SilveriiJason, ‘State Attorney-General Rob Hulls has released his blueprint for the development of the Victorian justice system over the next decade’ (2004) 78(7) LIJ, 20.
3.
Justice Statement, n 1 above, 18.
4.
GayVictorian and LobbyLesbian Rights, Enough is Enough: A Report on Discrimination and Abuse Experienced by Lesbians, Gay men, Bisexuals and Transgender People in Victoria (2000).
5.
Births, Deaths and Marriages Registration Act 1996 (Vic) s 30A(1).
6.
Preamble to the United Nations Convention on the Rights of the Child opened for signature 20 November 1989 (entered into force 2 September 1990).
7.
Re Alex: Hormonal Treatment for Gender Identity Dysphoria [2004] FamCA 297 (‘Re Alex’). The opinion that any monarch receiveth his power by covenant, that is to say, on condition, proceedeth from want of understanding this easy truth: that covenants being but words, and breath, have no force to oblige, contain, constrain, or protect any man, but what it has from the public sword. HobbesThomasLeviathan (1651) ch xviii
8.
Re Alex [2004] FamCA 297, 225–41.
9.
Age Discrimination Act 2004 (Cth) s 13.
10.
Ibid, s 28.
11.
But possibly not from an action grounded in ‘impairment’ in the federal jurisdiction. In Menzies v Waycott [2001] VCAT 13, a discrimination action was successfully mounted in the Anti-Discrimination List of VCAT on the ground of ‘impairment’ prior to the addition of ‘gender identity’ to the list of attributes protected under the Equal Opportunity Act 1995 (Vic).
12.
International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 999 UNTS 3 (entered into force 3 January 1976) art 11.
13.
Re Kevin (validity of marriage of transsexual) [2001] FamCA 1074, 305.
14.
International Covenant on Civil and Political Rights, opened for signature 16 December 1966 (entered into force 23 March 1976) art 23.
15.
For the purpose of ascertaining the validity of a marriage under Australian law, the question whether a person is a man or a woman is to be determined as at the date of the marriage. Re Kevin [2001] FamCA 1074, 330.1.
16.
WallbankRachael, ‘Re Kevin in Perspective’ (2004) 9(2) Deakin Law Review461, 466.
17.
Ibid.
18.
Equal Opportunity Commission Victoria, ‘Submission in Response to the Attorney-General's Advisory Committee on Gay, Lesbian, Transgender and Intersex Issues Discussion Paper: Changes to Birth Certificates for Transsexual People’, September 2003. Copy obtained under Freedom of Information.
19.
Especially, but not limited to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, which is incorporated into the Sex Discrimination Act 1984.
20.
Births, Deaths and Marriages Registration Act 1996 (Vic) s 30G.
