On Tuesday August 11, the Australian census will ask specific questions about gender identity and sexual orientation for the first time. It will also amend the previous wording about a person's sex, which conflated sex and gender , to "sex recorded at birth".
Authors
- Xavier Mills
Postdoctoral Fellow, Centre for Transformative Media Technologies, Swinburne University of Technology
- Sal Clark
Senior Lecturer in Politics and Sociology, Swinburne University of Technology
For many in the LGBTQ+ community, these changes are hard-won . They come after the federal government reversed its decision in 2024 not to include questions about gender and sexual orientation, amid widespread backlash .
But the 2026 census will not include a question about variations of sex characteristics, otherwise known as intersex status , meaning some in the broader LGBTQIA+ community will remain invisible.
As a result, the " most progressive census Australia has ever seen " is still failing to capture Australia's real diversity.
What happened last census?
The last census, in 2021, raised serious concerns about the failure to meaningfully count LGBTQIA+ people.
In 2023, the government pledged to count LGBTQI+ data in the 2026 census. This included discontinuing "the practice of randomly assigning non-binary people and intersex people as male or female".
In 2024, the government abandoned this pledge , before eventually reversing the decision under pressure. It announced it would add the gender and sexual orientation questions to the upcoming census.
But it decided not to include questions on intersex status.
What does intersex mean?
Intersex status is not the same as being transgender or non-binary, and it is not a sexual orientation.
Intersex is used as an umbrella term for people whose bodies don't fit medical norms about how male and female bodies should look or function. Variations are not always visible. They can include how someone's chromosomes or reproductive organs develop.
Not everyone born with variations of sex characteristics is aware of it, and many people only learn of these differences later in life.
Why was intersex status excluded?
When the government announced it would ultimately include questions about gender and sexual orientation in the 2026 census, Assistant Minister for Treasury Andrew Leigh explained that intersex status would be excluded because:
testing indicated high quality data could not be collected due to the technical complexity of the topic.
According to the Australian Bureau of Statistics (ABS), evidence from the testing showed respondents were confused about why the question was included and how it was different to questions about sex, gender and sexual orientation.
But the Australian government itself has contributed to misinformation and confusion , for example, by using "intersex" in its official guidelines for a third gender.
Arguments that the question is too complex , or fears of a political backlash, echo the debate around including questions on gender diversity and sexual orientation. These were overcome, and the same should happen for people born with variations of sex characteristics or intersex status.
Why it matters
The ABS estimates around 63,300 Australians aged 16 and over know they were born with variations of sex characteristics.
But the ABS acknowledges this data is experimental. These numbers are not population benchmarks (an independent estimate of the population size). This is why the ABS warns the estimates should be used with caution.
Without national census data, serious gaps will remain. It will be harder to understand the needs, experiences and wellbeing of people born with variations of sex characteristics.
The census has real-world consequences, shaping decisions about transport, schools, health-care infrastructure, business and the allocation of public resources.
Without reliable data on people with intersex traits, it is much harder to identify health inequalities, plan inclusive health services, target funding where it's needed, and ensure doctors and other health professionals receive appropriate training.
It's also a symbolic message: this group of people literally don't count in Australia's most important national data set.
Advocates representing people with innate variations of sex characteristics have called the decision "devastating".
Australia is falling behind
The decision not to separately ask about intersex status does not conform with the ABS' own standard guidelines . These are clear: when surveys require a count of people born with variations of sex characteristics, a separate question is necessary.
By not counting this group of people, Australia is ignoring what is considered best practice internationally . We are falling behind other comparable countries, such as Aotearoa New Zealand , which included a separate census question about intersex variations for the first time in 2023.
The Australian government has said the reason for excluding intersex status from the 2026 census is concern about data quality. But previous census debates have shown that that anticipated public backlash has also informed decision-making.
A mature nation should not be afraid to see itself clearly. People born with variations of sex characteristics have been invisible too long - they deserve to be counted like everyone else.
The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.
