Laws

Australia

QUEENSLAND

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Bullying
Civil Unions
  Custody of Children
Discrimination
Estates, Wills
Fostering Children
Gender Identity
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance, Succession
Insurance
In Vitro Fertilisation (IVF)
Marriage
Military
Parenting
  Partners
Privacy
Property
Sodomy
Superannuation
Surrogacy
Transgender, Transsexual
Violence
Wrongful Death

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Equal Love
Age of Consent Legislation/Cases/References
1.

State

Criminal Code Act 1899 [L1.5]

Section 208 Unlawful sodomy

(1) A person who does, or attempts to do, any of the following commits a crime –

(a) sodomises a person under 18 years;

(b) permits a male person under 18 years to sodomise him or her;

(c) … (d)

Maximum penalty – 14 years imprisonment

See below


On 15 September 2016, the Parliament voted lower the age for consensual anal sex to 16 years, into line with all other lawful sexual acts and ending ''archaic'' legislation against homosexuals. The word sodomy will also be replaced with anal intercourse in the Criminal Code to help reduce stigma [R1.4].

On 17 June 2016, the Government introduced the Health and Other Legislation Amendment Bill that if passed will amend the Criminal Code and standardise the age of consent for all sexual activity at 16 years and replace the discriminatory references to sodomy with anal intercourse [L1.3], [R1.2].

In May 2001, Queensland's Attorney-General Rod Welford indicated that the Beattie Government has no plans to reform the state's age of consent laws [R1.1].

2.

Courts & Tribunals

In August 2005, the Queensland Anti-discrimination Commissioner wrote to the Government recommending reform of the state's sodomy law criminalising anal sex [R2.1].

L1.5 Criminal Code Act 1899 (Accessed 01 NOV 09)
R1.4 ABCnews: Queensland Government lowers age of consent for anal sex to 16 16 SEP 16
L1.3 Explanatory Notes: Health and Other Legislation Amendment Bill PDF 100.98kb 15 JUN 16
R1.2 BrisbaneTimes: Queensland to standardise sex consent laws and finally end gay discrimination 16 JUN 16
R1.1 Queensland Pride: "No Plan to Reform Consent Law" No 125, page 03, 30 MAY 01
R2.1 MCV: "Qld Reform" page 03, 04 AUG 05
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
1.

State

Queensland law does not prevent lesbians from accessing IVF treatment and, whilst the anti-discrimination laws should protect against refusal of treatment, this has not proved to be the case [R1.8].

On 09 July 2012, surrogacy law expert Stephen Page believes the proposed changes to the Surrogacy Act, which would ban single people, people in de facto relationships of less than two years and same-sex couples from having children through altruistic surrogacy, were an “exercise in futility”, directly contravening federal sex discrimination legislation [R1.X].

On 21 June 2012, under plans flagged by the Queensland Government, gay couples and singles will be denied the right to have a child by surrogacy. Defacto couples in relationships of less than two years will also be denied surrogacy rights [R1.7].

On 01 June 2010, the Surrogacy Act 2010 came into effect, allowing altruistic surrogacy and overturning old laws that criminalised all forms of surrogacy. It is now possible to legally enter into altruistic surrogacy arrangements, and then have court orders made reflecting the parentage of the intended parents. Lesbian couples can now be recognised on birth certificates as parents for the first time [R1.6].

Previously:

On 11 February 2010, the Queensland Parliament voted to decriminalise altruistic surrogacy. Under the reforms, which extend to same-sex couples, legal parentage of a child born in surrogacy agreements will transfer from the birth mother to the parent or parents who commissioned the birth [R1.5].

On 10 February 2010, State Parliament debated a controversial Bill that would enable gay couples and single people to have a baby through altruistic surrogacy [R1.4].

On 11 November 2009, deputy leader of the Opposition Party Lawrence Springborg, introduced a bill that would bar same-sex couples and single parents from access to surrogates within the state [R1.3].

In May 2008, the Queensland Parliament established an investigation into altruistic surrogacy, which is illegal in the state [R1.2].


In July 2000, state anti-discrimination commissioner Karen Walters said Queensland lesbians seeking artificial insemination would do best to describe themselves as single and unmarried [R1.1].

2.

Courts & Tribunals

In July 2000, the Federal Court [C2.7] ruled that state law banning participation of single women in IVF programs was in conflict with the Federal Sex Discrimination Act which makes it unlawful to discriminate on the basis of sex or marital status [R2.6].


In July 2000, Marjorie Pagani of the Queensland Anti-Discrimination Tribunal found that while the doctor and clinic had reasonable grounds to refuse treatment to a lesbian in 1994, the guidelines which restrict access to heterosexual couples are discriminatory and open to challenge [R2.5].


On 18 August 1998, the Queensland Court of Appeal overturned a state Anti-Discrimination Tribunal decision which found that a fertility clinic had discriminated against a 24-year-old lesbian by refusing her donor insemination services [R2.4].


In October 1997, the Supreme Court has overturned a groundbreaking Anti-Discrimination Tribunal decision. The original ruling found that a Brisbane fertility clinic had discriminated against a lesbian when refusing her access to artificial reproductive technology [R2.3].


In February 1997, the Queensland Government began begun looking for ways to overturn the Anti-Discrimination Tribunal's ruling [R2.2].


In October 1996, a lesbian who was denied access to medically assisted conception challenged the assessment practises of fertility clinics before the Queensland Anti-Discrimination Tribunal [R2.1].

1. State
R1.8 Queensland Pride: JM Ruling a 'Time-Bomb' for IVF Ban - Walters 30 MAY 01
R1.7 Sydney Morning Herald: Surrogacy rights to go for gay couples 22 JUN 12
R1.6 Southern Star: Altruistic surrogacy now legal in QLD 05 JUN 10
R1.5 Star Observer: Queensland moves on surrogacy 17 FEB 10
Southern Star: Queensland surrogacy barrier removed 12 FEB 10
R1.4 Couriel Mail: New controversial surrogacy laws debated in parliament 10 FEB 10
R1.3 The Advocate: Oz Debates Ban on Gay Surrogacy 11 NOV 09
R1.2 bnews: Queensland Surrogacy Inquiry 22 MAY 08
R1.1 The Courier-Mail: Lesbians Face Legal Test on IVF 31 JUL 00
2. Courts & Tribunals
C2.7 John McBain v The State of Victoria & Ors - FCA 1009 (28 July 00)
R2.6 The Australian: Court Rules State IVF Ban Invalid 29 JUL 00
R2.5 Queensland Pride: JM Ruling a 'Time-Bomb' for IVF Ban - Walters 30 MAY 00
R2.4 Sydney Star Observer: No Discrimination 20 AUG 98
Supreme Court of Queensland: JM v QFG & GK [1998] QCA 228 Word 18 AUG 98
R2.3 Brother Sister: Fertility Ruling Overturned 30 OCT 97
R2.2 Brother Sister: Fertility Win Under Threat 06 FEB 97
R2.1 Capital Q: Baby Bias Battle 25 OCT 96
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

The Federal Migration Act 1958 governs Asylum, Immigration and Refugee matters in Australia

See: FEDERAL - ASYLUM, IMMIGRATION, REFUGEES

   
Children: Access, Custody, Visitation Legislation/Cases/References
1.

