State

Consensual sex between two persons aged 16 is lawful.

Section 46(1) of the Victorian Crimes Act 1958 [L1] provides that "A person must not take part in an act of sexual penetration with a child aged between 10 and 16 to whom he or she is not married."

There is some latitude where persons under 16 years engaging in consensual sexual activity may be excused provided there is not more than a two-year age differential between them [s46(2)] and that neither person is younger than 10 years [s45].

There are special provisions in the case where a person -

• is in a position of care, supervision or authority over the other [s48]
• has impaired mental functioning [s51]
• is a worker in a residential facility approved for mental health service or for the purpose of providing residential services to intellectually disabled people [s52].

Federal

The Federal Superannuation Act 1990 [L2.1] governs most non-government superannuation schemes in Australia.

See: FEDERAL – SUPERANNUATION

State

On 05 June 2001, the Statute Law Amendment (Relationships) Bill passed the Victorian Parliament replacing the definition of "de facto spouse" with a new definition of "domestic partner" [L2.3].

On 28 June 2001, the Statute Law Amendment (Relationships) Act 2001 was proclaimed [L2.2] and came into part operation on 23 August 2001 [L2.1].

Domestic partners in same-sex relationships (SSRs) now (with some relatively minor exceptions) effectively have the same rights (and obligations) to married and de facto couples under the following state superannuation schemes:

Country Fire Authority Act 1958
Emergency Services Superannuation Act 1986
Parliamentary Salaries and Superannuation Act 1968
State Employees Retirement Benefits Act 1979
State Superannuation Act 1988
Superannuation (Portability) Act 1989
Transport Superannuation Act 1988

State

Victoria has no GLBTI anti-vilification laws

Some discussion of a Federal Anti-Vilification law has been considered but not implemented [R1].

State

On 11 December 2008, the Assisted Reproductive Treatment Act 2008 was assented to [L1.1], giving single women and lesbians access to the technology in Victoria and allowing a non-biological partner to be included on a child's birth certificate as "parent" [R1.1].

Section 147 of The Act amended the Status of Children Act 1974 giving same-sex partners and "commissioning parents" of surrogate children legal parenting rights for the first time (Parts III, IV) [R1.1].

The Act has a default commencement date of 1 January 2010 (Section 2 (3)) [L1.1].

In June and July 2009, it was reported that delays in mandatory police checks will mean that same-sex couples requiring IVF treatment could be waiting five months [R1.2].

Previously:

In December 2008, the Assisted Reproductive Treatment (ART) Bill was passed by the upper house [R1.1].

In October 2008, the lower house passed the Assisted Reproductive Treatment (ART) Bill [R1.3].

In February 2008, the State Government adopted most of the Victorian Law Reform Commission's recommendations for assisted reproductive technology and surrogacy [R1.4], [R1.5]

In 2008, the legislation was expected to be introduced into Parliament giving some same-sex couples and single women more access to in-vitro fertilisation and surrogacy.

Section 59 of the Infertility Treatment Act 1995 provides -

"A person must not make, give or receive or agree to make, give or receive a payment or reward in relation to or under a surrogacy agreement or the arrangement of a surrogacy agreement or an arrangement to act as a surrogate mother.

"Penalty: 240 penalty units ($24,000) or 2 years imprisonment or both [L1.2].

It is also unlawful to advertise willingness to enter into a surrogacy agreement or seek a person willing to enter into such an agreement - s60 [L1.2].

In August 2004, under new guidelines The Royal Women's Hospital allowed assistance for lesbians and single women wanting to become pregnant. "Socially infertile" women - those unwilling or unable to have sexual intercourse with men - would not have access to IVF, or to donor sperm already held by the clinic, but a sperm donor can now be screened and counselled for the purposes of self-insemination by the woman [R1.6]

In August 2001, the Monash IVF Standards Committee has decided to consider and HIV positive women for IVF treatment [R1.7].

In February 2001, the Infertility Treatment Authority (ITA) narrowly interpreted the Federal Court ruling to only allow such treatment to single women who are incapable of 'natural' conception, thus apparently distinguising between 'medical infertility' and 'social infertility' [R1.8].

