PILCH Report On Legal Need in The GLBTI Community (FINAL - 19 11 10)

Equal Access to the Justice System:
Report on Legal Services and Information for

Gay, Lesbian, Bisexual, Transgender, Intersex and
Queer Victorians
November 2010
Acknowledgments
The research and writing of this report were facilitated by numerous individuals who generously volunteered
their time and expertise (see Appendix 1). Special thanks go to Michael Cornthwaite (LL.B. candidate,
PILCH volunteer) for his excellent research assistance, and to Chris Atmore (Federation of Community Legal
Centres), Sally Goldner (TransGender Victoria) and Crusader Hillis ({also}), whose unwavering support,
leadership and guidance were critical both to the roundtable series and the research and writing of this
report. Further thanks go to all who generously provided information for the report and/or reviewed earlier
drafts. Although there are too many people to mention here, your thoughtful comments and insights were
integral to the vision and accuracy of the report.
Simone Cusack Fiona McLeay
Strategic Policy Coordinator Executive Director

T: 0420 205 282 T: 8636 4405
E: simone.cusack@pilch.org.au E: fiona.mcleay@pilch.org.au
Contents
Abbreviations................................................................................................................................................... 1
1. Executive Summary and Recommendations ........................................................................................ 2
2. Introduction............................................................................................................................................... 5
2.1 Project overview.................................................................................................................................. 5

2.2 Scope of report.................................................................................................................................... 6
2.3 Methodology........................................................................................................................................ 7
2.4 Terminology......................................................................................................................................... 8
2.5 Use of report........................................................................................................................................ 9
2.6 Report structure .................................................................................................................................. 9
3. Legal Need in GLBTIQ Communities.................................................................................................... 10
3.1 Community legal centres................................................................................................................... 10

3.2 Victoria Legal Aid .............................................................................................................................. 14
3.3 Victorian and national human rights institutions................................................................................ 15
3.4 Interstate GLBTIQ legal services ...................................................................................................... 17
3.5 Law reform ........................................................................................................................................ 19
3.6 Conclusion......................................................................................................................................... 20
4. Legal Advice and Assistance................................................................................................................ 22
4.1 Assistance provided by existing legal services to GLBTIQ clients ................................................... 22

4.2 Facilitation of legal assistance by GLBTIQ organisations and activists............................................ 25
4.3 Barriers in accessing legal services.................................................................................................. 26
4.4 Conclusion......................................................................................................................................... 27
5. GLBTIQ Legal Resources and Education ............................................................................................ 29
5.1 Legal resources and education ......................................................................................................... 29

5.2 Gaps in available legal resources and education ............................................................................. 32
5.3 Conclusion......................................................................................................................................... 33
6. Establishment of a GLBTIQ Legal Service .......................................................................................... 35
6.1 Calls for the establishment of a GLBTIQ legal service ..................................................................... 35

6.2 Key elements of a GLBTIQ legal service .......................................................................................... 36
6.3 Conclusion......................................................................................................................................... 37
Appendix 1 ..................................................................................................................................................... 38
Abbreviations
AHRC Australian Human Rights Commission
{also} The ALSO Foundation
CLCs Community Legal Centres
FCLC Federation of Community Legal Centres
FLS Fitzroy Legal Service
GLBTIQ Gay, lesbian, bisexual, transgender, intersex and queer
HALC HIV/AIDS Legal Centre
HRLRC Human Rights Law Resource Centre
ICLC Inner City Legal Centre
LGBTI Legal Lesbian Gay Bisexual Trans Intersex Legal Service Inc
Service
PILCH Public Interest Law Clearing House (Vic) Inc
RFC Rainbow Families Council
SKLS St Kilda Legal Service
TGV TransGender Victoria
VCAT Victorian Civil and Administrative Tribunal
VEOHRC Victorian Equal Opportunity & Human Rights Commission
VLA Victoria Legal Aid
ZBGC Zoe Belle Gender Centre
Equal Access to the Justice System PILCH | 1

1. Executive Summary and Recommendations
Important progress has been made over the past decade to increase the protection and promotion of the
rights of Victorians who identify as gay, lesbian, bisexual, transgender, intersex, or queer (GLBTIQ). In
particular, the initiatives of a number of GLBTIQ organisations and community legal centres have improved
access to the justice system for GLBTIQ communities.
However, GLBTIQ communities continue to face barriers in accessing the justice system. In many cases,
laws and legal structures directly undermine the ability of GLBTIQ communities to exercise and enjoy their
rights and to protect those rights against abuse. This situation is compounded by the limited capacity of
existing legal services, particularly community legal centres (CLCs), to assist in GLBTIQ-related matters.
This has resulted in significant unmet legal needs in GLBTIQ communities across Victoria.
Calls have increased for the establishment of a specialist GLBTIQ legal service in Victoria. This service
would be a leader in providing affordable, accessible, appropriate, and high quality legal assistance in
GLBTIQ-related matters. The Public Interest Law Clearing House (Vic) Inc (PILCH) believes that GLBTIQ
communities and the legal profession should work together to make this service a reality. At the same time,
PILCH believes that steps should be taken to build capacity within existing Victorian legal services,
particularly CLCs, to maximise opportunities for GLBTIQ communities to access the justice system.
To these ends, PILCH makes the following recommendations:
Recommendation 1
The Federation of Community Legal Centres Secretariat should:
► work with Community Legal Centres and Victoria Legal Aid to improve data collection related to
GLBTIQ issues; and
► undertake a yearly audit and analysis of data collected on GLBTIQ matters and publish the
findings on its website.
Recommendation 2
Leading GLBTIQ organisations should endeavour to record data related to requests for referrals to legal
services or legal information. Where possible, this information should be shared with the Federation of
Community Legal Centres Secretariat.
Recommendation 3
PILCH, in partnership with the Federation of Community Legal Centres Secretariat and leading GLBTIQ
organisations, should apply for funding to undertake a comprehensive legal needs analysis.
Recommendation 4
The Federation of Community Legal Centres Secretariat, in conjunction with leading GLBTIQ
organisations and Community Legal Centres, should develop guidelines (consistent with the
Yogyakarta Principles 1 ) that outline measures that Community Legal Centres can take to make their
1
The Yogyakarta Principles: The Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity,
available at: http://www.yogyakartaprinciples.org/index.html. See also An Activist’s Guide to the Yogyakarta Principles, available at:
http://www.ypinaction.org/files/02/85/Activists_Guide_English_nov_14_2010.pdf.

services more accessible to GLBTIQ communities (eg, not assuming that all clients are heterosexual or
cisgender, ensuring a diverse workplace, educating staff on use of terminology).
Recommendation 5
► ask Community Legal Centres to nominate a GLBTIQ contact officer, who (where possible)
should be the first point of contact for enquiries about GLBTIQ-related matters;
► publicise the contact officer list to its members, and make this information available to leading
GLBTIQ organisations; and
► work with Community Legal Centres and GLBTIQ organisations to disseminate the GLBTIQ
officer list widely.
Recommendation 6
Further to recommendation 5, the Federation of Community Legal Centres Secretariat should consult
leading GLBTIQ organisations and Community Legal Centres to identify the resource and training
needs of GLBTIQ contact officers and how they can be met effectively.
Recommendation 7
The Federation of Community Legal Centres, Victoria Legal Aid and leading GLBTIQ organisations (eg,
Gay & Lesbian Switchboard) should work together to ensure greater awareness amongst GLBTIQ
organisations of the legal services available and the ways in which they can assist GLBTIQ people.
Recommendation 8
Through its referral, clinic and telephone advice services, PILCH should continue its efforts to develop
and expand pro bono capacity in the legal profession to assist on matters related to sexual orientation,
gender identity and intersex status.
Recommendation 9
Through consultation with other Community Legal Centres and leading GLBTIQ organisations, PILCH
should seek to identify major gaps in legal information related to sexual orientation, gender identity and
intersex status and, where possible, enlist pro bono legal assistance to help fill relevant gaps.
Recommendation 10
Fitzroy Legal Service should include a separate chapter in The Law Handbook
(http://www.lawhandbook.org.au/) on some of the major legal issues affecting GLBTIQ people.
Recommendation 11
The National Association of Community Legal Centres LGBTI Network should ensure that all
community legal centres (and not just those that are part of the Network) and legal aid officers are made
aware of Almost Equal: A Guide for Community Legal Centre Lawyers to the 2008 Changes to
Commonwealth Laws Affecting Same Sex Couples (2009).
Recommendation 12
Victorian GLBTIQ organisations should inform the Federation of Community Legal Centres Secretariat
of any new publications they produce that might be useful to community lawyers. The Secretariat
should then circulate this information to all Victorian community legal centres (ideally to GLBTIQ
contact officers).

Recommendation 13
The Federation of Community Legal Centres Secretariat or PILCH and leading GLBTIQ organisations
should consider jointly applying for funding to develop a free online portal of relevant legal resources
and jurisprudence for community lawyers and GLBTIQ communities. If a dedicated GLBTIQ specialist
community legal service is established (see recommendations 16 and 17), it should consider taking
responsibility for maintaining this portal.
Recommendation 14
Leading GLBTIQ organisations should work with Community Legal Centres and Victoria Legal Aid to
develop and implement community legal education and cultural competency training on GLBTIQ issues.
Recommendation 15
PILCH should approach the Judicial College of Victoria, the Victorian Bar Council and the Law Institute
of Victoria about opportunities for improving awareness of GLBTIQ issues and sensitivities amongst
members of the legal profession.
Recommendation 16
Subject to recommendation 17, a specialist GLBTIQ legal service should be established in Victoria.
Recommendation 17
PILCH, together with the Federation of Community Legal Centres Secretariat and leading GLBTIQ
organisations, should work together to establish an Advisory Committee to determine the development,
implementation, and structure of a specialist GLBTIQ legal service.

2. Introduction
2.1 Project overview
PILCH is a leading Victorian, not-for-profit organisation. It is committed to furthering the public interest,
improving access to justice and protecting human rights. In carrying out its mission, PILCH seeks to:
address marginalisation and disadvantage; effect structural change to address injustice; and foster a strong
pro bono culture in Victoria.
In 2008, PILCH established an equality project to help address systemic discrimination and inequality in the
community. The overarching aims of the equality project are to:
► increase the provision of pro bono legal assistance in matters concerning systemic
discrimination and inequality;
► lobby for the elimination of discrimination enshrined in law and the strengthening of domestic
protections against discrimination, through policy and law reform work;
► develop the capacity of the legal profession and community advocates to address
discrimination and inequality through legal education; and
► strengthen networks between lawyers and equality advocates, with a view to facilitating legal
and policy strategies that strengthen the human rights of marginalised and disadvantaged
groups.
In its first year, the equality project focused primarily on discrimination against women. 2 PILCH’s work on
women’s rights supplemented work already being undertaken by the PILCH Homeless Persons’ Legal Clinic
in relation to discrimination on the grounds of homelessness, social status and irrelevant criminal record. 3
In 2009, PILCH decided to expand the focus of its equality project to include discrimination on the grounds of
sexual orientation, gender identity, and intersex status. This decision was based on a range of factors,
including: an increase in requests for pro bono legal assistance related to discrimination on those grounds;
knowledge of the legal landscape in Victoria; significant legislative reform at the federal and state levels;
expertise and experience of particular staff; and increased discussion of sex, sexuality and gender identify in
the community, driven by a range of external law reform projects.
PILCH was keen to ensure that any decision to expand its equality project to include discrimination on the
grounds of sexual orientation, gender identity, and intersex status was made in consultation with, and with
the support of, GLBTIQ communities, was evidence-based, and made with a view to addressing legal need
in the community.
For these reasons, PILCH decided to undertake a scoping project to determine the nature, scope, and extent
(if any) of legal need in GLBTIQ communities in Victoria. The findings and recommendations of PILCH’s
scoping project are documented in this report.
2
See PILCH: http://www.pilch.org.au/humanrights/equality/.
3
See PILCH Homeless Persons’ Legal Clinic: http://www.pilch.org.au/Page.aspx?ID=395.

