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Civil partnership

Civil partnership notary handbook

Page | 2 Registry of Births, Deaths and Marriages | Civil partnership notary handbook JAG#3105531 v17

The Queensland Registry of Births, Deaths and Marriages (BDM) is responsible for the administration of the Civil Partnerships Act 2011 (the Act). Civil partnership declaration ceremonies can only be performed by people who have officially registered to become civil partnership notaries, the Registrar-General of BDM (the registrar) or a delegate of the Registrar-General—a staff member from BDM or a Queensland Magistrates Court. Every civil partnership notary has a responsibility to advise and officiate over the legal aspects of declaration ceremonies. He or she must therefore be fully up-to-date with all aspects of the Act. This handbook has been developed for members of the public who have applied for appointment as a civil partnership notary in Queensland. It provides the legislative, administrative and service standard information necessary for civil partnership notaries to assist couples entering civil partnerships. Until appointment has been advised by the registrar and the applicant is issued with a registration number, an applicant is not legally able to conduct a ceremony and should not:

engage in advertising or promotion for the provision of declaration ceremonies

book or agree to conduct a ceremony.

For additional information, email: [email protected].

mailto:[email protected]


Table of Contents

ABOUT THE CIVIL PARTNERSHIP NOTARY ASSESSMENT ............................................... 5

WHAT IS A CIVIL PARTNERSHIP? .......................................................................................... 7

LEGAL EFFECT OF A CIVIL PARTNERSHIP ................................................................................... 7 HOW PROSPECTIVE CIVIL PARTNERS ENTER INTO A CIVIL PARTNERSHIP ...................................... 8 WHO CAN ENTER A CIVIL PARTNERSHIP? ................................................................................... 9 CIVIL PARTNERSHIP CERTIFICATES ............................................................................................ 9 WITHDRAWAL OF APPLICATIONS TO REGISTER CIVIL PARTNERSHIPS ......................................... 10 COOLING-OFF PERIOD ............................................................................................................ 10 END A CIVIL PARTNERSHIP ...................................................................................................... 10 HOW TO APPLY TO END A CIVIL PARTNERSHIP .......................................................................... 10

WHAT ARE THE ELIGIBILITY CRITERIA FOR BECOMING A CIVIL PARTNERSHIP NOTARY? ................................................................................................................................11

BEFORE THE DECLARATION CEREMONY .........................................................................11

THE ROLE OF THE CIVIL PARTNERSHIP NOTARY ........................................................................ 11 PAPERWORK BEFORE THE CEREMONY ..................................................................................... 12 EARLIEST DATE OF THE CEREMONY ......................................................................................... 12 SHORTENING OF TIME FOR NOTICE .......................................................................................... 12 VERIFICATION OF AGE ............................................................................................................ 13 NAMES OF THE PARTNERS ...................................................................................................... 13 ADDRESSES OF THE PARTNERS ............................................................................................... 13 RELATIONSHIP STATUS ........................................................................................................... 13 RECOGNITION OF INTERNATIONAL MARRIAGES AND CIVIL PARTNERSHIPS .................................. 13 PROOF OF IDENTIFICATION ...................................................................................................... 15 PROOF OF LIVING IN QUEENSLAND .......................................................................................... 15 FEES FOR DECLARATION CEREMONIES .................................................................................... 17 LODGING THE NOTICE OF INTENTION ....................................................................................... 17

THIS CAN BE DONE: ..............................................................................................................18

DURING THE CEREMONY .....................................................................................................18

THE ROLE OF THE CIVIL PARTNERSHIP NOTARY ........................................................................ 18 PAPERWORK FOR THE DECLARATION CEREMONY ..................................................................... 18 WITNESSES ............................................................................................................................ 19 THE CEREMONY SCRIPT .......................................................................................................... 19 MEMENTO OF THE DAY ............................................................................................................ 20

AFTER THE CEREMONY ........................................................................................................20

PROFESSIONAL BEHAVIOUR ...............................................................................................20

COMPLAINTS .......................................................................................................................... 21 OFFENCES RELEVANT TO CIVIL PARTNERSHIP NOTARIES .......................................................... 21

IT IS ALSO AN OFFENCE UNDER THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 FOR A CPN NOT TO PROVIDE WRITTEN NOTICE OF THE MAKING OF THE DECLARATION AND THE NOTICE THE COUPLE GAVE THE CPN NOT LATER THAN 14 DAYS AFTER THE DECLARATION. .........................................................22