Courts & Tribunals

In January 2011, Justice Paul Cronin in the Family Court of Australia at Melbourne granted full parental status for the non-genetic father saying, "In this case, the children do not have the benefit of a mother, but they have the good fortune of having two fathers" [R2.4].

In April 2002, the full bench of the High Court of Australia rejected an application by the Australian Catholic Bishops Conference seeking reconsideration of the Federal Court ruling that Victorian laws restricting access to IVF were overridden by the Federal Sex Discrimination Act, dismissing the application with costs [R2.1].

In August 2000, the Federal Howard Government mooted the amendment of the Sex Discrimination Act to overturn the effects of the judgment. It is unlikely that the Federal Senate will pass the Bill [R2.2].

In July 2000, the Federal Court 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 [C2.1], R2.3].

National

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

National

The Federal Family Law Act 1975 governs access to and custody of children matters in Australia

State

In December 2012, gay rights advocate Dennis Altman discovered that Victorian law denies him being recognised as Anthony Smith's de-facto partner as death certificates in Victoria have no provision to recognise the deceased as having been in a de-facto relationship [R1.16].

In January 2010, the Department of Justice's Births Deaths and Marriages reportedly would no longer allow couples to register their relationships unless both are Australian citizens or have permanent resident status [R1.15].

As from 01 December 2008, gay and de facto couples are able to formally register their relationships in Victoria after the Legislative Assembly passed the Relationships Act 2008 on 13 March 2008 [L1.14], [R1.13].

Couples apply to register their partnership through the Registry of Birth Deaths and Marriages, click on "Relationship Registration" read the information provided and download the "Application to register a domestic relationship" [a PDF document of 1,978 KB, 6 pages].

Previously:

In April 2008, the Relationships Bill was passed in the upper house 29–10 [R1.12].

In February 2008, the Relationships Bill was scheduled to be debated sometime between the 26th and 29th [R1.9].

In December 2007, the Relationsdhips Bill was introduced into State Parliament [R1.8].

In April 2007, Premier Steve Bracks announced that the state government would move to introduce a register for same-sex and defacto couples plus people in long-term care giving relationships before years' end [R1.7].

On 28 June 2001, the Statute Law Amendmentment (Relationships) Act 2001 [L1.6] was proclaimed [L1.5] replacing the definition of 'defacto spouse' with 'domestic partner' in Victorian legislation affecting property related benefits, compensation schemes, (state) superannuation schemes, health related legislation, criminal law legislation, consumer and business legislation, the Equal Opportunity Act 1995 and Guardianship and Administration Act 1986 [R1.4].

For most purposes, the "domestic partner" of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender).

The Statute Law Amendmentment (Relationships) Act 2001 did not create any form of marriage or registered domestic partnership.

Same-sex couples who choose not to register their relationship under the Relationships Act 2008 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 [R1.3].

Unregistered same-sex couples may not make a claim for adjustment of property interests or maintenance unless the domestic partners have lived together in the relationship for a period of at least 2 years [Section 42 (2) (c)]

On 23 August 2001, the Statute Law Amendment (Relationships) Act 2001 came into part operation [L1.2].

On 05 June 2001, The Statute Law Amendment (Relationships) Bill passed the Victorian Parliament replacing the definition of "de facto spouse" with a new definition of "domestic partner" [R1.1].

See also 2. Cities & Towns below.

Cities & Towns

In October 2009, the City of Melbourne Relationship Declaration Register was voted back in by the Melbourne City Council. The Council register only needs one partner to be a permanent resident of Victoria while the Victorian (State) register demands both partners reside permanently. Another benefit of registration ($80) is that it "may be used as one of the pieces of information supplied to affirm a relationship, when one partner wishes to apply for permanent residency in Australia" [R2.4].

On 02 April 2007, the City of Melbourne launched its Relationship Declaration Register [R2.3]. Whilst being now superceded by the Relationships Act 2008, a relationship declaration did not confer legal rights in the way marriage or registered domestic partership does. A previously made declaration may however be used in legal proceedings brought pursuant to the Relationships Act 2008, Property Law Act 1958, the Administration and Probate Act 1958 or other legislation involving domestic partnerships.

