LINKS:

• Campaigns
• Get Involved
• The Law and You
  • How The Law Works
  • Taking Action
  • Discrimination
  • Violence
  • Dealing With Police
  • Privacy And Confidentiality
  • Having Sex
  • Relationships
  • Parents And Children
  • Property
  • Death And Inheritance
  • Work And Money
  • Health
  • State Legislation
  • Commonwealth Legislation
  • Case Law
  • Case Studies
• Events
• Media
• Links
• About Us
• Contact Us

How The Law Works

 

‘RIGHTS' AND THE LAW

There is much debate in Australia about rights and their legal recognition. Although the Constitution does not contain any explicit statement of the rights of citizens as in a Bill of Rights, many rights have gradually become part of our law.

Laws change over time, as society's values change and as a result of social and political movements claiming rights. For example, the Victorian Parliament enacted the Charter of Human Rights and Responsibilities Act in July 2006. This legislation is intended to strengthen the protection of the human rights of all Victorians. This booklet does not focus on the debates about rights. Rather, it aims to explain the existing law, how it affects you and what you can do to strengthen your legal position. 

 

WHERE THE LAW COMES FROM

There are two main sources of law in Australia:

• Legislation, or Acts of Parliament.

This is made by both the State Parliament and the Commonwealth (federal) Parliament. There are also regulations made in conjunction with Acts of Parliament. Some of this legislation formalises Australia's commitment to international conventions.

• Common law.

This is made by judges in court when deciding cases. It has developed over time and often relies on principles of ‘fairness' and ‘reasonableness'.

STATE AND FEDERAL LAW

Some areas of law are federal and some are state. Federal laws apply throughout Australia. State law applies only in the state where it is made. This publication concentrates on the state and federal law that applies in Victoria.

  

LEGAL RECOGNITION FOR GAY COUPLES

In 2001 the Victorian Parliament passed the Statute Law Amendment (Relationships) Act and the Statute Law Further Amendment (Relationships) Act, giving same-sex couples legal recognition in a number of areas.

The main ones are:

• inheritance rights
• stamp duty exemption
• a system for property division if you split up
• accident and workers compensation if your partner dies
• partner's state superannuation
• recognition as ‘next of kin' for autopsies and tissue donation
• disclosure of partner's health information
• protection from discrimination on the basis of marital status
• recognition as a parent of a non-biological child in some cases.

These Acts did not create new rights specific to gay men and lesbians - rather, they reduced previous discrimination. Not all Victorian Acts have been amended in this way. A notable exception is that gay and lesbian couples don't yet have the right to adopt children. Couples may still face discrimination in the use of assisted reproductive technology in Victoria (see ‘Becoming a parent'). 

 

CONCEPT OF DOMESTIC PARTNER

These Acts created a new category of relationships, called 'domestic partner'. This covers all couples who aren't married, regardless of their gender. There are two definitions of 'domestic partner'.

See: ‘Relationships'

 

NO EFFECT ON FEDERAL LAW

These Acts amended Victorian law only. They did not remove discrimination against people in same-sex relationships under federal law. Nor did they give lesbians and gay men the right to marry or affect the status of gay and lesbian parents under the Family Law Act, as these are federal laws.

 

TRANSGENDER ISSUES

This publication deals primarily with the law as it affects gay men and lesbians. There is some discussion of the legal status of transgender people and the issues affecting them. However, the same laws don't always apply.

See: ‘Discrimination'

 

WHERE TO GET HELP

The Good Tranny Guide
A website listing support groups, tranny-friendly businesses and giving medical and legal information www.tgfolk.net/sites/gtg/index.html

Transgender Victoria
broad-based community group acting on behalf of all transgender people Tel 9517 6613 http://home.vicnet.net.au/~victrans/

Seahorse Club of Victoria
social and support group Tel 9513 8222
www.seahorse.com.au

Transgender Victoria
Self-help group for the transgender community Tel 9517 6613

Gender Identity Support Group
Tel 0421 209 608 www.gisg.org