Sex and gender
The Marriage Act 1961 was amended in December 2017 so that marriage in Australia is not determined by sex or gender. As a result, a question collecting data on sex of marrying parties on the Notice of Intended Marriage (NOIM) was added to include response options of “Male”, “Female” and “X” (where “X” is described as referring to indeterminate, intersex or unspecified).
In September 2021, this question was further revised to:
- become optional
- collect gender (instead of sex)
- include ”Male”, ”Female” and ”Non-binary” as response options.
Applications for divorce ask for gender with response options of “Male”, “Female” and “X” (indeterminate, intersex or unspecified).
Male marriages/divorces of the same gender are where both parties have reported their gender as male. This is compared with male same-sex marriage/divorce data prior to 2022.
Female marriages/divorces of the same gender are where both parties have reported their gender as female. This is compared with female same-sex marriage/divorce data prior to 2022.
Marriages including a person of non-binary gender include relationships where one or both parties have reported their gender as non-binary. Non-binary gender is not reported prior to 2022.
From 2023, the number of divorces where one or more parties identified their gender as ”X” is reported in output as 'Divorces including a person identifying by another term'.