State

Criminal Code Act 1899 [L1.2]

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

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].

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].

State

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 [L1.4].

Previously:

In November 2002, the Parliament has passed the Discrimination Law Amendment Bill 2002 [R1.3] and it became law on 01 April 2003 [R1.2].

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 [R1.1].

Courts & Tribunals

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].

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 [R1.7].

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].

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].

National

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

See: FEDERAL - ASYLUM, IMMIGRATION, REFUGEES

National

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

See: FEDERAL - CHILDREN: ACCESS CUSTODY, VISITATION

State

On 23 February 2012, the Civil Partnerships Act 2011 will come into effect. This means that the earliest date couples can legally recognise their partnership in Queensland and the Commonwealth will be on 5 March 2012 (allowing for the 10 day cooling off period) [R1.13].

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

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].

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].

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].

Legislation

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 person’s sex after sexual reassignment surgery may be noted in the person’s 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].

State

Under Section 118 of the Anti-Discrimination Act 1991 [L1.1] 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

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 [R1.2].

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 [R1.2].

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 [R1.1].

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

Courts & Tribunals

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]

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 [L1.1].

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 [L1.1].

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 [R2.2].

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].

State

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 [L1.2].

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 [R1.1].

National

The Federal Marriage Act 1961 governs marriage in Australia

See: FEDERAL - MARRIAGE

National

The Federal Defence Act 1903 governs Military matters in Australia

See: FEDERAL - MILITARY

State

Adoption of Children Act [L1.4]

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 [L1.3]

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.

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].

Courts & Tribunals

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].

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

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

National

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

See: FEDERAL - SUPERANNUATION

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

State

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.

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].