Previously:

In April 2006, the Melbourne City Council announced the proposal to set up a "relationship register" for same-sex couples to publicly declare their partnerships [R2.2].

In March 2007, it was mooted that the City of Moreland would introduce a same-sex relationships register however apparently nothing eventuated [R2.1].

Courts & Tribunals

In April 2010, the Victorian Registry of Births, Deaths and Marriages said it will drop its appeal against a Victorian Civil and Administrative Tribunal (VCAT) decision allowing an interstate couple to register their relationship in Victoria [R3.3].

Previously:

In March 2010, the Victorian Registry of Births, Deaths and Marriages reportedly would appeal a Victorian Civil and Administrative Tribunal (VCAT) decision to allow an interstate couple to register their same-sex relationship in Victoria (see below) [R3.2].

In February 2010, the Victorian Civil and Administrative Tribunal (VCAT) ordered the Register of Births, Deaths and Marriages to register a gay couple's previously rejected application to register their relationship. Whilst the Act requires that both partners must be "domiciled or ordinarily resident" in Victoria (Section 6 (a)), VCAT member Don O'Halloran said, "what is critical is that the applicants were physically present in Victoria when they formed their respective intentions to make their home indefinitely in Victoria" [R3.1].

State

On 01 June 2011, the Equal Opportunity Amendment Bill 2011 passed in the House of Assembly and must now be passed in the upper house Legislative Council [R1.12].

On 05 May 2011, the Equal Opportunity Amendment Bill 2011 was introduced which, if passed, will reinstate laws allowing religious organisations to only employ staff that share or conform to their beliefs and limit the powers of Victoria's Equal Opportunity Commission to investigate discrimination claims [R1.11].

Previously:

On 15 April 2010, the Upper House passed the Equal Opportunity Bill in a 22–18 vote. The new legislation will come into effect in August 2011 and allow the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) to investigate at will and require religious employers to prove why they need to discriminate on the basis of marital status, sexuality or gender [R1.10].

On 01 January 2008 the Charter of Human Rights and Responsibilities Act came into force. This Act prohibits discrimination based on sexual orientation [L1.9].

On Wednesday 06 September 2000 at 9:33 p.m., the Equal Opportunity (Gender Identity and Sexual Orientation) Bill finally passed the Legislative Council [R1.8].

The Bill amended the Equal Opportunity Act 1995 [L1.7] making it unlawful to discriminate on the basis of a person's sexual orientation (previously "lawful sexual activity") in the areas of employment, accommodation, education, provision of goods and services and disposal of land, clubs and club members, sport and local government.

The Bill also makes it unlawful to discriminate against transgender people in Victoria by and adding 'gender identity' to the list of attributes under which discrimination is prohibited.

The Federal Disability Discrimination Act 1992 [L1.6] makes it unlawful to discriminate against a person (in the areas of employment, accommodation, education, provision of goods and services and disposal of land, clubs and club members, sport and local government) because he or she is living with HIV or AIDS, is thought to be living with HIV or AIDS, may have HIV/AIDS in the future, is an associate of someone who is (or is assumed to be) HIV positive or have AIDS, or is the carer of someone who has aids.

However, as a result of an Australian High Court ruling in December 1999 [R1.5], employees may in certain circumstances be liable to discharge if they are HIV positive.

The Federal Sex Discrimination Act 1984 [L1.4] makes it unlawful to discriminate on the basis of a person's sex (not "sexual orientation"), marital status, or pregnancy or to sexually harass a person or dismiss a person from their job because of their family responsibilities, in similar circumstances to the foregoing, including participating in Commonwealth programs.

On 27 September 2009, Attorney-General Rob Hulls announced that religious groups would no longer be able to discriminate on the grounds of race, disability, age, physical features, political belief or activity – and breastfeeding. However, under the proposed changes to the Equal Opportunity Act, religious groups can still discriminate on the basis of sexuality and marital status [R1.3].

