Commonwealth Level
Same-sex relationships are legally recognised in federal legislation, and are afforded a broad range of rights, but federal (Commonwealth) laws do not allow same-sex couples to legally marry.
Australia does not comprehensively outlaw discrimination based on sexual orientation at the federal level. However, in response to Australia's agreement to implement the principle of non-discrimination in employment and occupation pursuant to the International Labour Organisation Convention No.111 (ILO 111), the Human Rights and Equal Opportunity Commission (HREOC) Act established the HREOC in 1986, and empowers it to investigate complaints of discrimination in employment and occupation on various grounds, including sexual orientation, and to resolve such complaints by conciliation. If it cannot be conciliated, the Commission prepares a report to the federal Attorney-General who then tables the report in Parliament. Employment discrimination on the ground of "sexual preference" is also rendered unlawful in the Fair Work Act 2009, allowing complaints to be made to the Fair Work Ombudsman.
The Human Rights (Sexual Conduct) Act 1994 provided that sexual conduct involving only consenting adults (18 years or over) acting in private would not be subject to arbitrary interference by law enforcement. This applies to any law of the Commonwealth, State or Territory.
In late 2010, the Gillard Labor Government announced that it is 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.
On 25 June, 2013, the Australian Federal Parliament passed the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 with overwhelming support, making discrimination against Lesbian, Gay, Bisexual, Transgendered and for the first time in the world, Intersex people illegal at a national level. Aged care providers who are owned by religious groups will no longer be able to exclude people from aged care services based on their LGBTI or same-sex relationship status. However, religious owned private schools and religious owned hospitals are exempt from the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.
Read more about this topic: LGBT In Australia, Anti-discrimination and Legal Recognition
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