2.2 Scope of report
This report explores whether or not GLBTIQ communities can access legal services and information in
Victoria that are affordable, accessible, appropriate, and of good quality. The report focuses on access to
free legal assistance. It does not identify or highlight the various commercial law firms that offer legal
services to GLBTIQ clients on a fee-for-service basis, although a number of commercial firms do provide
important and relevant services.
Persons who identify as GLBTIQ may have two kinds of legal need. They might require:
► general legal assistance [category 1]
Eg, Client A requires legal assistance to prepare a will.
Eg, Client B requires legal assistance to challenge a government decision denying access to
disability support services.
Eg, Client C requires legal assistance to mediate a neighbourhood dispute.
► specialist legal assistance related directly to their GLBTIQ status [category 2]
Eg, Client D requires legal assistance to challenge an unlawful termination based on gender
identity.
Eg, Client E requires legal information about access to assisted reproductive treatment for
same-sex couples.
Eg, Client F, a minor, requires legal assistance to obtain a court order permitting
commencement of hormone therapy to begin the process of sex affirmation.
Ordinarily a lawyer does not require specialist knowledge of law related to sexual orientation, gender identity,
4
and/or intersex status, in order to provide general legal assistance (category 1). However, persons who
identify as GLBTIQ may feel more comfortable seeking general legal assistance (category 1) from a lawyer
with specialist legal knowledge and/or cultural awareness of, and sensitivity to, issues faced by GLBTIQ
communities. Moreover, persons who identify as GLBTIQ may face considerable obstacles in accessing
general legal assistance. 5
In contrast to category 1, lawyers will generally require (at least some) specialist knowledge of law related to
sexual orientation, gender identity, and/or intersex status, in order to assist GLBTIQ clients in relation to
issues where their GLBTIQ status is directly implicated (category 2).
Family and friends of persons who identify as GLBTIQ may also require specialist legal assistance (category
2). For example, parents of a lesbian primary school student, who is being bullied because of her sexual
orientation, may require assistance to understand their legal options where the school in question refuses to
take disciplinary action against the bullies and, in so doing, condones the bullying and harassment of the
student because of her sexual orientation.
4
Specialist knowledge of law related to GLBTIQ status may still be necessary in certain circumstances, for example to know that a
person in a same-sex relationship should now be treated in the same way as a person in a heterosexual relationship with respect to
Centrelink payments.
5
See section 4.3 (discussing challenges GLBTIQ communities may face when seeking general legal assistance).

As well, GLBTIQ non-profit organisations that provide (non-legal) assistance to GLBTIQ people and their
family and friends may require legal assistance either of a general or specialist nature. A GLBTIQ non-profit
organisation might, for instance, require advice about its obligations under the Associations Incorporation Act
1981 (Vic) (category 1). It might also require legal assistance to prepare a legal resource kit on the rights of
intersex minors and their families with respect to surgery (category 2).
This report is concerned primarily with category 2, namely specialist legal assistance related to GLBTIQ
status. However, attention will also be paid to whether or not generalist services are ‘appropriate’, by which
is meant culturally sensitive and non-discriminatory.
In addition to exploring whether or not GLBTIQ communities can access quality Victorian legal services that
are affordable, accessible, and appropriate, this report addresses the adequacy of legal resources and
education related to GLBTIQ issues. The report focuses on resources and education programmes that aim
to explain the nature, scope, and effects of laws that impact sexual orientation, gender identity, and intersex
status. It also considers resources and education programmes offered by state and non-state actors.
Persons who identify as GLBTIQ need access to legal resources and education related not only to their
sexual orientation, gender identity, and intersex status, but also to general issues, such as contracts,
intellectual property, health or planning law. PILCH acknowledges that GLBTIQ communities can often
experience difficulties accessing general legal resources and education programmes. 6 However, this report
does not examine the accessibility of those general resources or education programmes for GLBTIQ
communities because of time and space constraints.
2.3 Methodology
This report is based largely on information obtained through a series of roundtables organised by PILCH – in
conjunction with The ALSO Foundation ({also}), the Federation of Community Legal Centres (FCLC), and
TransGender Victoria (TGV) – and attended by a range of GLBTIQ and community legal organisations and
activists.
The first of these roundtables focused on Sexual Orientation and Human Rights. The second roundtable
focused on Gender Identity, Intersex Status and Human Rights. The purpose of those roundtables was to:
► facilitate the sharing of information on the nature and scope of legal services available to
persons whose rights have been violated because of their sexual orientation, gender
identity, or intersex status;
► promote discussion about some of the current human rights concerns related to sexual
orientation, gender identity, and intersex status;
► identify possible areas for collaboration between GLBTIQ and community legal
organisations;
► identify gaps in the provision of legal services and information to GLBTIQ communities; and
► identify key areas ripe for legal reform and/or community action.
6
See section 5.2 (discussing gaps in available legal resources and education).

The final roundtable considered the establishment and possible nature of a dedicated GLBTIQ legal service
in Victoria. Held at {also}, roundtable participants considered the following questions:
► Is there a need for more targeted legal services for GLBTIQ communities? Is there evidence
supporting that legal need? What is the exact nature of that need?
► Is a GLBTIQ legal service an appropriate way to meet that need? How else, if at all, could
that need be met?
► How might a GLBTIQ legal service be modelled and who should have responsibility for
overseeing its establishment and operation?
► What are the strengths and weaknesses of the proposed models? Do the proposed models
respond to the diverse legal needs and interests of GLBTIQ communities?
► How should a GLBTIQ legal service be funded?
Further information for the report was obtained through individual consultations with certain GLBTIQ and
community legal organisations as well as other key stakeholders. In addition, the FCLC sought feedback
from all Victorian CLCs on the nature and extent of services provided to GLBTIQ people in their respective
catchment areas. 7
An effort was made to ensure that a wide cross-section of organisations and stakeholders were consulted.
However, timing and resource constraints meant that it was not possible to consult all Victorian organisations
and stakeholders working on GLBTIQ issues. Appendix 1 of the report provides a list of individuals and
organisations consulted throughout the project.
Information gathered through the roundtable series and subsequent consultations was supplemented and
verified through legal research and analysis. As a facilitator of pro bono legal resources, PILCH also drew
on its own experiences providing legal assistance to GLBTIQ clients.
2.4 Terminology
PILCH recognises that individuals who identify as GLBTIQ comprise a diverse community, with distinct
needs and interests. In recognition of that diversity, PILCH has employed the term GLBTIQ ‘communities’
throughout this report.
It is noted that, in the community at large, the acronym ‘GLBTIQ’ is used in various forms. The most
common variations include the reordering of the letters ‘G’ and ‘L’ and the inclusion or omission of the letter
‘Q’ (ie, queer). PILCH acknowledges that these variations represent significant differences in meaning to
many groups and organisations. It also acknowledges that some individuals and organisations define and
employ their own terminology relevant to the particular GLBTIQ communities with whom they are working. It
is with these sensitivities in mind, and in an attempt to be as inclusive as possible, that PILCH employs
‘GLBTIQ’ in this report.
7
Email sent by Chris Atmore (FCLC) to principal solicitors and managers of all Victorian CLCs (dated 7 October 2010) (on file with
author).

2.5 Use of report
PILCH plans to use the findings and recommendations in the report to inform any future decisions regarding
the expansion of its equality project. However, the report has been written to be relevant to other
organisations (GLBTIQ and legal) operating in Victoria. As such, the recommendations are targeted not only
at PILCH but also at a broader range of key stakeholders.
The report is available online (http://www.pilch.org.au/humanrights/equality/) and PILCH welcomes its

dissemination and feedback on its contents.
2.6 Report structure
This report begins in section 3 by exploring the nature, type, and extent of legal need in GLBTIQ
communities in Victoria. Section 4 examines the extent to which existing legal services have been able to
provide legal assistance to GLBTIQ clients and their family and friends. Section 5 seeks to identify some of
the major legal resources and education programs on GLBTIQ-specific issues. In so doing, it highlights
some of the major challenges GLBTIQ communities face in accessing current and accurate information
about a range of complex federal and state laws. Last, section 6, explores the case for establishing a
dedicated GLBTIQ legal service in Victoria.

3. Legal Need in GLBTIQ Communities
Section 3 of the report seeks to identify the nature, type and extent of legal need in GLBTIQ communities
across Victoria.
It should be noted at the outset that it is difficult to determine the exact nature, type, and extent of legal need
in GLBTIQ communities in this state. This is due, among other things, to an absence of readily available and
reliable disaggregated data and uncertainty regarding the precise number of people who identify as GLBTIQ
in Victoria. Factors such as client concerns about confidentiality and the desire of some clients not to openly
identify as GLBTIQ also prevent a full understanding of the volume and variety of legal need in GLBTIQ
communities. The information presented in section 3 should therefore be viewed as an attempt to begin to
understand and document legal need in GLBTIQ communities in Victoria, rather than an exhaustive analysis
of that need.
3.1 Community legal centres

CLCs are independent community organisations that provide free legal advice, information, and
representation to more than 100,000 marginalised and disadvantaged Victorians each year. 8 CLC activities
integrate assistance for individual clients with community legal education, community development, and law
reform projects that are based on client need and are preventative in outcome. CLCs are either generalist or
specialist in nature. Generalist CLCs provide services on a range of legal issues to people in their local
geographic area. Specialist CLCs focus on groups of people with special needs or particular areas of law
(eg, mental health, disability, consumer law, and environment).
As the leading providers of free legal services in Victoria, CLCs are well placed to comment on the nature,
type, and extent of free legal assistance sought by Victorians. Regrettably, however, few CLCs currently
collect data concerning GLBTIQ-related enquiries and matters. Nevertheless, it is possible to begin to paint
a picture of legal need through anecdotal evidence and the limited data that is available from CLCs.
For example, PILCH 9 has noted an increase over the past 3 years in requests for legal assistance from
individuals who identify as GLBTIQ as well as GLBTIQ organisations. PILCH estimates that, during this
period, it has received at least 30 enquiries related to GLBTIQ issues. Broadly speaking, requests for legal
assistance fall into four categories, namely requests for legal assistance to: challenge discrimination;
understand the current state of law, including how it affects legal rights and entitlements; obtain redress for
homophobic acts and harassment; and address issues related to the corporate governance of GLBTIQ non-
profit organisations.
A sample of enquiries and applications for assistance is outlined below.
8
Email from Chris Atmore (FCLC) to Simone Cusack (PILCH) (dated 11 November 2010) (on file with author).
9
PILCH is a CLC as defined in section 3.1 of the Constitution of the FCLC (2009): see
http://www.communitylaw.org.au/cb_pages/images/Federation%20Constitution.pdf. PILCH provides legal advice to clients through the
Homeless Persons’ Legal Clinic, the Seniors Rights Legal Clinic and PilchConnect. It also acts as a clearing house, referring clients to
member firms for pro bono legal assistance through schemes such as the Public Interest Law Scheme, the Law Institute of Victoria
Legal Assistance Scheme, and the Victorian Bar Pro Bono Scheme.