In June 2009, beyondblue, Australia's national depression body, reportedly had abandoned the gay community and ignored its high rates of suicide, self-harm and mental illness [R1.2].

In February 2008, the Greens pushed for an end to exemptions in the Equal Opportunity Act which allow religious schools and small businesses to discriminate on the grounds of sexuality, gender identity, and other grounds [R1.1].

Courts & Tribunals

Late November 2010, the Christian Brethren owned Christian Youth Camps Ltd (CYC) lodged an appeal against the Victorian Civil and Administrative Tribunal (VCAT) decision that found it had discriminated against WayOut – a rural youth group for same-sex attracted young people – in refusing them accommodation in 2007 [R2.4].

Previously:

On 08 October 2010, Judge Felicity Hampel in the Victorian Civil and Administrative Tribunal upheld a complaint from a gay youth support group after a Christian youth camp refused them accommodation, claiming it was against their position on homosexuality, and ordered they pay $5000 compensation [C2.3], [R2.2].

In July 2009, the Victorian Civil and Administrative Tribunal ruled that a company specialising in lesbian parties was allowed to ban men from its events [R2.1].

Federal

On 01 March 2009, the Family Law Amendment (De facto Financial Matters and Other Measures) Act 2008 (Cth) commenced operation [R1.1].

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 [R1.1].

State

On 30 June 2010, the Superannuation Legislation Amendment Bill (Act No. 40/2010) was assented to, amending existing law to entitle same-sex partners of judges, police officers and emergency services personnel who are employees of the state to equal treatment of their super with regard to their same-sex partners, specifically with regard to reversionary pensions (pensions that continue to be paid to a beneficiary after the death of the original recipient) [R2.8].

On 28 June 2001 the Statute Law Amendment (Relationships) Act 2001 was proclaimed [L2.7] and came into part operation on 23 August 2001 [L2.6]. The last part of the Act came into force 8 November 2001.

On 05 June 2001, the Statute Law Amendment (Relationships) Bill passed the Victorian Parliament replacing the definition of "de facto spouse" with a new definition of "domestic partner" [L2.5].

As a consequence, domestic partners in same-sex relationships (SSRs) now effectively have the same rights (and obligations) to married and de facto couples under the following property related legislation:

Administration and Probate Act 1958 (from 08NOV01)
Duties Act 2000
First Home Owner Grant Act 2000
Land Act 1958
Land Tax Act 1958
Landlord and Tenant Act 1958
Perpetuities and Accumulations Act 1968
Property Law Act 1958 (from 08NOV01)
Residential Tenancies Act 1997
Retail Tenancies Reform Act 1998
Sale of Land Act 1962
Stamps Act 1958 (from 08NOV01)
Wills Act 1997.

In terms of resolving disputes concerning property it is still considered advisable to consider putting in place property, co-ownership or cohabitation agreements or establishing a trust [R2.4].

Establishing proof that an unregistered same-sex couple are or were in a SSR may also be advisable and at a minimum this could perhaps be achieved by both partners making an appropriate statutory declaration [R2.3].

Other problems may arise if you are seriously incapacitated [R2.2].

The Statute Law Amendment (Relationships) Act 2001 [L2.3/4] (the Act) amended the Victorian Administration and Probate Act 1958 [L2.2/3] with respect to persons who die intestate (without a will).

As from 08 November 2001: if a person dies intestate (without a Will) as to an interest in the person's shared home, the person's domestic partner may elect to acquire the interest at its value at the date of the person's death.' [Section 37A].

Also, a registered domestic partner (or an unregistered domestic partners of two years duration) is entitled to an interest in an intestate's residuary estate. Where the deceased leaves a spouse and a domestic partner, entitlements are regulated as follows [Section 51A]:

A validly executed Will is still necessary to ensure that a same-sex partner receives any intended benefit [R1.1/2.2].

On 01 March 2009, the proposal to refer the State powers to resolve property disputes between partners to the Commonwealth and Family Court of Australia was effected with the coming into effect of the Federal Family Law (Amendment (De Facto Financial Matters and Other Measures) Act 2008 [R2.1].

