FAQs and terminology

This section focuses on common questions from LGBTQIA+SB people about their rights and protections under Queensland’s anti-discrimination laws. If you’re experiencing discrimination or vilification, here’s how to respond and where to find support.

Offensive content online can be upsetting. If the comments are serious enough to incite hatred, contempt, or severe ridicule, and appear in a public forum, they may be considered vilification under the Anti-Discrimination Act 1991.

What can I do if neighbours yell abuse about my sexuality?

Hearing abusive comments can be deeply distressing. If the words are serious enough to incite hatred, contempt, or severe ridicule, and can be heard by others, it may be considered vilification under the Anti-Discrimination Act 1991.

Yes. You have the right to bring your same-sex partner to events like school formals or work functions. Denying you this right is likely to be discrimination under the Anti-Discrimination Act 1991 because it treats you unfairly due to your sexuality.

Homophobic jokes or comments can be harmful and may be considered discrimination if they occur in areas of public life, such as:

• your workplace
• at school, university or TAFE
• when accessing goods and services
• while renting or buying property
• when accessing insurance or superannuation
• in dealings with state or local government.

Derogatory jokes or remarks that belittle or target someone’s sexuality may violate anti-discrimination laws.

What protections do I have if I experience discrimination because of my gender identity?

In Queensland, the Anti-Discrimination Act 1991 protects you from discrimination based on your gender identity. This means it is unlawful for someone to treat you unfairly because of your gender identity in areas such as work, education, accommodation, accessing goods and services, or public life. Gender identity includes identifying as a gender different from the sex assigned to you at birth, being non-binary, or not identifying with any gender.

Can I use the bathroom that aligns with my gender identity?

Yes. You have the right to use the bathroom or facilities that align with your gender identity. Denying you access to these facilities may be considered discrimination under the Anti-Discrimination Act 1991.

What protections do I have if I experience discrimination because of my sex characteristics?

The Anti-Discrimination Act 1991 protects you from discrimination based on your sex characteristics. This includes being treated unfairly because of physical, hormonal, or genetic features related to your sex characteristics, such as being intersex.

Discrimination based on sex characteristics is unlawful in areas like employment, education, healthcare, accommodation, and accessing goods and services. If you believe you’ve been discriminated against, you can make a complaint to us.

Can I be forced to undergo medical or surgical procedures to alter my sex characteristics?

No. You have the right to make decisions about your own body. Forcing someone to undergo medical or surgical procedures to alter their sex characteristics without their informed consent may breach their human rights and could be unlawful under the Anti-Discrimination Act 1991.

Can I be open about being a sistergirl or brotherboy at work or school?

Yes, you have the right to express your identity as a sistergirl or brotherboy at work, school, or in public life. Discrimination against you because of your gender identity is unlawful under theAnti-Discrimination Act 1991. This includes being treated unfairly, harassed, or excluded because you identify as a sistergirl or brotherboy.

FAQs about LGBTQIA+SB topics

Understanding LGBTQIA+SB terminology, rights, and experiences is key to creating a more inclusive and respectful society. This section answers common questions about the LGBTQIA+SB community.

What is sexual orientation? Should I say sexual orientation or sexual preference?

Sexual orientation refers to a person's romantic and emotional attraction and attachment to others.

• Heterosexual (straight) people are attracted to another gender.
• Gay and lesbian people are attracted to those of the same gender.
• Bisexual people are attracted to more than one gender.

Sexual preference is no longer an appropriate term, as it implies it is a choice, whereas sexual orientation is understood as an inherent characteristic.

What is gender identity?

Gender identity refers to a person’s internal sense of their gender, which may be male, female, both, or neither. Discrimination based on gender identity is unlawful under the Anti-Discrimination Act 1991. Find out more about gender identity discrimination.

Is it okay to ask a trans or intersex person about medical treatments or their body?

No, it is generally impolite to ask about someone’s body or medical history unless they volunteer that information. Ask yourself: would you ask a cisgender person (someone whose gender identity aligns with the sex they were assigned at birth) the same questions?

What name and pronouns should I use for a trans, gender diverse or non-binary person?