National

The Federal Family Law Act 1975 governs Access, Custody and Visitation matters in Australia

See: FEDERAL - CHILDREN: ACCESS CUSTODY, VISITATION

   
Civil Unions, Partners: Domestic, Registered Legislation/Documents/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

State

On 18 March 2016, the Department of Justice and Attorney-General announced the amendment passed by the Palaszczuk government last year to restore the state's civil unions scheme would allow the ceremonies to recommence from as early as 02 April. Couples need to provide notice of intention to enter a civil partnership at least 10 full days prior to the ceremony and may do so from March 22 [R1.23].

On 03 December 2015, the unicameral Queensland Parliament voted 64-22 to restore the state's civil unions scheme which not only creates a legal relationship but allows for an official ceremony like a marriage. 21 members crossed the floor to vote with the government's MPs [R1.22]. The law will come into force on a day to be fixed by proclamation [L1.21].

On 16 September 2015, Attorney-General Yvette D'Ath introduced Relationships (Civil Partnerships) and Other Acts Amendment Bill that will if passed and signed into law, reinstate the right of same-sex couples to publicly declare their relationships with state-sanctioned ceremonies [L1.21], [R1.20].

On 25 February 2015, Attorney-General Yvette D'Ath was reported to have announced that the government would reintroduce state-sanctioned civil union ceremonies [R1.19].

On 21 June 2012, the Civil Partnerships and Other Legislation Amendment Bill 2012 was introduced, under which same-sex couples will no longer be able to enter into a "civil union" in Queensland – they will be known officially as registered relationships. The Civil Partnerships Act will be renamed the Registered Relationships Act [L1.18], [R1.17].

Previously

On 23 February 2012, the Civil Partnerships Act 2011 came into effect. This means that the earliest date couples could legally recognise their partnership in Queensland was on 5 March 2012 (allowing for the 10 day cooling off period) [L1.16, [R1.15].

Forms / Information: www.justice.qld.gov.au/justice-services/births-deaths-and-marriages/civil-partnerships


On 12 June 2012, the Queensland Government announced it would not repeal same-sex civil union laws in the state, but the legislation will be amended to remove the State sanctioned declaration ceremony in Section 11 of the Act [R1.14].

On 10 April 2012, Attorney-General Jarrod Bleijie was reported to have requested a full legal brief from his department seeking advice about repealing same-sex civil unions [R1.13].

On 30 November 2011, the Civil Partnerships Bill was passed in state parliament in a 47–40 vote. 31 Liberal National Party MPs and 4 Labor MPs voted no [R1.12], [L1.9].

On 21 November 2011, the Legal Affairs, Police, Corrective Services and Emergency Services Committee recommended that the Civil Partnerships Bill 2011 be passed [D1.11], [R1.10].

On 25 October 2011, the Civil Partnerships Bill 2011 passed the first reading in a 46 to 30 vote. The bill will now go to the Parliament's Health and Disabilities Committee [L1.9] [R1.8].

On 22 October 2011, a Private Member's Bill to formally recognise same-sex civil unions was expected to be introduced to the Parliament [R1.7].

In 2002, Section 32DA of the Acts Interpretation Act 1954 was amended by the Discrimination Law Amendment Bill the so that –

"In an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family" [L1.6].

In the absence of either a National or state-based registry, establishing documentary proof of a same-sex relationship may be advisable and at a minimum this could perhaps be achieved by both partners making a statutory declaration [R1.5].

Previously:

Queensland law did not recognise same-sex partners as next of kin, although they could leave property to each other in their wills and give each other power of attorney [R1.4].

In July 1999, gay and lesbian relationships were recognised in property law and domestic violence legislation prepared by the State Government, and matching industrial relations laws [R1.3].

In June 1999, the Beattie Labor Government recognised same sex couples in its proposed Industrial Relations laws that allowed same sex couples the right to forms of parental, family and bereavement leave previously only granted to heterosexual couples. Any state awards or state-based workplace agreements which include provisions for worker's partners or families would extend the same rights to same sex couples [R1.2].

In May 1998, the Queensland ALP's first attempt to recognise same-sex couples as de facto spouses was defeated in parliament when the Coalition Government and independent Liz Cunningham combined to deny recognition [R1.1].

2.

Cities & Towns

On 23 August 2011, the Cairns Regional Council was reported to be considering setting up a partnership register that would acknowledge gay, lesbian and transgender unions, perhaps as soon as December [R2.1].

3.

Courts & Tribunals

On 03 July 2013, Senior Member Bernard J McCabe ruled that whilst Amelia Bradley was in a three-year 'convenient' sexual relationship with a female teacher it did not make her a member of a couple for the purposes of the social security law. The couple did not share assets or finances, nor did they show any commitment or support that might be expected between members of a couple [C3.2], [R3.1].

