.
On 4 June 2008, the New South Wales Parliament passed the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 which recognises co-mothers as legal parents of children born through donor insemination, provides birth certificates allowing both mums to be recognised, creates amendments to 57 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and creates amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their "marital or domestic status" in employment, accommodation and access to other goods and services. The bill passed with a vote of 64–11. The Law Reform Commission report recommended an optional statewide registry for same-sex couples. Although the Government initially declined to implement this reform back in 2007, it proceeded in creating a relationships registry in 2010 (see below).
Registered relationships