You should politely ask which pronouns (for example, he, she, they) they use. If you make a mistake, apologise and correct yourself. Repeatedly or intentionally calling someone by the wrong pronouns or a previous name may be discrimination. Asking for legal or formal documentation to justify their pronouns or name is not appropriate.

What toilets can a trans, gender diverse or non-binary person use?

A person should use the toilet that best reflects their gender identity. For example:

• a trans woman should be able to use female toilets
• a trans man should be able to use male toilets
• a non-binary person may choose the option that feels safest or most affirming to them.

While some may prefer unisex or accessible toilets, they should not be required to use them. Telling a person that they must use a toilet that does not reflect their gender identity may be discrimination.

Do trans, gender diverse or non-binary people need to have had medical interventions to be protected by anti-discrimination laws?

No. Anti-discrimination laws protect people based on their self-assigned gender, whether or not they’ve undergone medical interventions.

Do trans, gender diverse or non-binary people need to change their birth certificate or name to be protected?

No. Gender identity discrimination laws apply regardless of whether someone has legally changed their name or birth certificate.

What are sex characteristics?

Sex characteristics refer to a person’s physical traits linked to their sex, such as genitalia, reproductive organs, chromosomes, and hormones. Discrimination on the basis of sex characteristics unlawful under the Anti-Discrimination Act 1991. Find out more about sex characteristics discrimination.

Are intersex people gay or lesbian, or queer?

It depends on the individual. Intersex people, like anyone else, have diverse sexual orientations and gender identities. Some are LGB (lesbian, gay, bisexual) or queer, while others are not. Intersex is included in the LGBTQIA+ acronym because of shared experiences of stigma and societal expectations around sex and gender norms.

Do intersex people have health issues?

Intersex people, like all people, may face health challenges. While most intersex bodies are naturally healthy, some intersex variations may require medical attention at birth or later in life.

Health issues may arise due to medical interventions, such as hormone replacement or surgeries. Mental health challenges can result from stigma, medical trauma, or body image concerns.

What does it mean to be a sistergirl or brotherboy, and are these identities protected under Queensland law?

Sistergirl and brotherboy are terms used by some Aboriginal peoples and Torres Strait Islander peoples to describe their gender identity.

• Sistergirls are individuals who are assigned male at birth but live as women.
• Brotherboys are individuals who are assigned female at birth but live as men.

These identities are deeply connected to cultural roles and traditions within Aboriginal and Torres Strait Islander communities.

In Queensland, sistergirls and brotherboys are protected under the Anti-Discrimination Act 1991. Discrimination against someone because of their gender identity, which includes being a sistergirl or brotherboy, is unlawful in areas such as employment, education, healthcare, accommodation, and accessing goods and services.

ally: Usually a non-LGBTQIA+SB person who supports and stands up for the rights of LGBTQIA+SB people.

asexual: A person who generally does not feel sexual attraction or desire to any group of people. Asexuality is not the same as celibacy.

bisexual: Used in the definition of sexuality in the Anti-Discrimination Act 1991. Generally means attraction to more than one gender. Also called bi.

brotherboy: Aboriginal and Torres Strait Islander peoples who are assigned female at birth but live as men.

cisgender: Describes people whose gender is the same as the sex assigned to them at birth. Cis is a Latin term meaning on the same side as.

coming out: The process through which a lesbian, gay, bisexual, transgender, questioning, or intersex person recognises and acknowledges, both to themselves and others, their sexual orientation, gender identity, or intersex status.

endosex: Refers to a person who does not have an innate variation of sex characteristics (that is, is not intersex). Endosex people have sex characteristics that conform with medical and social norms for typical male and female bodies.

gay: A person who is primarily attracted to members of the same sex. Although it applies to anyone (for example, gay man, gay woman, gay person). Lesbian is often the preferred term for women attracted to women. Gay is generally preferable to homosexual.

gender affirmation: Refers to the personal process a person undertakes to live as their authentic gender. This process is unique to each individual and may include social, medical and/or legal steps to align their gender expression and/or physical characteristics to their gender.

