LGBTIQ Rights and the Law (NT)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.

Advocates for LGBTIQ rights in the Northern Territory have campaigned long and hard for an end to discrimination against LGBTIQ people. As the law in the NT now stands, the rights of non-heterosexuals are protected in most areas. However, the NT Anti-Discrimination Act does not comprehensively protect individuals from discrimination on the basis of gender identity. The NT also does not have legislation prohibiting vilification on the basis of sexual orientation, gender identity or other attributes.

The Northern Territory has made significant strides in advancing LGBTIQ equality over the past two decades, though gaps remain in comprehensive protection. Understanding your rights under both Territory and federal law is crucial for LGBTIQ individuals and their families living in the NT. This comprehensive guide outlines the current legal landscape, protections available, and areas where advocacy continues.

Sexual Activity and Criminal Law

Decriminalisation History

Consensual male homosexual acts were decriminalised in the Northern Territory in 1983 (female homosexual sex was never criminalised). The age of consent has been the same for same-sex and different-sex couples since 2003.

This legislative change positioned the NT among the more progressive Australian jurisdictions of the time, recognising that consensual adult relationships should not be subject to criminal sanctions regardless of sexual orientation. The equalisation of consent ages in 2003 further eliminated discriminatory treatment under criminal law.

Historical Record Expungement

The Expungement of Historical Homosexual Offence Records Act 2018 was passed in 2018, making the NT the second last jurisdiction to allow individuals with convictions for consensual homosexual sex to have these records wiped. Western Australia passed similar legislation shortly after the NT.

The NT Chief Minister made a formal apology to the LGBTIQ community for the discriminatory laws of the past. This expungement process allows eligible individuals to apply to have their historical convictions removed from official records, helping to eliminate ongoing disadvantage from past discriminatory laws.

Adoption and Surrogacy Rights

Same-Sex Adoption Laws

Adoption by same-sex couples was legalised in the NT in 2018 through amendments to the Adoption of Children Act 1994. Prior to the change, only married heterosexual couples could adopt. The NT adoption law now also allows single people to adopt but only in 'exceptional circumstances'.

The 2018 reforms represented a significant advancement in family equality, ensuring that children's best interests remained paramount while removing discriminatory barriers based on the sexual orientation of prospective parents. Same-sex couples must meet the same stringent assessment criteria as all adoptive parents.

Surrogacy Arrangements

There is no law against either commercial or altruistic surrogacy in the NT. However, there are no clinics that provide surrogacy services due to the lack of regulation in this area. This regulatory gap means that NT residents seeking surrogacy arrangements often need to travel to other jurisdictions with established legal frameworks.

Female partners of pregnant women are treated as the legal parents of the resulting children under the Status of Children Act 1978, Section 5DA. This provision ensures parental recognition for same-sex couples where one partner gives birth.

De Facto Relationships and Property Rights

In 2003, the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 redefined a de facto relationship in a way that included same-sex couples. This meant that same-sex de facto couples were able to utilise the courts to resolve property disputes with former partners in the same way as different-sex couples.

Under the De Facto Relationships Act 1991, same-sex couples who have lived together for at least two years (or less in certain circumstances) can access property settlement provisions, spousal maintenance, and other legal remedies upon relationship breakdown. This legislation ensures equal treatment in property and financial matters regardless of sexual orientation.

Anti-Discrimination Protections

Territory Legislation

The Anti-Discrimination Act 1992 prohibits discrimination on the basis of attributes including sex and sexuality. 'Sex' is not defined in the act and it is unclear whether gender identities other than male and female are protected and whether a person's gender identity, where it differs from their biological sex, would be protected. There have been calls for 'gender identity' to be included as a protected attribute.

The Act covers discrimination in areas including employment, education, accommodation, goods and services, and club membership. However, the lack of explicit protection for gender identity creates uncertainty for transgender and non-binary individuals seeking legal recourse for discrimination.

Federal Protections

LGBTIQ people are protected under federal law by the Sex Discrimination Act 1984. However, this is subject to the exceptions under that legislative scheme, most notably in relation to religious freedom.

Federal protections complement Territory laws but contain various exemptions that can limit their effectiveness in certain contexts, particularly in religious organisations and educational institutions.

Gender Recognition and Identity Documents

Birth Certificate Amendments

The NT allows individuals to change the gender marker on their birth certificate under the Births, Deaths and Marriages Registration Act 1996. However, the process requires medical evidence and does not recognise non-binary gender identities, limiting options for transgender and gender diverse individuals.

Recent advocacy efforts have focused on streamlining this process and introducing self-identification provisions similar to those adopted in other Australian jurisdictions. The current requirements can create barriers for individuals seeking to update their identity documents to reflect their lived gender identity.

Other Identity Documents