R1.23 SBSnews 18 March 2016 Civil unions recommence in Qld from April 18 MAR 16
R1.22 GayStarNews: Queensland, Australia state parliament votes 64 to 22 to reinstate gay civil unions 03 DEC 15
L1.21 Bill: Relationships (Civil Partnerships) and Other Acts Amendment Bill PDF 399.63kb 16 SEP 15
R1.20 TheAustralian: Same-sex couples get right to have state-sanctioned ceremonies 17 SEP 15
R1.19 9NEWS: Same-sex civil unions on the way 25 FEB 15
L1.18 Queensland Parliament: Civil Partnerships and Other Legislation Amendment Bill 2012 PDF 755.87kb, 20 JUN 12
R1.17 Courier Mail: Newman Government renames and amends Civil Partnerships Act in parliament 21 JUN 12
L1.16 Legislation Queensland: Civil Partnerships Act 2011 PDF 369.10kb, 02 APR 12
R1.15 NineNews: Queensland same-sex unions set to begin 04 FEB 12
R1.14 ABC News: Amended civil union laws retained in Queensland 13 JUN 12
R1.13 The Brisbane Times: LNP seeks legal brief on civil unions laws 10 APR 12
R1.12 Herald Sun: Same sex civil unions passed in Queensland 01 DEC 11
D1.11 Parliamentary Committees, Report No. 7: Civil Partnerships Bill 2011 PDF 486.68kb, 21 NOV 11
R1.10 Star Observer: Civil unions get thumbs up 22 NOV 11
L1.9 Queensland Legislation: Civil Partnerships Bill 2011 PDF 440.9kb, 25 OCT 11
R1.8 Star Observer: Queensland Civil [Partnerships Bill] passes first reading 25 OCT 11
R1.7 MySunshineCoast: Statement by Acting Premier Andrew Fraser 22 OCT 11
L1.6 Acts Interpretation Act 1954 (Accessed 23 OCT 11)
R1.5 Declared Relationships Statutory Declaration - Queensland Version PDF 35.38kb
R1.4 The Australian: Out, Proud and Parents 16 JUL 02
R1.3 Brisbane Courier Mail: New Laws for Queensland Gays 17 JUL 99
R1.2 QAnnounce Website: Same-Sex Couples Included in Work Law 03 JUN 99
R1.1 Melbourne Star Observer: Coalition Kills Couple Reform 29 MAY 98
R2.1 Sydney Morning Herald: Cairns register to accept same-sex couples 23 AUG 11
C3.2 Administrative Appeals Tribunal: Bradley and Secretary, Department of Industry [2013] AATA 455, 03 JUL 13
R3.1 GayStarNews: 'Convenient' lesbian relationship does not make her part of a couple, says Aussie student winning allowance appeal 06 JUL 13
Discrimination Legislation/Cases/References
1.

State

The Anti Discrimination Act 1991 (Section 7) proscribes against discrimination on the grounds of lawful sexual activity (l), gender identiy (m) and sexuality (n) in employment, education, provision of goods and services, superannuation, insurance, disposition of land, accommodation, professional and social associations and clubs, admnisitration of state laws, local government. There are a number of exemptions (Sections 24-36) granted in various situations [L1.6]. The Bill became law on 01 April 2003 [R1.5].

Previously:

The Discrimination Law Amendment Bill 2002 extended anti-discrimination and vilification laws to include "sexuality"and "gender identity".

It also amended other laws to include all de facto couples regardless of their sexual orientation.

On 29 November 2002, the Bill was passed by the Parliament [R1.4].

On 25 November 2002, churches forced a change to widen a "genuine occupational requirement" exemption, to allow schools to discriminate in favour, not only of applicants who believe in the religion, but those who uphold its values [R1.3].

On 06 November 2001, the government introduced an anti-discrimination gay reform package [R1.2].

See also: FEDERAL - DISCRIMINATION


In December 1996, the State Government sacked all staff at the Queensland Anti-Discrimination Commission (QADC) planning to appoint a new body to handle complaints [R1.1].

2.

Courts & Tribunals

On 15 February 2013, the High Court of Australia refused Ronald Owen's application for special leave to appeal with costs, upholding Queensland Court of Appeal orders that he pay three complainants damages for (inter alia) displaying a bumper stick reading “Gay rights? Under God's law the only rights gays have is the right to die” [C2.3].

Previously:

On 22 June 2012, the Supreme Court in Owen v Menzies & Ors; Bruce v Owen; Menzies v Owen upheld the decision of the Anti-Discrimination Tribunal that Ronald Owen incited hatred, serious contempt for or severe ridicule of homosexuals through his behaviour, including displaying a bumper stick reading “Gay rights? Under God's law the only rights gays have is the right to die” [C2.2].

On 19 September 2008, the Anti-Discrimination Tribunal in Menzies & Ors v Owen [2008] QADT 20, ruled that Ronald Owen contravened the Anti-Discrimination Act 1991 by displaying a bumper sticker on a vehicle, publishing a report to the Cooloola Shire Council, making a comment in an interview broadcast on television and publishing a letter on a website that incited hatred, serious contempt for or severe ridicule of homosexuals [C2.1].

L1.6 Anti-Discrimination Act 1991 (as at 28 SEP 07)
R1.5 MX News: "Queensland - Gay Law Change Sealed With A Kiss" 01 APR 03
R1.4 Attorney-General & Justice: Parliament Approves New Discrimination Laws 29 NOV 02
R1.3 The Australian: Beattie Backflip on Gay Teachers 25 NOV 02
R1.2 The Australian: Labor Delivers Reform Bonanza! 06 NOV 02
R1.1 Queensland Pride: Discrimination Board Axed DEC 96
R2.3 AustLII: Ronald Owen v. Richelle Menzies & Ors No B43 of 2012, 2013 HCATrans18 RTF 2.35MB, 15 FEB 13
C2.2 Owen v Menzies & Ors; Bruce v Owen; Menzies v Owen [2012] QCA 170 PDF 373.46kb, 22 JUN 12
C2.1 Menzies & Ors v Owen [2008] QADT 20 RTF 584kb, 19 SEP 08
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Federal

On 01 March 2009, the Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 (Cth) commenced operation.

The Family Court of Australia now has jurisdiction to decide property disputes between same-sex couples, one or both of whom were ordinarily resident in New South Wales, Victoria, Queensland. Tasmania, the ACT, the Northern Territory or Norfolk Island, for at least one-third of the duration of the relationship [ss90SD, 90SK, 90SL].

The Court has the power to divide property, and also superannuation, applying the same considerations as would be the case for matrimonial cases and to make orders for spousal maintenance in certain circumstances.

Same-sex partners should ensure that they at least make an appropriate statutory declaration to establish minimal proof that they are or were in a same-sex relationship [R2.4] and may also consider putting in place a cohabitation agreement or an agreement that complies with the Federal Family Law Act 1975 if they intend living together in a domestic or de facto relationship.

See: FEDERAL - PROPERTY

2.

State

Property Law Act. Part 19. Property (de facto relationships). Division 1. Preliminary [L2.6]

Section 255 et seq of the Property Law Act 1974 sets out a procedure for resolving financial and property matters between de facto partners

Previously:

Queensland law did not recognise same-sex partners as next of kin, although they could leave property to each other in their Wills and give each other power of attorney [R2.1].