APPENDIX A - USEFUL REFERENCES ................................................................................22

ALL APPLICATION FORMS CAN BE FILLED IN ONLINE, DOWNLOADED AND PRINTED FOR COUPLES TO

SUBMIT—CHECK THE BDM WEBSITE - HTTP://WWW.QLD.GOV.AU/RBDM. .................................... 22 LIST OF APPLICATION FORMS AND THEIR USE ........................................................................... 22 FORM 16 – WRITTEN NOTICE SETTING OUT THE LEGAL EFFECT OF A CIVIL PARTNERSHIP ........... 22 FORM 15 - APPLICATION TO REGISTER A CIVIL PARTNERSHIP ................................................... 22 THE APPLICATION IS TO REGISTER A CIVIL PARTNERSHIP ONLY—WITHOUT A DECLARATION

CEREMONY. IT WILL BE REGISTERED AFTER 10 DAYS OF SUBMITTING IT TO BDM. ...................... 22 FORM 18A - NOTICE OF INTENTION TO ENTER INTO A CIVIL PARTNERSHIP .................................. 22


DECLARATION OF A CIVIL PARTNERSHIP .................................................................................. 23 CIVIL PARTNERSHIP CERTIFICATE APPLICATION ....................................................................... 23 COUPLES NEED TO COMPLETE THIS APPLICATION FORM, PAY THE FEE AND SUBMIT PROOF OF ID TO

BDM TO BUY A STANDARD CIVIL PARTNERSHIP CERTIFICATE OR COMMEMORATIVE PACKAGE THAT

INCLUDES A STANDARD CIVIL PARTNERSHIP CERTIFICATE. ......................................................... 23 FORM 17 - WITHDRAW AN APPLICATION TO REGISTER A CIVIL PARTNERSHIP ............................. 23 THIS APPLICATION IS TO WITHDRAW AN APPLICATION TO REGISTER A CIVIL PARTNERSHIP ONLY—WITHOUT A DECLARATION CEREMONY. IT MUST BE SUBMITTED WITHIN 10 DAYS OF SUBMITTING

FORM 15 TO BDM (I.E. BEFORE COOLING-OFF PERIOD ENDS). .................................................. 23 AT LEAST 1 OF THE PARTIES MUST SIGN THE FORM 17. ............................................................. 23 FORM 18 – END A CIVIL PARTNERSHIP APPLICATION FORM ....................................................... 23 THIS APPLICATION IS TO OFFICIALLY END A CIVIL PARTNERSHIP. THE TERMINATION CANNOT BE

REGISTERED UNTIL 90 DAYS AFTER THE APPLICATION IS MADE (THE TERMINATION PERIOD). ....... 23 IF ONLY 1 OF THE PARTIES SIGNS THE FORM 18 THEY MUST SERVE THE OTHER PARTNER (IN

ACCORDANCE WITH SECTION 16 OF THE CIVIL PARTNERSHIPS ACT 2011) WITH A COPY AND

SUBMIT IT TO BDM WITH A COMPLETED THE END A CIVIL PARTNERSHIP STATUTORY DECLARATION

(SINGLE APPLICANT). .............................................................................................................. 23 END A CIVIL PARTNERSHIP STATUTORY DECLARATION (SINGLE APPLICANT) ............................. 23 THIS APPLICATION MUST BE COMPLETED IF ONLY 1 PARTNER IS SIGNING THE FORM 18 AND MUST

BE SUBMITTED TO BDM WITH THE FORM 18. ............................................................................ 23

APPENDIX B - SAMPLE CEREMONY SCRIPT .....................................................................23

CEREMONY SCRIPT (ON THE FOLLOWING PAGE) ....................................................................... 23

..................................................................................................................................................24

I GIVE YOU THIS RING/JEWELLERY AS A SYMBOL OF MY COMMITMENT TO YOU. ...24

NOTARY’S DECLARATION ....................................................................................................24


About the civil partnership notary assessment This handbook forms an important part of the process for persons intending to register as civil partnership notaries (CPNs) in Queensland. This handbook and a link to our online assessment will be sent to members of the public who have submitted an application to register as a CPN and paid the registration fee. The assessment must be completed by CPN applicants that are not already registered as a civil marriage celebrant, with a pass mark of 90% before registration can be finalised. If you are approved as a CPN, we must publish your details in the register of civil partnership notaries on our website. It will include:

your name date of registration status of your registration.