Challenging discrimination
Sexual Orientation
► Bringing a complaint of discrimination against a religious organisation that denied the client
organisation access to its camping facility based on the sexual orientation of the prospective
attendees.
► Challenging a decision denying a same-sex attracted person from passing superannuation

benefits to her partner upon death.
► Appealing a decision regarding unlawful termination by a sporting organisation on the

ground of sexual orientation.
► Challenging a decision to deny a client access to a medical trial on the basis of his sexual
orientation and marital status.
► Challenging a decision of a church to remove a priest from the clergy based on his sexual
orientation.
► Challenging a decision of a religious welfare agency denying a gay employee access to

parental leave following the birth of his child.
► Challenging a constructive dismissal based on discrimination on the grounds of sexual

orientation, disability, and physical appearance.
Gender Identity
► Challenging a decision of the Registrar of Births, Deaths and Marriages denying an

application to change the record of a client’s sex on his birth certificate.
► Challenging a decision of Corrections Victoria to deny conjugal visits to a transsexual

prisoner and her partner.
► Obtaining merits advice for a transsexual client related to a claim of discrimination on the
ground of gender identity in access to health care services.
Understanding legal rights and entitlements
Sexual Orientation
► Preparing a legal information resource on same-sex parenting and prospective parenting.
► Preparing a legal information resource on the parenting rights of gay men/couples.
► Preparing a legal resource on discussing sexual and gender diversity, and challenging
homophobia, in schools.
► Understanding the legal status of, and protections for, people in multiple relationships.

Gender Identity
► Reviewing legal fact sheets on change of government records and official documentation for
sex and gender diverse persons.
► Preparing a legal resource on discussing sexual and gender diversity, and challenging
homophobia, in schools.
Redress for homophobic acts and harassment
Sexual Orientation
► Assisting a client in a restraining order matter against a neighbour who was sent abusive
correspondence and spreading rumours about the client based on his sexual orientation.
► Assisting a client in relation to vilification and stereotyping.
GLBTIQ non-for-profit organisations
► Advising on obligations under the Associations Incorporation Act 1981 (Vic).
► Assisting with the preparation and execution of a transfer of lease.
► Advising on rights and obligations of an organisation arising under its constitution.
PILCH has assisted at least one intersex client throughout the past three years. However, this request was
of a general nature and not related specifically to the client’s intersex status.
In addition to an increase in requests for specialist legal assistance related to GLBTIQ issues, PILCH has
noted an increase in GLBTIQ matters referred to firms for pro bono assistance. One matter referred by
10
PILCH was Cobaw Community Health Services Limited v. Christian Youth Camps Limited & Anor.
10
Cobaw Community Health Services Limited v. Christian Youth Camps Limited & Anor., [2010] VCAT 1613.

Cobaw Community Health Services Limited v. Christian Youth Camps Limited & Anor
In 2007, WayOut, a Victorian youth suicide prevention project for same-sex attracted youth in rural
areas, contacted the Phillip Island Adventure Resort to book accommodation and facilities for a
workshop on fighting homophobia. The Resort, which is operated by Christian Youth Camps
Limited, refused to take the booking because of the sexual orientation of the proposed attendees.
Following the incident, Cobaw Community Health Services Limited (a not-for-profit organisation
that manages WayOut), with assistance from Youthlaw, contacted PILCH for a pro bono referral to
challenge Christian Youth Camps’ refusal to accept WayOut’s booking. PILCH referred the matter
to Mallesons Stephen Jacques, who assisted Cobaw to file a complaint in the Victorian Civil and
Administrative Tribunal (VCAT).
In its complaint to VCAT, Cobaw alleged that the respondents had discriminated against the
attendees in the provision of services and in refusing to provide accommodation, in violation of the
Equal Opportunity Act 1995 (Vic). Cobaw alleged that the discrimination was based on the same-
sex sexual orientation of the attendees or their personal association with those persons.
The respondents denied excluding WayOut on the grounds of sexual orientation. In the event that
the Tribunal made a finding of discrimination, the respondents argued that the discrimination was
lawful, insofar as certain conduct based on religious doctrines or beliefs is excluded from the
requirements of the Equal Opportunity Act 1995 (Vic.).
Judge Hampel held that the respondents’ decision not to accept WayOut’s booking was based on
the same-sex sexual orientation of the attendees, or the personal association of those attendees.
Her Honour further held that Christian Youth Camps Limited was not exempt from liability under
the Equal Opportunity Act 1995 (Vic) because of the ‘significant secular component of the services
offered’ by the resort. Judge Hampel went on to say that, even if she had found that Christian
Youth Camps was a body established for religious purposes, she would not have been satisfied
that the refusal to accept WayOut’s booking ‘was necessary to avoid injury to the religious
sensitivities of adherents of the Christian Brethren religion’.
Judge Hampel ordered the respondents to pay Cobaw $5000 compensation for the discriminatory
treatment. A copy of the decision is available at:
http://www.austlii.edu.au/au/cases/vic/VCAT/2010/1613.html.

The reasons behind the increase in requests for specialist legal assistance from PILCH (and subsequent
referrals) are not entirely clear. Reasons may include significant legislative reform at the federal and state
levels in recent years (which has likely helped to create an environment in which more people feel safe
talking openly about their GLBTIQ status), greater awareness of services offered by PILCH as a result of
researching and publishing this report, and greater visibility in the community of GLBTIQ issues. No matter
what the reasons behind the increased demand, it is clear that there is real and significant legal need for
PILCH’s services amongst GLBTIQ communities in Victoria. The extent of the need is even greater than the
information first suggests, considering that many of the requests that PILCH has received have come from
organisations that are seeking legal information on behalf of their members and clients.
The ability of CLCs to accurately identify the nature, type, and extent of legal need in GLBTIQ communities
across Victoria is constrained by their limited capacity to collect, analyse, and publish data about requests for
legal assistance on GLBTIQ issues. The difficulties CLCs face in respect of data gathering are not specific
to GLBTIQ issues but, rather, are reflective (at least in part) of broader problems associated with limited
resources and staff. Notwithstanding these difficulties, efforts to understand and respond to legal need
amongst GLBTIQ communities would be significantly aided by the regular and more systematic collection
and analysis of disaggregated data related to requests for legal assistance on GLBTIQ-related issues.
3.2 Victoria Legal Aid

Victoria Legal Aid (VLA) is an independent statutory authority that aims to improve access to justice and
make legal aid available at a reasonable cost to the community. It focuses on helping, and protecting the
rights of, socially and economically disadvantaged Victorians.
VLA is well placed to provide information about legal need in GLBTIQ communities across Victoria.
However, like CLCs, VLA does not typically collect data concerning GLBTIQ-related enquiries and matters.
That said, a preliminary review undertaken by VLA revealed the following examples of enquiries and
applications for assistance on GLBTIQ issues. 11
Sexual Orientation
► Assisting a gay man in a complaint of discrimination against his employer.
► Assisting a gay client charged with social security fraud.
► Assisting various GLBTIQ clients in accessing health care services on an equal basis.
Gender Identity
► Assisting a transgender woman in a men's prison who did not want to use the men's
facilities.
► Assisting a transgender client in relation to a tenancy dispute.
► Assisting a transgender client charged with assault and threats to kill.
11
Email from Melanie Schleiger (VLA) to Simone Cusack (PILCH) (dated 29 October 2010) (on file with author).

3.3 Victorian and national human rights institutions
Like CLCs, the Victorian Equal Opportunity & Human Rights Commission (VEOHRC) and the Australian
Human Rights Commission (AHRC) are important sources of information about the legal needs of GLBTIQ
people.
For example, the 2009-2010 annual report of the VEOHRC states that, during the reporting period, its
telephone advice line 12 received 95 enquiries related to discrimination on the ground of sexual orientation
and 31 enquiries related to discrimination on the ground of gender identity. 13 The report also notes that the
VEOHRC’s complaint-handling service 14 received 32 complaints related to discrimination on the grounds of
sexual orientation (primarily in the areas of employment and the provision of goods and services) and three
complaints related to gender identity discrimination in education. 15 Men comprised the majority of
complainants in sexual orientation cases, accounting for 21 of the 32 complaints made over the reporting
period. 16 All three complaints related to gender identity discrimination were made by women. 17
In contrast to the position in Victoria, sexual orientation and gender identity are not protected grounds of
discrimination under federal anti-discrimination laws. Notwithstanding this, the AHRC’s complaint
information service still receives inquiries related to those forms of discrimination. In its 2008-2009 annual
report, the Commission noted that, during the reporting period, it had received 212 enquiries related to
‘sexual preference, transgender, homosexuality, [and] lawful sexual activity’ 18 . The Commission also noted
that 9% (17) of complaints received under the Human Rights and Equal Opportunity Commission Act 1986
(Cth) concerned alleged breaches of the prohibition in the International Labour Organization Convention 111
against discrimination on the basis of ‘sexual preference’ 19 .
Although the capacity of the AHRC to provide individual redress for discrimination related to a person’s
GLBTIQ status is limited by the federal anti-discrimination framework, it has played a vital role in identifying
human rights violations related to that status as well as related legal need. 20
12
“The Commission’s Advice Line manages enquiries from the Victorian community, including employers, employees and the general
community about questions related to equal opportunity, discrimination, racial and religious vilification and the Charter of Rights and
Responsibilities:” Victorian Equal Opportunity & Human Rights Commission, Annual Report 2009/10 (2010), 10.
13
Ibid at 11.
14
“The complaint-handling process provides an impartial, free dispute resolution process through which disputes under the Equal
Opportunity Act … and Racial and Religious Tolerance Act … are resolved with the assistance and facilitation of a conciliator:” ibid at
12.
15
Ibid at 15-16.
16
Ibid.
17
Ibid.
18
Australian Human Rights Commission, Annual Report 2008-09 (2009), 64. The data cited relates to all of Australia, and not just
Victoria.
19
Ibid at 81.
20
See Australian Human Rights Commission, Sex Files: The Legal Recognition of Sex in Documents and Government Records, The
Sex and Gender Diversity Project: Concluding Paper (2009); Australian Human Rights Commission, Surgery on Intersex Infants and
Human Rights (2009); Human Rights and Equal Opportunity Commission, Same-Sex: Same Entitlements, National Inquiry into
Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits (2007).