In September 2003, the De Facto Relationships Bill introduced in Queensland Parliament referred powers to deal with property matters when de facto relationship breakdown from Queensland's Property Law Act 1974 to the Commonwealth's Family Law Act 1975 [R2.5].

[Ed: The reference was accepted by the Rudd Federal governement though not by the previous Howard Federal Government].

In the absence of either a National or state-based registry, establishing documentary proof of a same-sex relationship may be advisable and at a minimum this could perhaps be achieved by both partners making a statutory declaration [R2.4].

On 09 December 1999, same-sex couples won equal coverage under de facto property laws after [the] Queensland Parliament passed the Beattie Labor Government's bill [R2.3].

See also: GayLawNet®™: Index - Information - Partners

Succession

On 5 June 2017 amendments to the Qld Succession Act came into effect that put de facto spouses and de facto stepchildren on the same footing as married spouses and stepchildren [L2.2].

The Discrimination Law Amendment Bill 2002 amended the Succession Act 1981 to include all de facto partners regardless of their sexual orientation where the partners have been living together for a continuous period of 2 years ending on the deceased's death [L2.2].

The distribution of an intestate estate is governed by the Rules in Schedule 2 of the Act.

Previously:

Queensland law did not recognise same-sex partners as next of kin, although they could leave property to each other in their Wills and give each other power of attorney [R2.1].

3.

Courts & Tribunals

On 09 October 2017, Justice Brown in the Queensland Supreme Court ordered that the unsent text (SMS) message left on the mobile phone of Mark Nichol be admitted to probate as his last Will and that Letters of Adminstration be granted to David Allan Nichol and Jack David Nicol [C3.4], [R3.3].

[Ed: Far safer to rely on having a professionaly prepared Will in place to ensure one's estate is disposed of in accordance with one's wishes.]

On 06 November 2014, Federal Circuit Court Judge John Coker said in his judgment he was “not overly convinced” that there was a de facto relationship between Regan and Walsh such as to found a claim against Walsh's property because the younger man Regan could not provide evidence of contributing to household expenses, declaring that a de facto relationship never existed between the Regan and the Walsh and ordering the application be dismissed [C3.2], [R3.1].

L2.6 Property Law Act 1974 (as at 29 AUG 07)
R2.5 ARCQ: De Facto Relationships Bill Acknowledges the Reality of Same Sex Relationships 11 SEP 03
R2.4 Declared Relationships Statutory Declaration - Queensland Version PDF 35.38kb
R2.3 Sydney Star Observer: Queensland Victory in Property Law Reform 16 DEC 99

L2.2 Succession Act 1981 (as at 05 JUN 17)
R2.1 The Australian: Out, Proud and Parents 16 JUL 02
Courts & Tribunals
C3.4 Order: Re Nichol; Nichol v Nichol [2017] QSC 220 PDF 305.04kb 09 OCT 17
R3.3 TheQueenslandTimes: Court finds unsent text message to be a valid will 10 OCT 17
C3.2 Declaration and Order: Regan & Walsh [2014] FCCA 2535 Word 171kb, 06 NOV 14
R3.1 PinkNews: Court rules gay men who shared house for seven years were 'friends with benefits' 14 NOV 14
Gender Identity, Intersex, Transgender, Transexual
[?]
Legislation/Cases/References
1.

State

The Discrimination Law Amendment Bill 2002 extended anti-discrimination and vilification laws to include sexuality and gender identity [L1.5].

Section 22 of the Births, Deaths and Marriages Registration Act 2003 [L1.4] provides that -

"The reassignment of a personís sex after sexual reassignment surgery may be noted in the personís entry in the register of births or adopted children register only if the person is not married", allowing post-operative transgender or transsexual identity to obtain new birth certificates in their reassigned sex."

Previously

The Parliament passed the Bill [R1.3] and it became law on 01 April 2003 [R1.2]

The Anti-Discrimination Act 1991 did not protect transsexual or transgender person [R1.1].

2.

Courts & Tribunals

On 20 January 2016, Judge Colin J Forrest in the Family Court, on the application of the parents, ordered that proposed surgery (involving a ''gonadectomy'') and subsequent treatment of their 5-year-old child Carla, who identifies as a girl, may be authorised by either of them [C2.4], [R2.3].

On 31 July 2013, Justice Murphy in the Family Court of Australia, in two similar but separate teenage cases heard together, ordered that Stage 1 hormone treatment did not require Court approval but Stage 2 treatment being the administration of Oestradiol Valerate (to Sam) and Testosterone Enanthate (to Terry) did require authorisation by the Court [C2.2], [R2.1].

L1.5 Anti-Discrimination Act 1991 (as at 28 SEP 07)
L1.4 Births, Deaths and Marriages Registration Act 2003 (as at 28 SEP 07)
R1.3 Attorney-General & Justice: Parliament Approves New Discrimination Laws 29 NOV 02
R1.2 MX News: "Queensland - Gay Law Change Sealed With A Kiss" 01 APR 03
R1.1 Queensland Pride: "Queensland Last to Leap Tranny Rights Hurdle" No 113, OCT 00 page 4
2. Courts & Tribunals
C2.4 Judgment: Re: Carla (Medical procedure) [2016] FamCA 7 HTML 20 JAN 16
R2.3 BBCnews: Australian court approves intersex child's surgery 08 DEC 16
C2.2 Judgment: Re: Sam and Terry (Gender Dysphoria) [2013] FamCA 563 PDF193.74kb, 31 JUL 13
R2.1 PinkNews: Australia: Court allows trans teenagers to undergo hormone therapy 08 AUG 13
Hate Crimes Legislation/Cases/References
See also: [VIOLENCE]
1.

State

On 21 March 2017, the Queensland Parliament reportedly voted to pass the Criminal Law Amendment Bill scraping the ''gay panic'' defence [R1.7].

On 21 February 2017, the six-person legal affairs and community safety committee recommended passing the Criminal Law Amendment Bill, introduced to parliament late last year by Attorney-General Yvette D'Ath, to end the so called "gay panic" provocation defence [R1.6].

On 30 November 2016, Attorney-General Yvette D'Ath introduced the Criminal Law Amendment Bill 2016 to state parliament Clause 10 of which would amend Section 304 of the Criminal Code to eliminate the so-called ''gay panic'' defence other than in circumstances of an exception character [L1.5], [R1.4].