Courts & Tribunals

On 29 February 2012, in what is believed to be the first same-sex will dispute in Victoria, Juanito Estrella claimed he was in a secret same-sex de facto relationship for 25 years and was awarded $300,000 from his late partner's estate [C3.2], [R3.1].

State

On Wednesday 06 September 2000, at 9:33 p.m., the Equal Opportunity (Gender Identity and Sexual Orientation) Bill finally passed the Legislative Council [R1.6].

The Bill amended the Equal Opportunity Act 1995 [L1.5] making it unlawful to discriminate on the basis of a person's 'gender identity' in the areas of employment, accommodation, education, provision of goods and services and disposal of land, clubs and club members, sport and local government.

From January 2005, the law in Victoria allows transsexuals born in Victoria and who have undergone "sex affirmation surgery" to amend their birth certificates to reflect their affirmed gender [R1.4]. The law doesn't allow birth certificate changes for transgender individuals who have not undergone surgery but are having extensive, long-term hormone treatment.

In May 2004, the Legislative Assembly passed the bill allowing birth certificate changes for unmarried, post-operative transsexuals born in Victoria. The Legislative Council supported the measure [R1.3].

In May 2004, a transgender recruit was accepted into the Victoria Police Academy [R1.2]

In January 2003, Alex MacFarlane was believed to be the first Australian issued with a birth certificate acknowledging a gender other than male [or] female, and was issued with a passport showing "X" in the sex field [R1.1]

Rather Alex's birth certificate, issued in Victoria, says "indeterminate - also known as intersex".

Courts & Tribunals

In May 2009, the Chief Justice of the Family Court Diana Bryant ruled that a 17-year-old female to male transsexual be allowed to undergo a double mastectomy [R2.5].

In May 2007, the Victorian Civil and Administrative Tribunal granted two women-only rooming houses the right to refuse access to transsexual tenants [R2.4].

On 16 August 2006, Heery J in the Federal Court of Australia ruled that the refusal of the registrar to issue a new birth certificate following sex affirmation surgery was not contary to the Sex Discrimination Act 1984 (Cth) [R2.3].

On 29 August 2007, the Full Court of the Federal Court of Australia comprising Black CJ, Kenny and Gyles JJ dismissed an appeal [C2.2].

In August 2005, the Victorian Court of Appeal ruled that a man who claims he was misdiagnosed as a transsexual can sue the medical team that advised him to have a sex change [R2.1].

State

On 02 December 2009, the Sentencing Amendment Act 2009 came into force requiring the court to consider a motivation of hatred or prejudice against a group of people when sentencing an offender [R1.4].

Sentencing Act 1991 Part 2 – Governing Principles [L1.3]

Section 5 Sentencing Guidelines

(2) In sentencing an offender a court must have regard to –

[…]

(daaa) whether the offence was motivated (wholly or partly) by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated; and …

Previously:

There was no hate crime law in Victoria.

On 22 September 2009, the Sentencing Amendment Bill 2009 was introduced to Parliament to amend Section 5(2) to provide that in sentencing an offender, a court must have regard to whether the offence was motivated (wholly or partially) by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated [R1.2].

In August 2009, the Victorian Government recommitted to introduce anti-hate sentencing legislation. The legislation is due to go before Parliament before the end of the year [R1.1].

Discrimination

The Federal Disability Discrimination Act [L1.3] makes it is unlawful to discriminate against a person (in the areas of employment, accommodation, education, provision of goods and services and disposal of land, clubs and club members, sport and local government) because he or she is living with HIV or AIDS, is thought to be living with HIV or AIDS, may have HIV/AIDS in the future, is an associate of someone who is (or is assumed to be) HIV positive or have AIDS, or is the carer of someone who has aids.

In December 1999 however, as a result of an Australian High Court ruling [R1.2], employees may in certain circumstances be liable to discharge if they are HIV positive.

The Monash IVF Standards Committee has decided to consider and HIV positive women for IVF treatment [R1.1].

Health Records

Under the Health Records Act 2001 [L2.2] Individuals have a right to apply for their health information [R2.1].