► Eg: In 2007, the AHRC released a landmark report that identified 58 federal legal
instruments that discriminated against same-sex couples and their children in the areas of
financial and work-related entitlements. 21 The report recommended that the federal
Government amend those laws to ensure that same-sex and opposite sex couples enjoy
financial and work-related entitlements on a basis of equality. 22 Following the release of that
report, the Government enacted a suite of legislative reforms that amended approximately
100 federal laws that discriminated on the basis of sexual orientation. 23 However, sexual
orientation discrimination still remains entrenched in many federal laws and the absence of
federal protections against this form of discrimination enables its institutionalisation and
perpetuation.
► Eg: In 2009, the AHRC released a landmark report that identified how Australian laws
adversely affect sex and gender diverse people in relation to the legal recognition of sex in
documents and government records. The AHRC observed in its report that the existing
process for the recognition of sex, among other things, generally
excludes: married people; [and] people who have not undergone genital surgery or other sex
affirmation surgery. The existing process is also generally more difficult for: people who
cannot provide medical evidence; children and young people under 18; [and,] people who
wish to be identified as something other than male or female. 24
The federal and Victorian governments have not yet formally responded to the report or
addressed the legal need identified therein.
In preparation for the enactment of a national Equality Act, the AHRC is currently conducting consultations
regarding the need for federal protection against discrimination on the grounds of sexual orientation, gender
identity, and intersex status. 25 Undoubtedly, these consultations will bring to light further evidence of legal
need related to sexual orientation, gender identity, and intersex status.
The data described above from the VEOHRC and the AHRC is helpful in understanding the number and type
of discrimination enquiries and complaints received in relation to sexual orientation, gender identity, and
intersex status, and also in understanding legal need in GLBTIQ communities. However, due to the limited
mandate of those bodies, the data is less helpful in understanding other types of legal need that do not relate
to discriminatory treatment. It is therefore important to remember that, while such information is invaluable in
understanding legal need in GLBTIQ communities in Victoria, it only captures one aspect of that need.
21
See Human Rights and Equal Opportunity Commission, ibid, App. 1.
22
Ibid at 11.
23
See Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Act 2008 (Cth); Same-Sex Relationships
(Equal Treatment in Commonwealth Laws – General Law Reform) Act 2008 (Cth); Family Law Amendment
(De Facto Financial Matters and Other Measures) Act 2008 (Cth).
24
See Australian Human Rights Commission, Sex Files: The Legal Recognition of Sex in Documents and Government Records, The
Sex and Gender Diversity Project: Concluding Paper (2009), 23.
25
See Australian Human Rights Commission, ‘Consultation: Protection from Discrimination on the Basis of Sexual Orientation and Sex
and/or Gender Identity’, available at: http://www.humanrights.gov.au/human_rights/lgbti/lgbticonsult/index.html.

3.4 Interstate GLBTIQ legal services
Data from states, such as New South Wales and Queensland, where GLBTIQ legal services already operate
helps to paint a picture of likely legal need in Victoria. However, as with any data, it reflects and gains
meaning from the context from which it was derived and is directly influenced by the legal framework in
operation in those states. Still, such data is helpful in forming a preliminary assessment of the areas of law
where legal need is greatest (for example, in discrimination and family matters). It is also helpful in forming a
picture of the number of GLBTIQ clients who would be likely to access a community legal service in Victoria
with specialist knowledge of laws related to sexual orientation, gender identity, and intersex status as well as
cultural awareness and sensitivity to GLBTIQ-issues.
Inner City Legal Centre (NSW)
Inner City Legal Centre (ICLC) in Kings Cross, Sydney, provides a range of legal services, including targeted
services for GLBTIQ communities.
► Gay-Lesbian Legal Advice Service
The Gay-Lesbian Legal Advice Service is a state-wide legal advice service for the gay and
lesbian communities in New South Wales. The service provides advice on same-sex
parenting, surrogacy, de facto relationships, discrimination, homophobic violence and
vilification, neighbourhood disputes, domestic violence, and employment. 26
► Intersex Legal Advice Service
The Intersex Legal Advice Service is a state-wide legal advice service for people who are
intersex. It provides advice on identity documents, discrimination, intersex-phobic violence
and harassment, family law matters, concerns about medical treatment, domestic violence,
neighbourhood disputes and employment. 27
► Same-Sex Domestic Violence Assistance Scheme – Safe Relationships Project
The Same-Sex Domestic Violence Assistance Scheme – Safe Relationships Project

provides court assistance and other support for people who identify as GLBTIQ and are
experiencing or escaping an abusive relationship. 28
► Transgender Legal Advice Service
The Transgender Legal Advice Service is a state-wide legal advice service for transgender
people. It provides advice on identity documents, discrimination, transphobic violence and
vilification, family law matters, domestic violence, neighbourhood disputes and
employment. 29
Evidence suggests that the spectrum of GLBTIQ services offered by the ICLC are utilised widely and in
increasing numbers by GLBTIQ people throughout New South Wales. In 2008-2009, the ICLC provided
26
See Inner City Legal Centre: http://www.iclc.org.au/iclc_service4.html.
27
28
29

legal assistance to over 1,800 individuals, a sizeable portion of whom identified as GLBTIQ. 30 Legal
assistance was sought in relation to a wide range of matters related to GLBTIQ status, including
discrimination (26%), family law (18%), and employment (3%). 31 In 2009-2010, ICLC provided legal advice
and representation to over 2,000 clients. GLBTIQ people again comprised a significant proportion of clients,
with assistance provided in 139 GLBTIQ-related matters and an additional 74 general matters. GLBTIQ
legal assistance was most commonly sought in relation to family law matters (47%), followed by
discrimination matters (5%), and employment matters (4%). 32
A sample of enquiries and requests for assistance received from 2008 to 2010 are outlined below. 33
Sexual Orientation
► Assisting a gay client in relation to unfair dismissal proceedings involving harassment by co-
workers.
► Assisting a lesbian co-mother who wanted to spend time with a child.
► Assisting a lesbian couple who wanted to draft end of life care documents.
► Assisting two gay prisoners in relation to matters concerning the prisons in which they were
housed.
► Assisting a lesbian client who was harassed by her partner’s family.
► Assisting in a case concerning harassment based on sexual orientation.
► Assisting two gay victims of hate crime.
Gender Identity
► Assisting a transgender client in relation to a claim of discrimination that concerned her

ejection from a local club.
► Assisting a transgender client to file for divorce.
► Assisting a transgender client to contest a fine that had been unfairly received.
► Assisting a client in discrimination proceedings relating to harassment at work because of

his partner’s transgender status.
► Assisting a transgender client seeking to amend his passport.
► Assisting a transgender client treated inappropriately by the police.
► Assisting transgender clients discriminated against in the workplace.
30
Inner City Legal Centre, Annual Report 2008-2009 (2009), 3; Email from Daniel Stubbs (ICLC) to Simone Cusack (PILCH) (dated 15
October 2010) (on file with PILCH).
31
Inner City Legal Centre, Annual Report 2008-2009 (2009), 16.
32
Email from Daniel Stubbs (ICLC) to Simone Cusack (PILCH) (dated 15 October 2010) (on file with author).
33
Inner City Legal Centre, Annual Report 2008-2009 (2009), 8, 16; Inner City Legal Centre, Annual Report 2009-2010 (forthcoming,
2010) (on file with author).

Intersex Status
► Assisting a client in relation to intersex discrimination in employment.
► Assisting a client in relation to a breach of privacy related to intersex status.
► Assisting a client who wished to complain about private information (including about intersex
status) held by a government department.
In October 2009, the Hon Penny Sharpe, a member of the New South Wales Legislative Council,
commented on the important role that the ICLC plays in meeting legal need in NSW. In a statement to the
Legislative Council, she said:
I am very familiar with some of the clients who have accessed the service, in particular their current work
around same sex domestic violence, and tackling court and other legal issues for transgender people and
intersex people. Their work is, quite frankly, groundbreaking. The centre is providing one of the few places in
New South Wales where people who are transgender or intersex can walk in, feel as though they can tell their
story and have their needs met. It is incredibly important work. 34
LGBTI Legal Service (Qld)
Established in July 2010 and soon to be officially launched, the Lesbian Gay Bisexual Trans Intersex Legal
Service Inc (LGBTI Legal Service) is Australia’s first stand-alone GLBTIQ legal service. Located in
Brisbane, the Service operates a night drop-in service on Wednesday evenings where it provides legal
advice, assistance, and referrals to GLBTIQ communities in Queensland. As a brand new service, the
LGBTI Legal Service has had limited opportunity to compile data about legal need in GLBTIQ communities in
Queensland. Data collected so far, however, points to growing demand for the LGBTI Legal Service. In its
first few months of operation, the LGBTI Legal Service saw an average of 3 clients per session.
Transgender and intersex people account for approximately 5% of clients seen so far. There has also been
a significant uptake of telephone advice services by regional clients. 35 Evidence suggests that this is only
the tip of the iceberg in terms of legal need in Queensland 36 and that, as the service becomes more widely
known, it will be accessed by GLBTIQ clients in increasing numbers.
3.5 Law reform

Another indicator of legal need in GLBTIQ communities is the number of ‘significant and wide-ranging
reforms addressing the historical discrimination and abuse experienced by’ GLBTIQ people. 37 Examples
include:
34
The Hon Penny Sharpe, NSW Legislative Council, 29 October 2009, cited in Inner City Legal Centre, Annual Report 2009-2010
(forthcoming, 2010) (on file with author).
35
File note of telephone conversation between Michael Cornthwaite (PILCH) and Julie Howes (LGBTI Legal Service) (dated 6 October
2010) (on file with author).
36
See, e.g., Murray Couch et al., TranZnation: A Report on the Health and Wellbeing of Transgendered People in Australia and New
Zealand (2007), available at: http://www.glhv.org.au/files/Tranznation_Report.pdf.
37
William (Liam) Leonard and Daniel Perkins, A Community Legal Centre for the GLBTIQ Community – Discussion Paper, {also}
Foundation Policy Working Group (PWG) (2010) (on file with author), 1.

► Equal Opportunity Act 2010 (Vic)
► Superannuation Legislation Amendment Act 2010 (Vic)
► Sentencing Amendment Act 2009 (Vic)
► Assisted Reproductive Treatment Act 2008 (Vic)
► Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform)

Act 2008 (Cth)
► Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Act

2008 (Cth)
► Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth).
Legislative reform of the kind described above has helped to strengthen rights protections for GLBTIQ
people. However, reform has also generated questions for GLBTIQ people about their legal status and
situation under the new laws and, for that reason, has prompted many to seek legal assistance. For
instance, following reforms to social security laws that changed the way in which Centrelink characterises
same-sex couples, 38 Social Security Rights Victoria saw an increase in demand for its services from
individuals who identify as GLBTIQ, particularly gays and lesbians. 39 In circumstances where the Victorian
and federal governments have failed to introduce comprehensive education and awareness-raising
campaigns to explain the nature and significance of the legislative reforms, the need for legal assistance
appears to have increased.
3.6 Conclusion
The data that is available suggests real legal need in GLBTIQ communities. Increasing numbers of people
are seeking legal assistance for a wide variety of GLBTIQ-related matters. In some cases the data collected
suggests a correlation with law reform and other social changes within the community. In other cases, the
data suggests consistent, on-going need. Problems with data collection, however, prevent a comprehensive
analysis of the exact nature, type, and extent of legal need in GLBTIQ communities in Victoria. It is also
important to note that legal need should not be conceived of in terms of statistical information only.
Sometimes people who identify as GLBTIQ experience significant marginalisation within the broader
community. An assessment of legal need for those people must therefore be measured not only in terms of
the volume of matters but also the severity of those individuals’ marginalisation and/or the gravity of their
legal matters.
Recommendation 1
38
Child Support (Assessment) Act 1989 (Cth); Child Support (Registration and Collection) Act 1988 (Cth); Education Services for
Overseas Students Act 2000 (Cth); Farm Household Support Act 1992 (Cth); Higher Education Support Act 2003 (Cth); Social Security
Act 1991 (Cth); Student Assistance Act 1973 (Cth); Veterans Entitlements Act 1986 (Cth).
39
Email from Peter Horbury (Social Security Rights Victoria) to Chris Atmore (Federation of Community Legal Centres) (dated 13
October 2010) (on file with author).