On 04 October 2016, it was reported that Attorney-General Yvette D'Ath hope to introduce legislation to scrap the so-called ''gay panic defence'' by the end of the year [R1.3].

On 19 July 2012, an administrative assistant on behalf of Attorney-General Jarrod Bleijie reportedly said the Government would not be amending the Criminal Code to remove the 'gay panic' defence of provocation as the 2011 amendments had still to be tested [R1.1].

On 04 April 2011, amendments to Section 304 of the Criminal Code came into effect, altering the law so a verbal advance alone (Sub-section (2)) was not enough for the homosexual advance ('gay panic') defence to be used other than in than in circumstances of a most extreme and exceptional character [L1.2], [R1.1].

2.

Courts & Tribunals

On 13 October 2011, John Patrick Peterson was sentenced to 10 years in prison for manslaughter, while his accomplice Seamus Matthew Smith will spend at least the next two years in jail for the murder of Stephen John Ward. The Court was told a heavily-intoxicated Peterson flew into a rage, after Mr Ward allegedly made a homosexual pass towards him and that Peterson feared for his safety and "freaked out" after the advance, because he had been raped while living on the streets at the age of 12 or 13 [R2.2].

The "gay panic defence" is available as a defence to murder in Queensland. The defence relied upon is that of provocation, the defendant saying that he was provoked by a perceived homosexual advance that caused the defendant to lose control and kill the victim, which results in the defendant being convicted of manslaughter, not murder [R2.2].

In October 2009, Jason Pearce, 38, and Richard Meerdink, 40 , who bashed 45-year-old Wayne Ruks to death in Maryborough, used the 'gay panic defence' to have murder charges successfully commuted from murder to manslaughter [R2.1].

R1.7 'Gay panic' defence scrapped from Criminal Code 21 MAR 17
R1.6 CourierMail: Gay panic law set to be scrapped in Qld 21 FEB 17
L1.5 Bill: Criminal Law Amendment Bill 2016 PDF 690.67kb 30 NOV 16
R1.4 qNews: Qld Government Introduces Bill To Scrap 'Gay Panic' Defence 30 NOV 16
R1.3 SBS: Qld 'gay panic' defence to be scrapped 04 OCT 16
L1.2 Criminal Code: Section 304 (1) at page 186 PDF 1.84MB 04 DEC 15
R1.1 GNN / MCV: 'Gay panic' to stay in Queensland, rules LNP 19 JUL 12
2. Courts & Tribunals
R2.2 QNews: Death Shows up Queensland Government Inaction 24 OCT 11
R2.1 MCV: Gay killers escape murder sentence 27 OCT 09

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HIV Aids Legislation/Cases/References
1.

State

Criminal Code Act 1899 [L1.1]

Section 317 Acts intended to cause grievous bodily harm and other malicious acts

Any person who, with intent –

(a) to maim, disfigure or disable, any person; or

(b) to do some grievous bodily harm or transmit a serious disease to any person; or

(c) to resist or prevent the lawful arrest or detention of any person; or

(d) to resist or prevent a public officer from acting in accordance with lawful authority -

either -

(e) in any way unlawfully wounds, does grievous bodily harm, or transmits a serious disease to, any person; or

(f) ... (k)

is guilty of a crime, and is liable to imprisonment for life.

See also: FEDERAL - HIV / Aids

2.

Courts & Tribunals

On 06 April 2016, the High Court of Australia overturned the Queensland Supreme Court finding that Godfrey Zaburoni was guilty of ''intentionally transmitting a serious disease'' and sentencing him to imprisonment for nine years and six months. The High Court ruled that it could not be proved Godfrey Zaburoni ''intended'' to transmit HIV to his former partner and established that if a HIV-positive person has sex with someone without condoms, it cannot be inferred they intended to transmit HIV [C2.3], [R2.2].

In December 2005, a man has been jailed for ten years for deliberately infecting his gay lover with HIV, after telling him on more than one occasion he had tested negative for the virus [R2.1]

L1.1 Criminal Code Act 1899 (Accessed 01 NOV 09)
C2.3 Order: Godfrey Zaburoni v. The Queen [2016] HCA 12 PDF 175.17kb 06 APR 16
R2.2 StarObserver: Landmark High Court case sets new HIV transmission standard 08 APR 16
R2.1 The Weekend Australian: Man Jailed for HIV Infection 10 DEC 05
Homosexuality, Sodomy Legislation/Cases/References
1.

State

Section 208 (1) of the Criminal Code in Queensland makes consensual anal sex (sodomy) unlawful unless the parties are 18 years of age. However, other forms of consensual sexual activity are lawful at age 16 [L1.11].

Section 229B.(1) provides that - Any adult who maintains an unlawful relationship of a sexual nature with a child under the prescribed age is guilty of a crime and is liable to imprisonment for life.

(10) In this section--"prescribed age" means--

(a) to the extent that the relationship involves an act defined to constitute an offence in section 208 or 209 -- 18 years; or

(b) in any other case -- 16 years [L1.10].


On 10 October 2017, the Parliament passed the Criminal Law (Historical Homosexual Convictions Expungement) Bill. The Act commences on a day to be fixed by proclamation. Those with convictions relating to ''illegal homosexual activity'' dated before 19 January 1991, will be able to apply to the Department of Justice and Attorney-General to have the historical charges removed and will be judged on a case-by-case basis [R1.10].

On 14 June 2017, it was reported that people who were charged with historical gay sex offences will not have their charges expunged if they were aged 16 or 17, despite the age of consent since being lowered to 16 and Queensland teens charged with anal sex between 1991 (when homosexuality was decriminalised) and 2016 will also not be able to apply under the proposed expungement scheme [R1.9].

On 11 May 2017, the Queensland government introduced the Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017 to throw out past criminal convictions for homosexuality, with the premier delivering an official apology [L1.8], [R1.7].

On 29 November 2016, the Attorney-General Yvette D'Ath tabled the Law Reform Commission Report No. 74, Expunging criminal convictions for historical gay sex offences and announced that legislation would be introduced in "the early part of 2017" following a period of consultation [D1.6], [R1.5].

On 17 June 2016, the Government introduced the Health and Other Legislation Amendment Bill that if passed will amend the Criminal Code and standardise the age of consent for all sexual activity at 16 years and replace the discriminatory references to sodomy with anal intercourse [L1.4], [R1.3].

