Living in Queensland

Gay Lesbian Bisexual Transgender Transsexual Same Sex Attraction Asexual

Being Queer & the Law: Links Page


Same sex couples (source: Legal Aid Queensland 2009)

Is a same sex relationship recognised by law? (excerpt)

Same sex couples cannot legally marry in Australia.

  • Same sex relationships are recognised as de facto relationships for some legal purposes but not all.
  • Same sex couples can own property jointly and have the same rights to property settlement as other de facto couples in Queensland.
  • Same sex couples can leave property to each other in their will and can appoint each other in a power of attorney or statutory health authority.
  • A de facto partner, including same sex couples, are considered spouses under the intestacy rules.
  • Domestic violence protection orders are available to same sex couples.
  • Same sex couples cannot legally adopt a child but can be considered as foster carers.

When is sexual activity an offence?

  • Sexual activity with an adult of the same sex is not a criminal offence.
  • In Queensland, anal sex with someone under 18 years of age is a criminal offence.
  • Sexual activity with a person under 16 years of age is a criminal offence.

To access Legal Aid Queensland legal advice service, call 1300 65 11 88 to find the legal advice option which best meets your needs.

8.30 am and 5 pm, Monday to Friday (25/06/09)

Please contact Legal Aid Queensland for current advice

Anti-Discrimination Commission Queensland Anti-Discrimination Act 1991

Qld Anti-Discrimination legislation and decisions

Telephone statewide 1300 130 670 or TTY 1300 130 680

Queensland Community Legal Centre Directory – Find your local centre

Women’s Legal Service – is a Community Legal Centre that provides free legal advice and information to Women in Queensland.

Statewide Tenant Advice Service 1300 744 263

Australian Gay and Lesbian Law Blog

Queensland Police LGBTI Liaison Unit –find your local


Commonwealth  Same Sex Law Reforms 2009

(Australian Government Attorney-General’s Department)

Marriage Act 1961 – (excerpt) Marriage Legislation Amendment Act 2004

Inserted a definition into s5(1) of the act, that reads:

“Marriage, means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.”

Recognition of same-sex unions in Australia

The Australian Human Rights Commission

For more information or to discuss a complaint contact Complaints unit on

Phone: 1300 656 419 (local call) or 02 9284 9888
Email: complaintsinfo@humanrights.gov.au

Web site: www.humanrights.gov.au
TTY: 1800 620 241 (toll free)
Fax: 02 9284 9611

Free interpretation and translation services are available by contacting 13 14 50 and asking for the Australian Human Rights Commission.

Issues – Information sources

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