► work with Community Legal Centres and Victoria Legal Aid to improve data collection
related to GLBTIQ issues; and
► undertake a yearly audit and analysis of data collected on GLBTIQ matters and publish
the findings on its website.
Recommendation 2
Leading GLBTIQ organisations should endeavour to record data related to requests for
referrals to legal services or legal information. Where possible, this information should be
shared with the Federation of Community Legal Centres Secretariat.
Recommendation 3
PILCH, in partnership with the Federation of Community Legal Centres Secretariat and
leading GLBTIQ organisations, should apply for funding to undertake a comprehensive legal
needs analysis.

4. Legal Advice and Assistance
Section 4 of the report examines the extent to which existing legal services are able to meet the legal needs
of GLBTIQ communities. Section 4.1 provides an overview of some of the existing legal services available to
GLBTIQ communities. Section 4.2 considers the ways in which GLBTIQ organisations and activists have
helped to facilitate legal assistance for GLBTIQ people. Last, section 4.3 identifies some of the major
barriers GLBTIQ communities face in accessing existing legal services in Victoria.
4.1 Assistance provided by existing legal services to GLBTIQ clients

There is currently no dedicated legal service in Victoria for GLBTIQ communities.
In the absence of a dedicated legal service, individuals who identify as GLBTIQ must therefore access
existing free legal services in the same way as non-GLBTIQ people. For example, a transgender prisoner
who is denied access to essential health care services by prison authorities might seek assistance from the
Human Rights Law Resource Centre (HRLRC), 40 the Prisoners’ Legal Service 41 or PILCH. Similarly, a gay
man who is seeking asylum because he was persecuted in his native country due to his sexual orientation
might seek legal assistance from the Asylum Seeker Resource Centre. 42
Services provided by CLCs are available to all persons regardless of their sexual orientation, gender identity
or intersex status; that is to say, a person’s GLBTIQ status is generally not a factor that is taken into account
when deciding whether or not to provide free assistance. Prospective GLBTIQ clients who satisfy the
eligibility criteria of a particular CLC will therefore qualify to receive free legal assistance from that CLC.
However, in some cases, the resulting human rights or public interest considerations of a person’s GLBTIQ
status might be a determining factor in a decision to take on a client who might not otherwise qualify for free
legal assistance. For example, the Disability Discrimination Legal Service provided legal assistance to a
bisexual man in a case concerning sexual orientation discrimination.
A small number of Victorian CLCs have developed some expertise in, and cultivated a reputation for,
providing legal assistance in relation to certain aspects of sexual orientation and/or gender identity.
Examples include Fitzroy Legal Service, St Kilda Legal Service, and Youthlaw. In addition, some CLCs (eg,
Barwon Community Legal Service, Central Highlands Community Legal Centre, North Melbourne Legal
Service and Women’s Legal Services Victoria), actively promote their legal services to GLBTIQ communities,
including through the {also} and Zoe Belle Gender Centre (ZBGC) directories. 43
40
See Human Rights Law Resource Centre: http://www.hrlrc.org.au. See also Castles v Secretary to the Department of Justice & Ors,
[2010] VSC 310.
41
See Prisoners’ Legal Service: http://www.communitywest.org.au/index.php?option=com_content&view=article&id=116&Itemid=66.
42
See Asylum Seeker Resource Centre, available at: http://www.asrc.org.au/.
43
See The ALSO Foundation, 2010 {also} Directory, available at: http://www.also.org.au/also_directory; Zoe Belle Gender Centre,
Resources Directory, available at: http://gendercentre.com/?page_id=1276.

Fitzroy Legal Service
Fitzroy Legal Service (FLS) is a CLC that services the City of Yarra, an area that encompasses
a significant GLBTIQ demographic. The FLS has been providing assistance to GLBTIQ clients,
among others, for many years. It recognises that certain matters (eg, intervention orders,
discrimination cases, criminal cases) require particular sensitivity to clients’ GLBTIQ status. The
FLS staff body is representative of the City of Yarra community, making it even more accessible
to GLBTIQ communities. In addition to assisting individual clients who identify as GLBTIQ, the
FLS has actively participated in law reform and policy development on GLBTIQ issues, including
with the {also} policy working group and through the Attorney General’s Ministerial Advisory
Group on GLBTIQ issues. The service is also well connected with a number of GLBTIQ
organisations and is committed to further developing the GLBTIQ aspect of its service.
See: http://www.fitzroy-legal.org.au
St Kilda Legal Service
St Kilda Legal Service (SKLS) is a free community legal centre that services residents in the
cities of Port Phillip, Stonnington and Bayside. It operates a day and night service, and
specialises in family law, domestic violence, debt, crime, and fines. In addition to providing legal
advice and education, SKLS operates a drug and alcohol outreach service.
Like in the case of the FLS, anecdotal evidence suggests that the SKLS is also perceived by
many within GLBTIQ communities to be one of Victoria’s most GLBTIQ-friendly CLCs. The
SKLS reported that persons who identify as GLBTIQ typically access SKLS for legal assistance
related to discrimination, victims of crime, family violence and family matters. Through its drug
outreach program and work with Resourcing health & Education in the Sex Industry (RhED) and
the street sex worker list at the Melbourne Magistrates Court, lawyers at SKLS regularly provide
assistance to sex workers who identify as GLBTIQ.
See: http://www.communitylaw.org.au/stkilda

Youthlaw (Young People’s Legal Rights Centre)
Youthlaw is a state-wide specialist community legal centre that provides free and confidential
legal services to persons under the age of 25. Based at Frontyard Youth Services in Melbourne,
Youthlaw operates an afternoon drop-in service and also provides a telephone advice service
throughout the week. In addition, it provides an online service – Youthlaw Online – to enable
people living in certain regional locations (eg, Cobram, Shepparton, and the Yarra Valley) access
to legal advice via webcam. Youthlaw has developed partnerships with various local youth
services in rural and regional Victoria, who have agreed to act as ‘hosts’ for Youthlaw Online by
providing the physical space in which young people can use computer and internet facilities to
access the advice service.
Although Youthlaw does not operate a dedicated service for GLBTIQ youth, it often receives
requests for legal advice and assistance on GLBTIQ issues. Common requests include those
related to discrimination in employment or the provision of goods and services, bullying,
homophobia, unfair treatment by police, violence, victim of crime applications, religious
exemptions to anti-discrimination laws, and age of consent.
See: http://www.youthlaw.asn.au
Although a small number of Victorian CLCs have developed some expertise in providing legal assistance
related to certain aspects of a person’s sexual orientation and/or gender identity, few CLCs have reported
having specific expertise or experience in advising on intersex issues. 44 That said, some CLCs noted that
they had recently assisted intersex clients. The HRLRC, for example, provided assistance to a client to help
determine whether or not federal and state protections against discrimination include intersex status. 45
PILCH also recently provided assistance to an intersex client, although not in relation to that person’s
intersex status.
A number of factors appear to have contributed to the capacity of certain CLCs and VLA to provide legal
assistance related to sexual orientation, gender identity and/or intersex status. These include:
► the personal experiences, interests, and expertise of individual CLC and VLA lawyers;
► geographical proximity of CLCs and VLA to areas with a significant GLBTIQ demographic;
► informal referrals through personal contacts;
► the strength of an organisation’s reputation as a GLBTIQ-friendly service provider; and
► clients’ level of comfort with offices/outreach locations.
While there have been some positive developments in the community legal sector in respect of improving
access to the justice system for GLBTIQ clients, there are, in reality, few existing CLCs that have the
44
Commercial firm Nicholes Family Lawyers has assisted a number of intersex clients, some of them on a pro bono basis. See
http://www.nicholeslaw.com.au/.
45
Email from Rachel Ball (HRLRC) to Simone Cusack (PILCH) (dated 25 August 2010 (on file with author).

requisite expertise and experience to provide legal assistance in sexual orientation, gender identity or
intersex matters. In addition, lawyers and CLCs with relevant expertise and experience tend to be
concentrated in inner-city areas like, Fitzroy, the Central Business District in Melbourne, and St. Kilda, and
are often under-funded and under-staffed.
When referring matters to commercial firms for pro bono legal assistance, PILCH has sought to utilise the
pro bono services of a diverse range of firms in an effort to develop and expand the pro bono capacity and
expertise of the legal profession in areas related to sexual orientation, gender identity and intersex status.
PILCH hopes that this new and expanding expertise will help to improve access to the justice system for
GLBTIQ clients, although it acknowledges that the ability to refer matters for pro bono assistance is always
dependent on firms’ capacity and expertise as well as prospective clients satisfying eligibility criteria.
4.2 Facilitation of legal assistance by GLBTIQ organisations and activists

GLBTIQ activists and organisations regularly play a role in helping GLBTIQ people to access free legal
services.
Some GLBTIQ activists are lawyers themselves and may provide direct legal advice in matters concerning
sexual orientation, gender identity or intersex status. For example, a GLBTIQ activist who practises in
employment law might be able to assist a transgender woman who experiences discrimination and
harassment in her place of work. A GLBTIQ activist who practises in family law might be able to advise a
gay couple on their legal rights in respect of surrogacy and other parenting options. Although a number of
GLBTIQ activists in Victoria are lawyers, the ability to utilise their legal expertise is dependent on having a
direct relationship with those individuals and them possessing legal expertise relevant to the particular matter
at hand.
Some GLBTIQ organisations have played a central role in facilitating legal assistance. For example, the
Victorian AIDS Council/Gay Men’s Health Centre established the HIV/AIDS Legal Centre (HALC) 46 to
provide free confidential legal advice to people living with HIV/AIDS and their partners, carers, family and
friends. Historically, HALC has provided legal assistance related to the drafting of wills, providing advice on
estate planning, including superannuation, and assistance with immigration matters. In addition to
continuing to provide assistance related to those matters, HALC now also advises on a range of issues,
including criminal law, family law (eg, de facto and same-sex relationship issues), intervention orders,
consumer and debt related matters, Centrelink, and discrimination.
Many GLBTIQ activists and organisations have sought to facilitate access to legal assistance for GLBTIQ
people by referring them to a small network of colleagues in the legal profession. Ad hoc and informal
connections with CLCs and individual lawyers have been developed in the absence of a comprehensive
legal directory of GLBTIQ-friendly CLCs and/or lawyers with expertise in laws impacting sexual orientation,
gender identity and intersex status. For example, the Anti Violence Project noted that it maintains its own list
of lawyers who can advise GLBT people who experience violence because of their sexual orientation or
gender identity. 47 The Gay & Lesbian Switchboard 48 provides a free and confidential telephone, counselling,
46
See HALC: http://www.vicaids.asn.au/plc-legal-assistance. In contrast to those organisations discussed in section 4.1, HALC is not a
CLC for the purposes of section 3.1 of the Constitution of the FCLC (2009).
47
File note of meeting between Greg Adkins (Anti Violence Project) and Simone Cusack (PILCH) (dated 17 August 2010 (on file with
author).