On 13 January 2015, the Queensland Government was reported to have referred the issue of how to expunge historic convictions for gay sex from a person's criminal record for consideration by the Queensland Law Reform Commission [R1.2]. The QLRC is expected to report back by the 31st of August after a statewide consultation with public and legal stakeholders [R1.1]

2.

Courts & Tribunals

On 28 April 2017, the Supreme Court allowed the appeal of KMB against the refusal of the Legal Practitioners Admission Board to declare that his 05 November 2008 guilty plea to two counts of unlawful sodomy and to two counts of indecent treatment of a child under 16 would not adversely affect his admission as a legal practitioner. The Court ordered the decision of the Legal Practitioners Admissions Board be set aside as, the matters contained in the applicant's application to the Board do not, without more, adversely affect an assessment as to whether the appellant is a fit and proper person to be admitted to the legal profession under the Legal Profession Act 2007 (Qld) [C2.4], [R2.3].

In August 2005, the Queensland Anti-discrimination Commissioner wrote to the Government recommending reform of the state's sodomy law criminalising anal sex [R2.2].


In July 2000, a Brisbane man charged with receiving oral sex in a park had the case thrown out yesterday because a magistrate found the public could not have seen him [R2.1].

L1.11 Criminal Code Act 1899 (Accessed 01 NOV 09)
R1.10 TheCourierMail: Queensland Parliament: Legislation passed to expunge convictions over historical homosexual convictions 10 OCT 17
R1.9 BrisbaneTimes: Recent sodomy charges won't be expunged under new reforms 14 JUN 17
L1.8 Bill: Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017 (Accessed 21 MAY 17)
R1.7 News.com: Qld throws out past gay convictions 11 MAY 17
D1.6 Queensland Law Reform Commission: Expunging criminal convictions for historical gay sex offences Report No. 74 PDF 2.09MB, AUG 16
R1.5 ABCnews: Historical gay sex convictions to be wiped under new Queensland law aiming to redress discrimination 29 NOV 16
L1.4 Explanatory Notes: Health and Other Legislation Amendment Bill PDF 100.98kb 15 JUN 16
R1.3 BrisbaneTimes: Queensland to standardise sex consent laws and finally end gay discrimination 16 JUN 16
R1.2 abcNEWS: Queensland Government moves to expunge convictions for gay sex under historic laws 13 JAN 15
R1.1 StarObserver: Expungement of historical records for Queensland gay men one step closer 13 JAN 15
2. Courts & Tribunals
C2.4 Orders: KMB v. Legal Practitioners Admissions Board (Queensland) [2017] QCA 76 PDF 165.00kb 28 APR 17
R2.3 TheSydneyMorningHerald: Former male prostitute who had sex with a 15-year-old now wants career in law 01 MAY 17
R2.2 MCV: "Qld Reform" 04 AUG 05 page 03
R2.1 The Courier-Mail: 'Non-public' Sex Charge Thrown Out 22 JUL 00
Insurance Legislation/Cases/References
1.

State

On 21 September 2016, it was suggested that in the event of physical injury occurring at an organised community gathering, Medicare may not provide cover, referring the injured to the organisers public liability insurance. Where there is no such insurance, all the people that organised the event (even if there is a committee or not) may become personally liable, even if they werenít there. In taking out a public liability insurance policy, take care to ensure your activities are covered [R1.1].

R1.1 qNews: Running A Community Group Could Cost Organisers Their House 21 SEP 16
Marriage Legislation/Cases/References
1.

National

The Federal Marriage Act 1961 governs marriage in Australia

See: FEDERAL - MARRIAGE

   
Military Legislation/Cases/References
1.

National

The Federal Defence Act 1903 governs Military matters in Australia

See: FEDERAL - MILITARY

   
Parenting: Adoption, Fostering Legislation/Cases/References
1.

State

Adoption of Children Act [L1.7]

Section 12 Persons in whose favour adoption orders may be made

"(1) Subject to this section, an adoption order shall not be made except in favour of a husband and wife jointly."


There would appear to be no absolute prohibition against a single gay man or lesbian fostering children

The Child Protection Act 1999 [L1.6]

Division 3 Approval of foster carers and kinship carers

Section 132 Holding a certificate

"(1) Only an individual is eligible to hold a certificate.

(2) Two or more individuals may hold a certificate jointly.

(3) A person living with his or her spouse may only hold a certificate jointly with the spouse.

Section 133 Process for initial issue of a certificate

(1) A person may apply to the chief executive to be issued with a certificate

(2) The application must be in the approved form

(3) The approved form may require disclosure of any of the following –

(a) ... (e) refers to various aspects of the applicant's life and household.


Developments:

On 02 November 2016, the Parliament narrowly passed the Adoption and Other Legislation Amendment Bill (43 ayes, 43 noes, with the Speaker casting his vote with the ayes). The Bill will enable allow same-sex couples, single people and those undergoing fertility treatment to adopt once it is signed into law [R1.5].

On 14 September 2016, Communities Minister Shannon Fentiman introduced the Adoption and Other Legislation Amendment Bill PDF 410.50kb to amend the Adoption Act 2009, to allow same-sex couples, single people and those undergoing fertility treatment to adopt. The Bill has yet to pass the Parliament [R1.4].

On 06 August 2016, Communities Minister Shannon Fentiman was reported to have announced that the government would remove discriminatory laws in the Adoption Act that stop gay and lesbian couples from adopting children> The government would table a bill later this month [R1.3].

In July 2004, the scrapping of eligibility criteria including the age, marital status and fertility of people seeking to adopt was mooted, which if approved would enable people aged up to 50, those in same-sex relationships and single people eligible to apply to adopt children [R1.2].

In November 1996, the State's Minister for Family Services, Kevin Lingard, told Parliament that single men and lesbian couples will no longer be allowed to foster children in Queensland [R1.1].

2.

Courts & Tribunals

On 30 November 2015, Justice Michael Kent in the Family Court of Australia at Brisbane ordered a baby girl (born June 2013) who was relinquished by her mother at birth into the quasi-adoptive care of lesbian couple Ms Blaze and Ms Darnley, be ''transitioned'' back to her biological family after the mother later 'changed her mind'. The Court ordered the girl's surname to be changed from Blaze-Darnley to Grady-Harper and as part of the transition process, the girl will spend one weekend a month with Ms Blaze and Ms Darnley, however they will have no legal parental responsibility for her [C2.7], [R2.6].