The Act came into effect on 1 July 2002.

Offences

It is an offence to intentionally cause another person to be infected with a very serious disease [L3.3].

In January 2009, ACON once again declared its opposition to the criminalisation of HIV transmission, after the jailing of Victorian man Michael John Neal for deliberately trying to infect others with HIV [R3.2].

In March 2003, the Melbourne Magistrates' Court ordered the Victorian Health Department to release confidential records of a man police are investigating for knowingly spreading HIV [R3.1].

Offenders

In May 2000, The HIV/AIDS Legal Centre (HALC) [R4.2] published the HIV/AIDS Sentencing Kit - 3rd Edition for the use of legal representatives.

The Kit presents arguments why people with HIV/AIDS facing custodial sentence should sometimes receive a reduced sentence or a non-custodial sentence.

The document may be downloaded from the HALC Web Site [R4.2] or GayLawNet® [R4.1]

State

On 01 March 1981, the Crimes (Sexual Offences) Act 1980 was proclaimed, decriminalising consensual sex between men [L1.2].

The law has never proscribed against female same-sex sexual activity.

On 17 December 2012, the Government was reported to be considering legislation to erase the convictions of men who were prosecuted for consensual gay sex before the law was changed in 1981 [R1.1].

State

In February 2012, gay Melbourne couple Simon Mallia and Lee Milne reported that they were forced to undergo blood and medical tests as part of an application for income protection insurance and labelled the requirements "insensitive, invasive and discriminatory" [R1.1].

The application asked if they had "ever engaged in sexual activity with, or worked as, a prostitute; or engaged in anal sexual activity". After answering "yes", they received a separate confidential questionnaire asking if they had ever used intravenous drugs, had a sexually transmitted disease or practised safe sex [R1.1].

National

The Federal Marriage Act 1961 governs marriage in Australia

See: FEDERAL - MARRIAGE

[Ed: On 16 August 2044, the Commonwealth (Federal) Marriage Act was amended to stipulate that marriage was the voluntary and exclusive union of one man and one woman and to exclude same-sex couples. As States have residual powers, it is argued that the States now have the power to introduce laws permitting same-sex couples to marry.]

State

On 06 June 2012, Victorian Greens MLC Sue Pennicuik introduced the “Marriage Equality Bill 2012” to legalise same-sex marriage in Victoria [L2.2], [R2.1].

National

The Federal Defence Act 1903 governs Military matters in Australia

Adoption

The Victorian Adoption Act 1984 Section 11 [L1.1/2] provides -

(1) "An adoption order may be made in favour of a man and a woman (emphasis added) -
(a) who are married to each other and have been so married for not less than two years; or
(b) whose relationship is recognized as a traditional marriage by an Aboriginal community or an Aboriginal group to which they belong and has been so recognized for not less than two years; or
(c) who are living in a de facto relationship and have been so living for not less than 2 years; […]"

At present there is no legislation contemplated that specifically authorises the adoption of children by same-sex couples.

The non-biological partner in a gay couple is not seen as a legal parent. The non-biological has to apply for a parenting order from the Family Court to have any legal parenting rights and a parenting order only lasts until the child is 18 years old [R1.1/1].

However, see 2. Courts & Tribunals below.

Fostering

There is no prohibition on same-sex couples fostering a child however, the approved foster care agency would have to satisfy itself that it was in the best interests of the child and comply with the provisions of the Children's and Young Persons Act 1989 [L2.3].

The normal process includes a number of interviews that may be fairly probing. Applicants may be required to undergo police checks and training [R2.1].

An application to the Court would be required to obtain a permanent care order.

In May 2010, a recent set of guidelines for Victorian foster care agencies produced by The Centre for Excellence in Child and Family Welfare states: "Children learn about the world in many different ways. Modelling respective and supportive relationships and behaviours is the work of all people and should not be limited by existing gender stereotypes" [R2.1].

Surrogacy

On 11 December 2008, Section 147 of Assisted Reproductive Treatment Act 2008 amended the Status of Children Act 1974 (Parts III, IV) giving same-sex partners and "commissioning parents" of surrogate children legal parenting rights for the first time (Parts III, IV). The Act has a default commencement date of 1 January 2010 (Section 2 (3)) [L3.1].