referral and information services for GLBTIQ people and their family and friends. Although not a legal
referral service, the Gay & Lesbian Switchboard is an important entry point for GLBTIQ people seeking
access to those services.
In addition to facilitating informal referrals to CLCs and/or lawyers, some GLBTIQ organisations publish
community directories that include sections that are intended to help individuals identify free legal services
that are GLBTIQ-friendly.
Zoe Belle Gender Centre

The ZBGC aims to support and improve the health and wellbeing of sex and gender diverse
Victorians. The ZBGC (among other things) provides support, information and referrals, and
advocates and educates about gender diversity. Its online resource directory lists information about a
number of pro bono legal services, including Central Highlands Community Legal Centre, the FCLC,
PILCH, and SKLS. Through its work and connections, the ZBGC has also developed an informal
network of trans-friendly lawyers to whom it refers clients.
See: http://gendercentre.com/
{also}
Established in 1980, {also} aims to enhance the lives of GLBTIQ communities. In its work, {also}
advocates for equitable access to human rights, legal entitlements, and services for persons who
identify as GLBTIQ. The {also} directory of GLBTIQ-friendly businesses and support and community
organisations includes several Victorian-based free legal service providers, including North
Melbourne Legal Service, the HIV/AIDS Legal Centre, Women’s Legal Services Victoria, and PILCH.
Like the ZBGC, {also} has also developed an informal network of GLBTIQ-friendly lawyers and
service providers to whom it can refer members of GLBTIQ communities for legal assistance.
See: http://www.also.org.au
4.3 Barriers in accessing legal services

Even where there are legal services with specialist knowledge of certain GLBTIQ matters, they may not
always be accessible to members of GLBTIQ communities.
Barriers may be of a general nature, for example geographic isolation, unavailability of legal aid funding, or
inadequate interpreter services in civil matters. Alternatively, barriers may relate specifically to a person’s
GLBTIQ status. Examples include:
► marginalisation within the community due to homophobia, transphobia etc.;
► lack of information about GLBTIQ-friendly legal services;
► inability to access lawyers with expertise in laws related to sexual orientation, gender identity
and intersex status; and
48
See Gay & Lesbian Switchboard: http://www.switchboard.org.au.

► fear of outing oneself.
It is important to remember that people who comprise GLBTIQ communities are not a homogeneous group.
Not all people who identify as GLBTIQ may experience the above barriers or experience them to the same
degree. For example, a middle class lesbian couple living in Fitzroy and a transgender teenager attending
school in a rural area may have very different of experiences of engaging with the legal system.
Where GLBTIQ people face (general or specific) obstacles in accessing legal services, their ability to access
free or affordable legal assistance is further limited. Given the limited options available to many GLBTIQ
people to begin with, these barriers can have devastating effects on their ability to access the justice system.
4.4 Conclusion
A number of Victorian CLCs have developed expertise in providing legal assistance in relation to sexual
orientation, gender identity or intersex matters. However, in reality, there are only a handful of places where
GLBTIQ people can turn for specialist free legal assistance. In the case of intersex people, there are even
fewer options. Accordingly, there is a need to develop and strengthen the sector’s capacity to provide
assistance on matters related to sexual orientation, gender identity and intersex status.
Recommendation 4
The Federation of Community Legal Centres Secretariat, in conjunction with leading GLBTIQ
organisations and Community Legal Centres, should develop guidelines (consistent with the
Yogyakarta Principles 49 ) that outline measures that Community Legal Centres can take to
make their services more accessible to GLBTIQ communities (eg, not assuming that all
clients are heterosexual or cisgender, ensuring a diverse workplace, educating staff on use
of terminology).
Recommendation 5
► ask Community Legal Centres to nominate a GLBTIQ contact officer, who (where
possible) should be the first point of contact for enquiries about GLBTIQ-related matters;
► publicise the contact officer list to its members, and make this information available to
leading GLBTIQ organisations; and
► work with Community Legal Centres and GLBTIQ organisations to disseminate the
GLBTIQ officer list widely.
49
The Yogyakarta Principles: The Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity,
available at: http://www.yogyakartaprinciples.org/index.html. See also An Activist’s Guide to the Yogyakarta Principles, available at:
http://www.ypinaction.org/files/02/85/Activists_Guide_English_nov_14_2010.pdf.

Recommendation 6
Further to recommendation 5, the Federation of Community Legal Centres Secretariat should

consult leading GLBTIQ organisations and Community Legal Centres to identify the resource
and training needs of GLBTIQ contact officers and how they can be met effectively.
Recommendation 7
The Federation of Community Legal Centres, Victoria Legal Aid and leading GLBTIQ
organisations (eg, Gay & Lesbian Switchboard) should work together to ensure greater
awareness amongst GLBTIQ organisations of the legal services available and the ways in
which they can assist GLBTIQ people.
Recommendation 8
Through its referral, clinic and telephone advice services, PILCH should continue its efforts to
develop and expand pro bono capacity in the legal profession to assist on matters related to
sexual orientation, gender identity and intersex status.

5. GLBTIQ Legal Resources and Education
Section 5 of the report examines the availability of legal resources and education programmes on sexual
orientation, gender identity and intersex status.
Access to information about laws and legal rights is a central means of ensuring that GLBTIQ people can
access justice. The ability to access information about laws and rights that directly concern one’s sexual
orientation, gender identity, or intersex status is essential to being able to understand and exercise one’s
legal rights and entitlements. It is also an essential means of protecting one’s rights and entitlements against
abuse. Failure to develop and deliver accurate and comprehensive information to GLBTIQ people not only
undermines their human rights, but also impedes their ability to access the justice system.
5.1 Legal resources and education
In Victoria, GLBTIQ non-profit organisations have taken a leading role in disseminating information about
laws and legal rights to GLBTIQ communities.
For example, Rainbow Families Council (RFC) (a non-legal organisation) has played an active role in
educating rainbow families about recent legislative changes and promoting understanding of how those
changes affect their families. At times, the RFC has developed educational resources through the voluntary
assistance of some of its members. At other times, it has obtained pro bono legal assistance (through
PILCH) to develop relevant legal resources.
Rainbow Families Council

The RFC is a volunteer community organisation that aims to ensure equality for rainbow families
(ie, parents, partners and prospective parents who identify as GLBTIQ, and their children).
Established in 2006, the RFC seeks to ensure equality by: sharing information and resources
with rainbow families; working for legal and social recognition of rainbow families; speaking out
about the diverse realities of the lives of rainbow families; representing the best interests and
rights of persons in rainbow families to government and non-government bodies; and
encouraging rainbow families to be visible and proud.
An example of a resource produced by the RFC (and funded in part by the Victorian Department
of Justice) is Rainbow Families and the Law: An Information Kit for Same-Sex Couples and
Single People in Victoria (2010). This resource provides information on the current laws most
relevant to same-sex parented families, prospective parents, donors and surrogates. It
discusses how those laws impact the diverse choices GLBTIQ people make about creating and
legally recognising families, as well as the emotional issues and medical procedures involved
with different options. See http://www.rainbowfamilies.org.au/pages/families-the-law-kit.php.
In addition, with the assistance of PILCH, the RFC has sought pro bono assistance from two law
firms to prepare legal resources on same-sex parenting and prospective parenting and the
parenting rights of gay men/couples. These resources will be launched in early 2011.
See: http://www.rainbowfamilies.org.au/
Like the RFC, TGV has also played an active role in pointing its members to relevant legal information and
resources.

TransGender Victoria
Established in the late 1990s, TGV is an organisation concerned with achieving justice and
equality for all transgender people. The organisation’s primary objective is to provide benevolent
relief to transgender people through the establishment and operation of a gender centre that
directly provides a structured and consistent range of benevolent services to transgender people.
TGV has several resources and links available on its website that include information about laws
relevant to sex and gender diverse persons. An example is TGV’s Practical Transitioning
Guidelines for Employers (updated 2007). See
http://www.transgendervictoria.com/?p=p_21&sName=medical-contacts-&-other-resources.
In addition, with the assistance of PILCH, TGV recently sought pro bono assistance from a firm to
review a legal resource it prepared for its members on the legal recognition of sex/gender in
identity documents (eg, birth certificates, passports, drivers’ licenses). This resource covers a
broad range of issues, including legally changing one’s name and sex/gender with the Registrar
of Births, Deaths and Marriages, the Australian Passport Office, Medicare, the Australian
Taxation, VicRoads, Centrelink and other government departments. The resource will shortly be
made available on TGV’s website.
See: http://www.transgendervictoria.com
50
The Victorian Gay & Lesbian Rights Lobby was instrumental in the development of Over the Rainbow: A
Guide to the Law for Lesbians and Gay Men in Victoria, 51 a key resource that explains the nature, scope and
operation of a variety of laws affecting Victorian gays and lesbians. First published in hardcopy in 2002, the
resource was later made accessible online – Over the Rainbow Online 52 – with financial assistance from the
Victorian Department of Justice. The resource canvasses a range of topics, including discrimination,
violence, policing, privacy, sexual relations, parenting, death and health. It also formed part of a broader
community campaign that aimed to educate gays and lesbians about how to use the law to enforce their
rights and protect themselves and their families against rights abuses.
More recently, at a federal level, the National LGBT Health Alliance has published an online resource entitled
Wear it With Pride. 53 Developed following the 2008 legislative reforms that removed certain institutionalised
forms of discrimination against same-sex couples and their families, the resource contains a series of
downloadable fact sheets that explain how those reforms apply in areas such as relationships, parenting,
50
See Victorian Gay & Lesbian Rights Lobby: http://www.vglrl.org.au/.
51
Jennifer Lord and Lynn Buchanan, Over the Rainbow: A Guide to the Law for Lesbians and Gay Men in Victoria (Melbourne: Victorian
Gay & Lesbians Rights Lobby and Law Institute of Victoria, 2002).
52
See Over the Rainbow: http://www.over-the-rainbow.org/. Over the Rainbow Online is also available on the website of Victorian Gay
& Lesbian Rights Lobby: http://www.vglrl.org.au/the-law-and-you/index.php.
53
See Wear it With Pride: http://www.wearitwithpride.com.au/.