On 09 May 2014, Justice Ann Lyons in the Supreme Court ordered that the same-sex partner of 20 years of the biological mother of two children, be registered as parent and the sperm donor father's name be removed. In 2010 Queensland laws were changed retrospectively to allow a lesbian couple to be recorded on a birth certificate as “mother” and “parent” [C2.5], [R2.4].

On 06 July 2012, Federal Magistrate Margaret Cassidy reportedly granted a lesbian couple, who separated last August, "equal shared parental responsibility" after she concluded the boys had a "close and attached" relationship with both women [R2.3].

On 24 December 2010, Justice Paul Cronin ordered inter alia that a lesbian mother be restrained from moving her daughter interstate until 31 December 2011, after a court ruled her ex-partner had the same rights as other parents, despite no biological link [C2.2], R2.1].

L1.7 Adoption of Children Act 1964 (Accessed 01 NOV 09)
L1.6 Child Protection Act 1999 (Accessed 01 NOV 09)
R1.5 TheCourierMail: Queensland Parliament votes to allow same-sex couples, singles to adopt 03 NOV 16
R1.4 YahooNews: Qld adoption bill set for political debate 02 NOV 16
R1.3 TheGuardian: Queensland proposes new laws for same-sex couples to adopt children 06 AUG 16
R1.2 Courier-Mail: Adoption Age Limit May Be Scrapped 10 JUL 04
R1.1 Melbourne Star Observer: QLD to Ban Gay Foster Parents 29 NOV 96
2. Courts & Tribunals
C2.7 Judgment" Blaze & Anor v. Grady & Anor [2015] FamCA 1064 30 NO15
R2.6 TheSydneyMorningHerald: Lesbian couple ordered to hand toddler back to biological mother 30 DEC 15
C2.5 Order: A & B v C [2014] QSC 111 RTF 206kb, 09 MY 14
R2.4 GNN/MCV: Queensland court rules for lesbian parents 30 MAY 14
R2.3 GNN / MCV: "Shared parenting responsibilities" for separated mums 06 JUL 12
C2.2 Family Court of Australia: Halifax & Fabian [2010] FamCA 1212 PDF 214.30kb, 10 FEB 11
R2.1 The Daily Telegraph: Lesbian mum stopped from moving daughter interstate away from ex-partner 17 FEB 11
Privacy Legislation/Cases/References
1.

Courts & Tribunals

On 16 June 2003, Senior Judge Skoien in the District Court found a new common law right to recover damages and awarded $178,000 with interest for breach of right to privacy [C1.1], declaring that the essential elements would be:

(a) a willed act by the defendant,

(b) which intrudes upon the privacy or seclusion of the plaintiff,

(c) in a manner which would be considered highly offensive to a reasonable person of ordinary sensibilities,

(d) and which causes the plaintiff detriment in the form of mental psychological or emotional harm or distress or which prevents or hinders the plaintiff from doing an act which she is lawfully entitled to do [at 444].

C1.1 AustLII: Grosse v. Purvis [2003] QDC 151, 16 JUN 03
Property Legislation/Cases/References
See also: [INHERITANCE]
1.

Federal

On 01 March 2009, the Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 (Cth) commenced operation.

The Family Court of Australia now has jurisdiction to decide property disputes between same-sex couples, one or both of whom were ordinarily resident in New South Wales, Victoria, Queensland. Tasmania, the ACT, the Northern Territory or Norfolk Island, for at least one-third of the duration of the relationship [ss90SD, 90SK, 90SL].

The Court has the power to divide property, and also superannuation, applying the same considerations as would be the case for matrimonial cases and to make orders for spousal maintenance in certain circumstances.

Same-sex partners should ensure that they at least make an appropriate statutory declaration to establish minimal proof that they are or were in a same-sex relationship [R2.4] and may also consider putting in place a cohabitation agreement or an agreement that complies with the Federal Family Law Act 1975 if they intend living together in a domestic or de facto relationship.

See: FEDERAL - PROPERTY

2.

State

Section 255 et seq of the Property Law Act 1974 [L2.5] sets out a procedure for resolving financial and property matters between de facto partners

Previously:

Queensland law did not recognise same-sex partners as next of kin, although they could leave property to each other in their Wills and give each other power of attorney [R2.4].


In September 2003, the De Facto Relationships Bill introduced in Queensland Parliament referred powers to deal with property matters when de facto relationship breakdown from Queensland's Property Law Act 1974 to the Commonwealth's Family Law Act 1975 [R2.3].

[Ed: The reference was accepted by the Rudd Federal governement though not by the previous Howard Federal Government].

In the absence of either a National or state-based registry, establishing documentary proof of a same-sex relationship may be advisable and at a minimum this could perhaps be achieved by both partners making a statutory declaration [R2.2].


In December 1999, same-sex couples won equal coverage under de facto property laws after [the] Queensland Parliament passed the Beattie Labor Government's bill [R2.1].

See also: GayLawNet® - Index - Information - Partners

3.

Courts & Tribunals

On 06 November 2014, Federal Circuit Court Judge John Coker said in his judgment he was “not overly convinced” that there was a de facto relationship between Regan and Walsh such as to found a claim against Walsh's property because the younger man Regan could not provide evidence of contributing to household expenses, declaring that a de facto relationship never existed between the Regan and the Walsh and ordering the application be dismissed [C3.2], [R3.1].

L2.5 Property Law Act 1974 (as at 29 AUG 07)
R2.4 The Australian: "Out, Proud and Parents" 16 JUL 02
R2.3 ARCQ: De Facto Relationships Bill Acknowledges the Reality of Same Sex Relationships 11 SEP 03
R2.2 Declared Relationships Statutory Declaration - Queensland Version PDF 35.38kb
R2.1 Sydney Star Observer: Queensland Victory in Property Law Reform 16 DEC 99
C3.2 Declaration and Order: Regan & Walsh [2014] FCCA 2535 Word 171kb, 06 NOV 14
R3.1 PinkNews: Court rules gay men who shared house for seven years were 'friends with benefits' 14 NOV 14
Superannuation Legislation/Cases/References
See also: [PROPERTY]
1.

National

The Federal Superannuation Act 1990 governs most non-government superannuation schemes in Australia.

See: FEDERAL - SUPERANNUATION

2.

State

The Discrimination Law Amendment Bill 2002 amended the Acts Interpretation Act 1954 so that "In an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family" (Section 32DA) [L2.1].

De facto partners in same-sex relationships (SSRs) now effectively have the same rights (and obligations) as married couples under State-based superannuation schemes

L2.1 Acts Interpretation Act 1954 (as at 28 SEP 07)
Violence: Bullying, Domestic Violence, Harassment, Vilification Legislation/Cases/References
See also: [HATE CRIMES]
1.