Courts & Tribunals

In September 2010, in what is believed to be a first for Victoria, a judge allowed a gay man who is in a relationship to adopt his foster child himself to comply with Victorian laws that make it illegal for gay couples to adopt a child together [R4.2].

In July 2003, Family Court Justice Joseph Kay ruled a Victorian man who donated his sperm in the "usual and customary manner" - by having sex with a lesbian - was been found liable to pay child support [R4.1].

Courts & Tribunals

There is no specific tort of invasion of privacy in Australia or Victoria [R1.1].

However, the law of breach of confidence has so developed and exanded … to include what looks very like a de facto equitable doctrine of breach of privacy [R1.1].

State

Bullying

On 07 June 2011, the Crimes Amendment (Bullying) Act 2011 ("Brodie's Law") amended Section 21A of the Crimes Act 1958 whereby –

• making threats to the victim (2) (da),
• using abusive or offensive words to, or in front of, the victim (2) (db),
• performing abusive or offensive acts in the presence of the victim (2) (dc),
• directing abusive or offensive acts towards the victim (2) (dd) or
• acting in a way that could reasonably be expected to cause physical or mental harm to the victim, including causing the victim to self-harm (including suicide) (2) (g)

became offences the maximum penalty for which is 10 years imprisonment [L1.5/8].

Domestic Violence

In December 2008, the Family Violence Protection Act 2008 expanded the definition of 'family member' to include same-sex couples, non-biological parents, a person who is or has been ... a domestic partner or has or has had an intimate personal relationship with the relevant person and a child who normally or regularly resides with the relevant person [L1.4/7].

Intervention Orders may issue where there is physical or sexual abuse, emotional or psychological abuse, financial and economic abuse, threatening behaviour, coercion, or any other behaviour which controls or dominates a family member or causes them to feel fear for their safety and well-being or that of other family members [L1.4/7].

Violence or threats of violence are an assault and should be reported to the police. It is also possible to seek assistance from the Victims Referral & Assistance Service.

In some circumstances a claim for compensation may be pursued through the Court to recover damages for injuries, the death of the victim, and pain and suffering.

The Statute Law Amendment (Relationships) Act 2000 brought 'domestic partners' under the Victims of Crime Assistance Act 1996 [L1.3/6].

Harassment, Victimisation

Under the Equal Opportunity Act 2010 [L1.3/5] 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, 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).

s103 of the Act also provides that "A person must not victimise another person". The introduction of the concept of a seperate actionable wrong brings the possibility of redress for employees previously unable to bring an action for discrimination against their employers [C1.2/4].

The concept of victimisation may apply also to the situation where one supervisory employee has greater power than the second person and is able indirectly or directly to affect the second person's working conditions or career prospects [C1.1/3].

In July 2007, Victoria Police was encouraging the gay community to report prejudice-motivated crime with the launch of a new online information source [R1.2].

From 26 April 2007, victims of sexual assault can obtain help from one central location. The Peninsula Sexual Assault Centre (347 Nepean Highway, Frankston, T: 9928 8741) brings police, counsellors and medical staff together under the one roof [R1.1].

Courts & Tribunals

On 11 August 2004, it was reported that Victorian publican Rodney Keogh, who told people that one of his workers "likes boys" was found guilty of sexual harassment by Judge Barry Dove in the Victorian Civil and Administrative Tribunal, who awarded the worker $8500 in damages and lost wages [R2.1].

State

If the death of a person is caused by a wrongful act neglect or default that would (had the death not occurred) have entitled the deceased person to maintain an action and recover damages, then the person who would have been liable remains liable to such an action for damages [L1.1].

The action may be brought by the executor or administrator on behalf of the deceased's dependants and "dependants" means:

"[...] such persons as were wholly mainly or in part dependent on the person deceased at the time of his death or who would but for the incapacity due to the injury which led to the death have been so dependent."

Such a dependent could be a same-sex domestic partner.