You may choose for BDM to publish your contact details in the register:

postal address contact number email address.

You should advise BDM of changes to your contact details or personal circumstances, including any changes to your:

occupation business interests criminal history.

Only registered CPNs can conduct declaration ceremonies in Queensland. Declaration ceremonies conducted by Queensland CPNs cannot be conducted interstate, however you do not need to reside here to become a Queensland CPN. The intention of this handbook is not to cover all the legislation. It is the responsibility of CPNs to understand and apply the various sections of the Civil Partnerships Act 2011, Births, Deaths and Marriages Registration Act 2003, Civil Partnerships Regulation 2012 and the Births, Deaths and Marriages Registration Regulation 2015. It is expected that CPN applicants familiarise themselves with all forms for the civil partnership registration process. These are available from the BDM website - http://www.qld.gov.au/rbdm.

http://www.qld.gov.au/rbdm



The objectives of this handbook are to provide CPNs with:

comprehensive and professional level of information for members of the public who have applied to BDM for registration as a CPN

a reference source for registered CPNs whilst their registration is current

the capacity to provide consistent and quality customer service to couples in the Queensland community who wish to hold a civil partnership ceremony

a working knowledge of the Civil Partnerships Act 2011 and its associated regulations

the ability to assist applicants to apply their understanding of the Civil Partnerships Act 2011

an understanding of the obligations of a CPN in Queensland, both from a legislative and professional practice perspective

a working knowledge of the documentation required as part of the Civil Partnership Act 2011 and its regulations

an understanding of how to identify potential problems/issues couples may have in complying with the legislation

an awareness of the support available from BDM.

This icon indicates sections of the handbook where you will need to refer to the legislation. The Civil Partnerships Act 2011 is available at www.legislation.qld.gov.au.

http://www.legislation.qld.gov.au/


What is a civil partnership?

A civil partnership may be entered into by couples, regardless of sex. There are two ways to enter a civil partnership. A couple can apply to BDM to register a civil partnership by submitting Form 15 - Application to register a civil partnership, or alternatively, the couple may hold a civil partnership declaration ceremony (officiated by a CPN), and have their relationship registered as a civil partnership, by submitting Form 18a - Notice of intention to enter into a civil partnership. The Civil Partnerships Act 2011, Births, Deaths and Marriages Registration Act 2003 and their associated regulations prescribe the criteria, rules and processes for a couple to have their civil partnership officially registered in Queensland. Legal effect of a civil partnership

A civil partnership is a legally recognised relationship between two adults, regardless of their sex. Registration of a civil partnership provides both partners with proof of the existence of their relationship. Once civil partners have registered their relationship they do not have to provide any further proof of their relationship. An official standard civil partnership certificate is a legally recognised document. This can be helpful in terms of proving a relationship to satisfy a range of laws, for example, in relation to superannuation, tax and government assistance. A civil partnership entered into by a couple without a declaration ceremony will take effect from the date of registration. A civil partnership entered into with a declaration ceremony will take effect (once registered) from the date the civil partnership declaration ceremony was held. Distinction between a marriage and a civil partnership There is also a distinction between marriages and civil partnerships. A marriage is governed by the Commonwealth and the Marriage Act 1961 and must be a union between a man and a woman. A civil partnership may be entered into by any adult, regardless of sex, and is governed by Queensland’s Civil Partnerships Act 2011. It is important to note that a civil partnership may not be recognised by jurisdictions other than Queensland and the Commonwealth.


While marriages are legally recognised throughout Australia (and in most overseas jurisdictions), whether a civil partnership is recognised is subject to the legislation of a particular jurisdiction.

How prospective civil partners enter into a civil partnership

As stated in section 6 of the Civil Partnerships Act 2011, there are two ways for a couple to enter into a civil partnership. Couples, without the assistance of a CPN, may simply lodge an application to register the partnership. Alternatively, couples may choose to have a declaration ceremony (officiated by a CPN) prior to registering their relationship as a civil partnership. Civil partnership declaration ceremonies can be conducted by private CPNs, a staff member of BDM or selected Queensland Magistrates Courts.

Registration only A CPN does not perform any functions when a couple chooses to register a civil partnership without holding a ceremony. The following process applies in that situation.

