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A Legal Victory

by the Inner City Legal Centre

(The Gender Centre advise that this article may not be current and as such certain content, including but not limited to persons, contact details and dates may not apply. Where legal authority or medical related matters are cited, responsibility lies with the reader to obtain the most current relevant legal authority and/or medical publication.)

A trany client of the Inner City Legal Centre has successfully received a payout in excess of $10,000 from the Victims Compensation Tribunal. The award determined a couple of weeks ago was particular pleasing said solicitor Richard Funston as the criminal charge of assault occasioning actual bodily harm against the Defendant had previously been dismissed. It seems that the magistrate hearing the criminal charge was not satisfied beyond reasonable doubt that the actions of the Defendant were criminally wrong. The Defendant argued that he was acting in self defense, and according to Funston the court must have accepted his argument.

After the criminal charge was dismissed the Victims Compensation Tribunal requested from the Inner City Legal Centre written legal argument to show that an act of violence had been committed on the balance of probabilities. The legal test at the Victims Compensation Tribunal is not as rigorous as a criminal hearing and the Legal Centre was able to submit a strong argument to support the client's application. Apart from the act of violence the Legal Centre had to argue against contributory behaviour and aspects of evidence that came out of the criminal hearing. Funston said the fact that photos were taken at the time of his clients injuries added significant weight to the application.

At the end of the day this is a good result for all tranys. Any person wanting to discuss possible Victims Compensation Applications or any other legal matter is welcome to phone the Inner City Legal Centre on 02) 9332 1966.

Polare is published in Australia by The Gender Centre Inc. which is funded by the Department of Community Services under the S.A.A.P. Program and supported by the N.S.W. Health Department through the AIDS and Infectious Diseases Branch. Polare provides a forum for discussion and debate on gender issues. Advertisers are advised that all advertising is their responsibility under the Trade Practices Act. Unsolicited contributions are welcome, though no guarantee is made by the Editor that they will be published, nor any discussion entered into. The editor reserves the right to edit such contributions without notification. Any submission which appears in Polare may be published on our internet site. Opinions expressed in this publication do not necessarily reflect those of the Editor, The Gender Centre Inc.I, the Department of Community Services or the N.S.W. Department of Health.