social security, health and ageing and immigration. Similar to Over the Rainbow, the Wear it With Pride
resource formed part of a wider community education campaign.
In addition to resources produced by GLBTIQ organisations, a number of government departments have

made information available on their websites that explain how relevant laws affect GLBTIQ people. For
example, the Department of Foreign Affairs and Trade has published information on its website for sex and
gender diverse people who wish to apply for, renew, or alter a passport. 54 Following the 2008 legislative
reforms, several government departments, including the Attorney-General’s Department, 55 the Australian
Taxation Office, 56 Centrelink 57 and the Department of Immigration and Citizenship, 58 updated their websites
to include information that explains the effect of those changes on same-sex attracted individuals and their
families. This information, while helpful, is usually of a general nature with limited benefit.
In 2009, the National Association of Community Legal Centres LGBTI Network published Almost Equal: A
Guide for Community Legal Centre Lawyers to the 2008 Changes to Commonwealth Laws Affecting Same
Sex Couples (2009). 59 The resource, one of few targeted specifically at community lawyers, provides
information to help advise GLBTIQ clients in relation to recent legislative changes at the federal level. The
resource covers a broad range of issues, including family law, social security, tax, superannuation, aged
care, citizenship and employment. The LGBTI Network is currently working on creating a community version
of Almost Equal for non-lawyers. In addition to Almost Equal, certain information on the legal regulation of
same-sex relationships is contained in The Law Handbook, a comprehensive do-it-yourself guide to the law
in Victoria. 60 Published by Fitzroy Legal Service, The Law Handbook is available freely to all Victorians and
is used regularly by community lawyers in advising clients.
Some of VLA’s publications are relevant to GLBTIQ matters. For example, in February 2010, VLA published
a fact sheet on ‘Telling Centrelink about Your Same Sex Relationship’, 61 which is intended to help same-sex
attracted individuals understand their obligations to tell Centrelink about any relationships and the
54
See Department of Foreign Affairs and Trade, ‘Sex and Gender Diverse Passport Applicants’, available at:
https://www.passports.gov.au/Web/SexGenderApplicants.aspx.
55
See Attorney-General’s Department, ‘Same-Sex Reforms’, available at: http://ag.gov.au/samesexreform.
56
See Australian Taxation Office, ‘Same-Sex Relationships and Income Tax’, available at:
http://www.ato.gov.au/individuals/content.asp?doc=/content/00174077.htm.
57
See Centrelink, ‘Same-Sex Relationships’, available at:
http://www.centrelink.gov.au/internet/internet.nsf/individuals/member_couple_ssr.htm.
58
See Department of Immigration and Citizenship, ‘Key Changes to Same-Sex Relationships’, available at:
http://www.immi.gov.au/legislation/key-changes/2009/same-sex-relationships.htm; Department of Immigration and Citizenship,
‘Migration Changes [to] Same-Sex Relationships’, available at: http://www.immi.gov.au/legislation/key-changes/2009/migration-key-
changes.htm; Department of Immigration and Citizenship, ‘Key Changes to Citizenship Same-Sex Relationships’, available at:
http://www.immi.gov.au/legislation/key-changes/2009/citizenship-key-changes.htm.
59
See National Association of Community Legal Centres LGBTI Network, Almost Equal: A Guide for Community Legal Centre Lawyers
to the 2008 Changes to Commonwealth Laws Affecting Same Sex Couples (2009), available at:
http://www.naclc.org.au/multiattachments/2357/DocumentName/almostequal_A.pdf.
60
See Fitzroy Legal Service, The Law Handbook (2010), available at: http://www.lawhandbook.org.au/.
61
See Victoria Legal Aid, ‘Telling Centrelink about your Same Sex Relationship’, available at: http://www.legalaid.vic.gov.au/2752.htm.

consequences of failing to do so. Other publications, including those aimed at young people, touch briefly on
legal issues relevant to sexual orientation and gender identity. 62
Legal information for intersex people and their families is more limited. Commercial firm Nicholes Family
Lawyers has published several relevant fact sheets on its website that address issues such as special
medical procedure applications for minors. 63 In addition, organisations such as the Androgen Insensitivity
Syndrome Support Group Australia 64 and Organisation Intersex International Australia 65 have uploaded a
range of resources and links to their websites that contain information about laws relevant to intersex
persons.
While there are a number of resources available, there remain significant gaps in knowledge, awareness,
and skills among the legal profession about legal and cultural issues relevant to GLBTIQ communities. One
reason for this is the limited training opportunities and education resources on GLBTIQ issues available to
solicitors, barristers, and judges. This has resulted in a lack of capacity among the legal profession to
provide legal assistance to GLBTIQ communities and, as a result, has created another access barrier for
GLBTIQ communities. The situation in Victoria contrasts with that in NSW, where the ICLC provides training
to lawyers on legal issues relevant to GLBTIQ communities. 66
5.2 Gaps in available legal resources and education

Notwithstanding the resources outlined above, significant gaps remain in the pool of available resources, and
the ability of GLBTIQ people and their lawyers to access accurate, comprehensive and up-to-date
information is often hampered.
For example:
► many existing legal resources relevant to GLBTIQ people are out of date;
► few resources identify and explain recent legislative reforms at the federal and state levels;
► legal issues relevant to transgender and intersex people are often ignored or marginalised;
► certain resources do not address the multi-jurisdictional nature of many legal issues relevant
to GLBTIQ communities (eg, surrogacy or adoption);
► few resources address the applicability of the Charter of Human Rights and Responsibilities
Act 2006 (Vic) to GLBTIQ people;
► available resources are often difficult to find and navigate because they are dispersed
across multiple websites (ie, there is no central portal through which to access various
resources);
62 rd
See Victoria Legal Aid, What’s the Deal: A Kit to Educate Young People about Legal Issues (3 ed.) (Melbourne: Victoria Legal Aid
and Youthlaw, 2009), available at: http://www.legalaid.vic.gov.au/803.htm, Victoria Legal Aid, Am I Old Enough? Common Legal Issues
th
for Young People (20 ed.) (Melbourne: Victoria Legal Aid, 2010), available at: http://www.legalaid.vic.gov.au/583.htm.
63
See Nicholes Family Lawyers: http://www.nicholeslaw.com.au/publications.html.
64
See Androgen Insensitivity Syndrome Support Group Australia, ‘Legal Issues’, available at:
http://home.vicnet.net.au/~aissg/legal_issues.htm.
65
See Organisation Intersex International Australia, ‘Library Index’, available at: http://oiiaustralia.com/members/library-index/.
66
Email from Dan Stubbs (ICLC) to Simone Cusack (PILCH) (dated 4 November 2010) (on file with author).

► available resources are not always accessible to certain population groups, for example
GLBTIQ youth and culturally and linguistically diverse persons who identify as GLBTIQ;
► there has been little, if any, education of community lawyers on laws relevant to GLTBIQ
people; and
► the Victorian legal profession is not always cognisant of helpful resources produced by
GLBTIQ organisations.
Gaps and obstacles such as these impair or nullify the ability of GLBTIQ communities to: understand their
legal rights and entitlements; protect those rights and entitlements against abuse; and access the justice
system where their rights and entitlements have been infringed upon.
5.3 Conclusion
A number of important resources have been developed over the past decade to help GLBTIQ communities,
and the lawyers that assist them, understand how sexual orientation, gender identity and intersex status are
regulated in Victoria and other Australian jurisdictions. However, research suggests that there is an urgent
need to expand the available pool of resources so as to ensure that all members of GLBTIQ communities
have access to comprehensive and up-to-date legal information to help them understand relevant laws and
legal rights.
Recommendation 9
Through consultation with other Community Legal Centres and leading GLBTIQ
organisations, PILCH should seek to identify major gaps in legal information related to
sexual orientation, gender identity and intersex status and, where possible, enlist pro bono
legal assistance to help fill relevant gaps.
Recommendation 10
Fitzroy Legal Service should include a separate chapter in The Law Handbook
(http://www.lawhandbook.org.au/) on some of the major legal issues affecting GLBTIQ
people.
Recommendation 11
The National Association of Community Legal Centres LGBTI Network should ensure that all
community legal centres (and not just those that are part of the Network) and legal aid
officers are made aware of Almost Equal: A Guide for Community Legal Centre Lawyers to
the 2008 Changes to Commonwealth Laws Affecting Same Sex Couples (2009).
Recommendation 12
Victorian GLBTIQ organisations should inform the Federation of Community Legal Centres
Secretariat of any new publications they produce that might be useful to community
lawyers. The Secretariat should then circulate this information to all Victorian community
legal centres (ideally to GLBTIQ contact officers).
Recommendation 13
The Federation of Community Legal Centres Secretariat or PILCH and leading GLBTIQ
organisations should consider jointly applying for funding to develop a free online portal of
relevant legal resources and jurisprudence for community lawyers and GLBTIQ

communities. If a dedicated GLBTIQ specialist community legal service is established (see
recommendations 16 and 17), it should consider taking responsibility for maintaining this
portal.
Recommendation 14
Leading GLBTIQ organisations should work with Community Legal Centres and Victoria
Legal Aid to develop and implement community legal education and cultural competency
training on GLBTIQ issues.
Recommendation 15
PILCH should approach the Judicial College of Victoria, the Victorian Bar Council and the
Law Institute of Victoria about opportunities for improving awareness of GLBTIQ issues and
sensitivities amongst members of the legal profession.

6. Establishment of a GLBTIQ Legal Service
Section 6 of the report briefly outlines the nature of recent calls for the establishment of a dedicated GLBTIQ
legal service in Victoria. It also sets out some of the key elements of such a service.
6.1 Calls for the establishment of a GLBTIQ legal service

The need among GLBTIQ people for specialist legal assistance and the absence of a service in Victoria able
to effectively meet that need, has led to calls for the establishment of an affordable, accessible and
appropriate legal service for GLBTIQ communities. 67 The calls for a specialist legal service are not new.
They have, however, been more vocal of late, perhaps in light of recent and significant legislative changes
and jurisprudential developments, particularly in the legal regulation of issues related to sexual orientation. It
has been asserted, for instance, that
[t]here is a pressing need for GLBTI people, and in particular those who cannot afford private services or who
are likely to be disadvantaged by some of the recent legislative reforms, to have access to affordable,
accessible and appropriate legal advice. At the same time there is a need to bring together people with GLBTI-
legal expertise to provide not only advice and services to GLBTI clients but to advocate on behalf of the GLBTI
68
community in public debate and ongoing legislative and social reforms within and outside government.
Proponents of a dedicated GLBTIQ legal service, of which PILCH is one, have argued that a targeted free
legal service is needed for GLBTIQ communities because (among other reasons):
► there is significant legal need (see section 3) in GLBTIQ communities in Victoria and that
need is increasing;
► there is limited specialist legal knowledge on GLBTIQ-related matters among existing CLCs
and that knowledge is concentrated in a small number of CLCs located in urban areas; and
► existing CLCs are not always inviting or culturally appropriate to members of GLBTIQ
communities; that is to say, they are not always GLBTIQ-friendly or as GLBTIQ-friendly as
they could be. 69
The success of ICLC in Sydney and the promising beginnings of the LGBTI Legal Service in Brisbane have
also been cited in support of calls for the establishment of a similar specialist and inclusive GLBTIQ legal
service in Victoria.
There was general agreement among the people and organisations consulted during this project that the
establishment of a GLBTIQ legal service should occur alongside ‘GLBTIQ-mainstreaming’. That is to say,
the best way to respond effectively to legal need in GLBTIQ communities in Victoria is to establish a
dedicated legal service and ensure that steps are taken to incorporate and strengthen specialist legal
knowledge and GLBTIQ-sensitivity into existing legal services, particularly CLCs. This will undoubtedly
require a commitment from the community legal sector as well as leading GLBTIQ communities.
67
See, eg, William (Liam) Leonard and Daniel Perkins, A Community Legal Centre for the GLBTIQ Community – Discussion Paper,
{also} Foundation Policy Working Group (PWG) (2010) (on file with author); PILCH, GLBTIQ Legal Service Delivery Roundtable,
Minutes, 1 September 2010 (on file with author).
68
Leonard & Perkins, ibid at 3 [citation omitted].
69
PILCH, GLBTIQ Legal Service Delivery Roundtable, Minutes, 1 September 2010 (on file with author).