• Social affirmation: Adopting a name, pronouns, clothing, or other expressions that reflect one’s gender.
• Medical affirmation: Accessing healthcare such as hormone therapy or surgeries to support physical changes that align with one’s gender.
• Legal affirmation: Updating official documents, such as a driver’s licence or birth certificate, to reflect one’s gender.

Some people may use the term transition, instead of gender affirmation, but affirmation is increasingly recognised as a more inclusive and affirming term. It’s important to respect and use the language that each individual prefers.

gender diverse: Refers to people who identify as gender fluid, gender questioning, or genderqueer.

gender dysphoria: A recognised medical condition in which a person's sex assigned at birth does not match their gender identity or expression, causing distress or difficulty in daily life. Some people with gender dysphoria prefer to transition socially or medically. Not all trans and gender diverse people have gender dysphoria, and for many it resolves with access to gender-affirming health care.

gender expression: The way in which a person communicates their gender identity to others – for example, through behaviour, clothing, appearance, voice and other forms of presentation.

gender fluid: Describes a person whose gender identity is not fixed. Some gender fluid people feel more masculine on some days and more feminine on others, while some live free from definition entirely.

gender identity: A person's innermost concept of themselves as male, female, both, or neither – how they perceive and describe themselves.

Under the Anti-Discrimination Act 1991, gender identity means:

• a person’s internal and individual experience of gender, whether or not it corresponds with the sex they were assigned at birth
• a person’s personal sense of their body
• if freely chosen, modifications of their bodily appearance or functions by medical, surgical or other means
• other expressions of their gender, including name, dress, speech and behaviour.

The definition is based on self-identification, not legal documents or identification papers.

gender non-conforming: Describes people whose gender characteristics or behaviours don’t conform to traditional or societal expectations. They may or may not identify as lesbian, gay, bisexual, transgender, questioning, or intersex.

For example, in the case of Norrie, the High Court of Australia unanimously held that the Births, Deaths and Marriages Registration Act 1995 (NSW) permits the Registrar to register that a person's sex is non-specific.

heterosexual: Used in the definition of sexuality in the Anti-Discrimination Act 1991. Means attraction to people of a different gender. Also called straight.

homosexual: Used in the definition of sexuality in the Anti-Discrimination Act 1991. Means attraction to people of the same sex. Some people find this term outdated or offensive and prefer gay or lesbian.

intersex: Intersex people are born with physical sex characteristics that don't fit medical definitions of female or male bodies. Discrimination based on a person’s sex characteristics is unlawful under the Anti-Discrimination Act 1991.

Note: Sex characteristics refers to a person's physical traits linked to a sex, such as genitalia, reproductive organs, chromosomes, genes, hormones, and changes that occur during puberty.

lesbian: A woman who is primarily attracted to other women.

LGBTQIA+SB: An inclusive term for people who have identified themselves as lesbian, gay, bisexual, transgender, questioning, intersex, sistergirl and brotherboy (the + includes other diverse identities).

non-binary: Describes genders that do not fit within binary definitions of male or female.

queer: An umbrella term sometimes used by LGBTQIA+SB people to describe the whole community. The word queer has been reclaimed by many but can still be considered offensive to some, depending on their generation, location, and personal experience.

questioning: Refers to people who are unsure of, or exploring, their sexual orientation or gender identity.

sex: Means whether you are male, female, non-binary, or another sex.

sexual orientation: A person's emotional, physical, or romantic attraction to another person.

Sexual orientation and gender identity are separate aspects of who someone is. For example, a person who identifies as transgender may identify their sexual orientation as straight, gay, lesbian, or bisexual.

sexuality: Under the Anti-Discrimination Act 1991, sexuality means heterosexuality, homosexuality or bisexuality.

sistergirl: Aboriginal and Torres Strait Islander peoples who are assigned male at birth but live as women.

SOGI: Abbreviation for sexual orientation and gender identity.

SOGII: Abbreviation for sexual orientation, gender identity, and intersex.

straight: Sometimes used to describe a heterosexual person.

trans: An umbrella term for people whose gender identity differs from the sex assigned at birth. This includes, but is not limited to, people who identify as transgender, transsexual, gender queer, gender fluid, non-binary, sistergirl and brotherboy.

transgender: Describes a person who does not identify with the sex assigned to them at birth.