State

1.1 Anti Discrimination Act 1991

1.1.1 Sexual Harassment

Under Section 118 of the Anti-Discrimination Act 1991 it is unlawful to sexually harass another person in the same areas where DISCRIMINATION is unlawful, that is: employment, accommodation, education, provision of goods and services and disposal of land, clubs and club members, sport, administration of state laws, local government. There are exceptions in some areas.

The sexual orientation of the perpetrator or victim is irrelevant.

Sexual harassment is behaviour of a sexual nature that is unwelcome, unsolicited and unreciprocated. It can be physical, verbal, or written and can consist of unwelcome comments about a person's sex life or physical appearance; suggestive behaviour such as leering and ogling; unnecessary physical intimacy such as brushing up against a person; sexual jokes, offensive telephone calls, photographs, reading matter or objects; sexual propositions or continued requests for dates, physical contact such as touching or fondling; indecent assault or rape (which are also criminal offences).

See also: FEDERAL - DISCRIMINATION

1.1.2 Vilification

In April 2003, the Discrimination Law Amendment Bill 2002 amended the Anti Discrimination Act 1991 (Section 124A) to include new vilification laws prohibiting vilification on the basis of sexuality or gender identity [L1.9].

Previously:

In November 2002, the Parliament has passed the Discrimination Law Amendment Bill 2002 [R1.3/8] and it became law on 01 April 2003 [R1.7].

In May 2001, Queensland's Beattie Government passed anti-vilification legislation, making vilification on racial or religious grounds unlawful, but NOT on the grounds of sexual orientation or gender [R1.6].


1.2 Criminal Law Act 1899 [L1.5]

Section 75 Threatening violence

(1) Any person who -

(a) with intent to intimidate or annoy any person, by words or conduct threatens to enter or damage a dwelling or other premises; or

(b) with intent to alarm any person, discharges loaded firearms or does any other act that is likely to cause any person in the vicinity to fear bodily harm to any person or damage to property;

commits a crime.

Maximum penalty - 2 years imprisonment.

(2) If the offence is committed in the night the offender is guilty of a crime, and is liable to imprisonment for 5 years."

Section 246 Assaults unlawful

(1) An assault is unlawful and constitutes an offence unless it is authorised or justified or excused by law.

(2) The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person.

Violence or threats of violence should be reported to the police.


1.3 Domestic and Family Violence Protection Act 1989 [L1.4]

Section 11 What is domestic violence

(1) Domestic violence is any of the following acts that a person commits against another person if a domestic relationship exists between the 2 persons–

(a) wilfil injury;

(b) wilful damage to another person's property;

(c) intimidation or harassment of the other person;

(d) indecent behaviour to the other person without consent;

(e) a threat to commit and act mentioned in paragraphs (a) to (d).

Section 11A Relationships that are domestic relationships for this Act

(a) … (b)

(b) an intimate personal relationship

(c) … (d)

Section 12A What is an intimate personal relationship

(1) …

(2) Also, an intimate personal relationship exists between 2 persons, whether or not the relationship involves or involved a relationship of a sexual nature, if –

(a) … (b)

(3) …

(4) An intimate personal relationship may exist whether the 2 persons are the same or opposite sex.

(5) …


Previously:

In October 2001, Queensland's domestic violence laws were expanded to cover same sex couples. People with disabilities and people in dating relationships will also be able to apply for domestic violence protection orders (DVO) [R1.3].


In May 2001, the Queensland government released proposed reforms to domestic violence laws empowering same-sex couples and children to lay charges [R1.2].


On 12 November 1999, people in same-sex relationships finally won their long battle for equal rights to domestic violence protection orders and services after the Beattie Labor Government passed an amendment to the Act [R1.1].

2.

Courts & Tribunals

On 16 December 2014, after appeals going right up to the High Court, the Queensland Civil and Administrative Tribunal member Ann Fitzpatrick ruled that Ronald Owen had vilified Richelle Menzies and Rhonda Bruce and others in publishing his contempt towards homosexuals in a council report, a community newsletter and a website posting in 2005. He was ordered to to give a private apology - which must be “genuine, unqualified [and] in his own words” - to Menzies and Bruce by 9 January. The women had dropped any claim for financial damages [R2.5].

On 22 June 2012, the Court of Appeal found bisexuals could complain about being vilified on the grounds of homosexuality. President Margaret McMurdo said that vilification of a homosexual is also vilification of a bisexual at least where the bisexual person indentifies with homosexuals [C2.4], [R2.3].

In January 2010, a couple awarded compensation and costs by the Anti-Discrimination Tribunal in 2008 were seeking to enforce the order [R2.2].

In November 2008, the Anti-Discrimination Tribunal awarded $23,100 plus legal costs to two Logan Central residents, the victims of unlawful conduct that "caused offence, embarrassment, humilitation and intimidation" [R2.1].

L1.9 Anti Discrimination Act 1991 (Accessed 28 SEP 07)
R1.8 Attorney-General & Justice: Parliament Approves New Discrimination Laws 29 NOV 02
R1.7 MX News: "Queensland - Gay Law Change Sealed With A Kiss" 01 APR 03
R1.6 Queensland Pride: "Vilification Laws Prevent Evil" No 126, 13 JUN 01 page 6
L1.5 Criminal Law Act 1899 (Accessed 01 NOV 09)
L1.4 Domestic and Family Violence Protection Act 1989 (Accessed 01 NOV 09
R1.3 ABC News Online: Queensland's Domestic Violence Laws to be Expanded 30 OCT 01
R1.2 The Age: Domestic Violence Law Reforms to Cover Same Sex Couples in Queensland 08 MAY 01
R1.1 Queensland Pride: DV Equality Won Despite Hysteria DEC 99
R2.5 TheGuardian: Gympie women win judgment against Queensland councillor over 'sodomite' vilification 18 DEC 14
C2.4 Supreme Court of Queensland Library: Owen v. Menzies & Ors; Bruce v. Owen; Menzies v. Owen [2012] QCA 170 PDF 373.40kb, 22 JUN 12
R2.3 CourierMail: Court of Appeal finds gay vilification also impacts bisexuals 22 JUN 12
R2.2 SameSame: Gay Couple Seek Legal Costs 29 JAN 10
R2.1 MCV: Landmark Win for Vilified Couple 20 NOV 08

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