6.2 Key elements of a GLBTIQ legal service
There are a number of different models that a GLBTIQ legal service might follow, ranging from a voluntary
legal service operating once a week to a new, stand-alone specialist CLC, and involving a wide variety of
legal and non-legal actors.
Certain organisations, including {also}, have already begun exploring possible models for a dedicated
specialist service, although discussions concerning the merits of different models are at a preliminary
stage. 70
It is not the intention of this report to propose or support a specific model for a specialist GLBTIQ legal
service. Rather, an ‘Advisory Committee’ should be established to examine the need for, and the
development and implementation of, a specialist GLBTIQ legal service. The Advisory Committee should be
responsible for:
► identifying the objectives, mandate and functions of the specialist service;
► examining service delivery models;
► identifying potential community partnerships;
► sourcing funding for the service; and
► determining the legal obligations and responsibilities of the service.
Members of the Advisory Committee should be selected having regard to their expertise, experience dealing
with GLBTIQ clients and issues, and/or expertise in establishing and/or running community legal services in
Victoria. It is important that the Advisory Committee is representative of the diversity of GLBTIQ
communities in Victoria. Not all Committee members should be lawyers, although legal expertise is
important. Representatives from other sectors, such as counselling services, are also desirable. Members
of the Advisory Committee should consult widely with their respective constituencies.
A GLBTIQ legal service should aim to be the leading specialist provider in Victoria of legal assistance on
GLBTIQ matters. In addition, it should play a key role in improving awareness in the community and legal
profession of laws regulating sexual orientation, gender identity and intersex status, and in addressing
systemic failures in the justice system that impact disproportionately on people who identify as GLBTIQ. The
service might endeavour to do this by:
► providing expert legal advice and representation to GLBTIQ clients as well as their family
and friends where the matter is GLBTIQ-related, including through telephone and web-
based services targeted at regional clients;
► building strong relationships and referral arrangements with key (legal and non-legal)
stakeholders;
► building the capacity of other CLCs to provide assistance in GLBTIQ-related matters;
► providing community education seminars and training for GLBTIQ communities and the legal
profession;
70
See William (Liam) Leonard and Daniel Perkins, A Community Legal Centre for the GLBTIQ Community – Discussion Paper, {also}
Foundation Policy Working Group (PWG) (2010) (on file with author).

► publishing information resources that explain relevant laws and their impact for GLBTIQ
people;
► maintaining a free online portal of relevant legal resources and jurisprudence for community
lawyers and GLBTIQ communities;
► undertaking strategic litigation to improve the protection of rights of GLBTIQ people; and/or
► campaigning to improve the legal regulation of sexual orientation, gender identity and
intersex status.
Each of these functions might be phased in over a period of time. For instance, the service might focus
initially on the provision of expert legal advice and representation to GLBTIQ clients. Later on, it might also
focus on providing community education and information resources. The service might eventually undertake
strategic litigation and run campaigns on issues of importance to its GLBTIQ clients.
6.3 Conclusion
There is a clear need for the establishment of a specialist GLBTIQ legal service in Victoria. The call for a
specialist legal service is not new. The need is, however, growing. This arises from increasing legal need in
GLBTIQ communities, the limited specialist knowledge on GLBTIQ issues among the legal profession, and
the lack of GLBTIQ-friendly CLCs. An Advisory Committee should be established to explore the potential for
a GLBTIQ legal service, including considering what model it could follow. A GLBTIQ legal service should
aim to be the leading specialist provider in Victoria of legal assistance in GLBTIQ matters. The best way to
respond effectively to GLBTIQ legal need is to both establish a specialist legal service and to incorporate
and strengthen specialist legal knowledge and GLBTIQ sensitivity into existing legal services.
Recommendation 16
Subject to recommendation 17, a specialist GLBTIQ legal service should be established in
Victoria.
Recommendation 17
PILCH, together with the Federation of Community Legal Centres Secretariat and leading
GLBTIQ organisations, should work together to establish an Advisory Committee to
determine the development, implementation, and structure of a specialist GLBTIQ legal
service.

Appendix 1
Appendix 1 contains a list of persons and organisations involved in and/or consulted during the research and
writing of this report. It includes those CLCs who provided feedback to the FCLC survey.
Organisation Contact Person
{also} Crusader Hillis
William (Liam) Leonard
Daniel Perkins
Jason Rostant
Amnesty International Australia Tony Peatman
Androgen Insensitivity Syndrome Support Group Australia Tony Briffa
Anti Violence Project of Victoria Greg Adkins
Attorney General’s GLBTI Ministerial Advisory Committee Jamie Gardiner
Sally Goldner
Australian Coalition for Equality Corey Irlam
Australian GLBTIQ Multicultural Council Alyena Mohummadally
Australian Research Centre in Sex, Health and Society William (Liam) Leonard
Bisexual Alliance Victoria James Dominguez
Blake Dawson Jacqui Bell
Brimbank Melton Community Legal Centre Judy Dredge
Consumer Action Law Centre Celia Tikotin
Department of Justice, Victoria Melanie Hodge
Disability Discrimination Legal Service Placedo Belardo
Family Court of Australia Daniel Matta
Kristen Murray
Federation of Community Legal Centres Chris Atmore
Claudia Fatone
First Step Legal Service Melissa Hardham
Fitzroy Legal Service Karen Gurney
Robin Inglis
Belinda Lo
Gay and Lesbian Health Victoria Anne Mitchell

HIV/AIDS Legal Centre Sue MacGregor
Michael Williams
Human Rights Law Resource Centre Rachel Ball
Hume Riverina Community Legal Service Karen Bowley
Inner City Legal Centre Daniel Stubbs
Law Institute of Victoria Jamie Gardiner
Lesbian Gay Bisexual Trans Intersex Legal Service Inc. Julie Howes
Melbourne Law School Prof. Dianne Otto
National Association of Community Legal Centres LGBTI

Network
Neighbourhood Justice Centre Karen Gurney
Nicholes Family Lawyers Lucy Daniel
Sally Nicholes
North Melbourne Legal Service Richard Stewart
Peninsula Community Legal Centre Victoria Mullings
Public Interest Law Clearing House (Vic) Inc Lauren Adamson
Rachel Brown
Michael Cornthwaite
Simone Cusack
Alex Fone
Dahni Houseman
Christina Koulias
Fiona McLeay
Jess O’Brien
TJ Riddell
Verena Tan
Rainbow Families Council Felicity Marlowe
Rainbow Network Victoria Roz Ward
RhED – Resourcing Health & Education in the Sex Industry Gabby Skelsey
Royal Children’s Hospital Prof. Garry Warne
Social Security Rights Victoria Peter Horbury
St Kilda Legal Service Emma Asscher

Student Legal Service, La Trobe University Damian Walsh
The Hon. Alastair Nicholson AO RFD QC
Tenants Union of Victoria Damian Stock
TransGender Victoria Brenda Appleton
Sally Goldner
Youthlaw Tiffany Overall
Victorian Gay & Lesbian Rights Lobby Anthony Bendall
Victorian Law Reform Commission Merrin Mason
Victoria Legal Aid Lucy Guthrie
Melanie Schleiger
Villamanta Disability Rights Legal Service Deidre Griffiths
West Heidelberg Community Legal Centre Scott Ashley
Whittlesea Community Legal Centre Robert Frajsman
Zoe Belle Gender Centre Sally Goldner

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Equal Access to the Justice System:

Report on Legal Services and Information for

Simone Cusack Fiona McLeay

Strategic Policy Coordinator Executive Director

1. Executive Summary and Recommendations ........................................................................................ 2

2.1 Project overview.................................................................................................................................. 5

3. Legal Need in GLBTIQ Communities.................................................................................................... 10

3.1 Community legal centres................................................................................................................... 10

4. Legal Advice and Assistance................................................................................................................ 22

4.1 Assistance provided by existing legal services to GLBTIQ clients ................................................... 22

5. GLBTIQ Legal Resources and Education ............................................................................................ 29

5.1 Legal resources and education ......................................................................................................... 29

6. Establishment of a GLBTIQ Legal Service .......................................................................................... 35

6.1 Calls for the establishment of a GLBTIQ legal service ..................................................................... 35

AHRC Australian Human Rights Commission

{also} The ALSO Foundation

CLCs Community Legal Centres

FCLC Federation of Community Legal Centres

FLS Fitzroy Legal Service

GLBTIQ Gay, lesbian, bisexual, transgender, intersex and queer

HALC HIV/AIDS Legal Centre

HRLRC Human Rights Law Resource Centre

ICLC Inner City Legal Centre

PILCH Public Interest Law Clearing House (Vic) Inc

RFC Rainbow Families Council

SKLS St Kilda Legal Service

TGV TransGender Victoria

VCAT Victorian Civil and Administrative Tribunal

VEOHRC Victorian Equal Opportunity & Human Rights Commission

VLA Victoria Legal Aid

ZBGC Zoe Belle Gender Centre

Equal Access to the Justice System PILCH | 1

To these ends, PILCH makes the following recommendations:

The Federation of Community Legal Centres Secretariat should:

Equal Access to the Justice System PILCH | 2

The Federation of Community Legal Centres Secretariat should:

Equal Access to the Justice System PILCH | 3

Equal Access to the Justice System PILCH | 4

Equal Access to the Justice System PILCH | 5

► general legal assistance [category 1]

Eg, Client A requires legal assistance to prepare a will.

Eg, Client C requires legal assistance to mediate a neighbourhood dispute.

► specialist legal assistance related directly to their GLBTIQ status [category 2]

Equal Access to the Justice System PILCH | 6

Equal Access to the Justice System PILCH | 7

► How should a GLBTIQ legal service be funded?

Equal Access to the Justice System PILCH | 8

The report is available online (http://www.pilch.org.au/humanrights/equality/) and PILCH welcomes its

2.6 Report structure

Equal Access to the Justice System PILCH | 9

3.1 Community legal centres

A sample of enquiries and applications for assistance is outlined below.

Equal Access to the Justice System PILCH | 10

► Challenging a decision denying a same-sex attracted person from passing superannuation

► Appealing a decision regarding unlawful termination by a sporting organisation on the

► Challenging a decision of a religious welfare agency denying a gay employee access to

► Challenging a constructive dismissal based on discrimination on the grounds of sexual

► Challenging a decision of the Registrar of Births, Deaths and Marriages denying an

► Challenging a decision of Corrections Victoria to deny conjugal visits to a transsexual

Understanding legal rights and entitlements

► Preparing a legal information resource on same-sex parenting and prospective parenting.

► Preparing a legal information resource on the parenting rights of gay men/couples.

Equal Access to the Justice System PILCH | 11