1. Couples must lodge a Form 15 - Application to register a civil

partnership. 2. The application form includes a statutory declaration to be signed by

both partners in the presence of an authorised witness and it must be submitted with Proof of ID (identification) for each partner and evidence of residency.

3. There is no fee if a couple decides to register their civil partnership. 4. Registration of a civil partnership will occur after 10 clear days have

passed since the application has been lodged. The 10 day period gives couples time to adequately consider the legal effect of their registration. This is known as the “cooling-off period”.

5. The civil partnership takes effect when it is registered.

Registration plus declaration ceremony

1. A couple having a declaration ceremony with a CPN must lodge a Form

18a - Notice of intention to enter into a civil partnership with that CPN and the registrar of BDM. A couple having a declaration ceremony with the registrar or registrar’s delegate – BDM or Queensland Magistrates Court, only provides Form 18a to the registrar of BDM. Proof of ID for each partner and evidence that at least 1 of the couple lives in Queensland must be provided on the lodgement of Form 18a, regardless of who the couple choses to perform the function of CPN.

2. As soon as practicable after receiving Form 18a - Notice of Intention to enter into a civil partnership, the CPN must give each partner a


Form 16 - Written notice setting out the legal effect of a civil partnership.

3. The civil partnership declaration ceremony must occur no more than 12 months after the day the Form 18a is given to the CPN. The declaration ceremony cannot take place until 10 clear days have passed since Form 18a is provided to the CPN. This means, if a CPN receives Form 18a on the 1st of a month, the earliest they can conduct the declaration ceremony would be the 12th of that month.

4. Once registered, the civil partnership will take effect from the date the declaration ceremony was held.

5. Only an authorised CPN may conduct a declaration ceremony.

Who can enter a civil partnership?

A civil partnership may be entered into by couples, regardless of sex. Sections 4 and 5 of the Act state that any two adults (aged 18 years or over) may enter into a civil partnership provided:

at least one partner lives in Queensland either party is not married to another person either party is not already in a civil partnership in Queensland or a

relationship registered under the following Acts (that is taken to be a Queensland civil partnership):

1. Relationships Register Act 2010 (NSW) 2. Relationships Act 2008 (Vic) 3. Relationships Act 2003 (Tas) 4. Relationships Register Act 2016 (SA); and 4. Domestic Relationships Act 1994 (ACT).

they are not in a prohibited relationship with their proposed civil partner (i.e. parent, grandparent, sibling, half-sibling).

Civil partnership certificates

There are 3 types of civil partnership certificates—standard, commemorative and ceremonial. Only a standard civil partnership certificate can be used for official purposes. Couples can use the standard civil partnership certificate when applying to government agencies and banks.

The ceremonial civil partnership certificate a registered civil partnership notary gives a couple is not official.

Commemorative civil partnership certificate packages include a standard civil partnership certificate.

BDM do not send a certificate when a civil partnership is registered—couples will need to buy one. It is recommended that application form for official


standard and commemorative civil partnership certificates are submitted at the same time as the registration forms. Please check the BDM website - http://www.qld.gov.au/rbdm for current fees.

Withdrawal of applications to register civil partnerships

When civil partners have submitted a Form 15 Application to register a civil partnership under section 7 of the Act—registration only, they may withdraw their application, as long as it is within the 10 day cooling-off period.

Cooling-off period The cooling-off period applies to civil partnership registrations under section 7 of the Act. The cooling-off period is the period ending 10 clear days after a Form 15 - Application to register a civil partnership and accompanying documents are given to the registrar of BDM. During the cooling-off period, one or both persons who intended to enter into a civil partnership may withdraw the application using the Form 17 - Withdraw an application to register a civil partnership.

End a civil partnership As stated by section 14 of the Act, a civil partnership (regardless of how it was entered) ends on the following grounds:

either party passes away either party gets married

it is terminated by the process referred to below.

Section 15 of the Act states that one or both of the civil partners may apply to BDM to end their partnership.

How to apply to end a civil partnership

The Form 18 - End a civil partnership application form must be submitted to BDM and be accompanied by the fee payable.

Where an application to end a civil partnership is submitted by only one of the partners, the ‘applicant’ must serve the application to the other partner and complete the End a civil partnership Statutory Declaration (single applicant), as stated in section 16 of the Act.




What are the eligibility criteria for becoming a civil partnership notary?

In order to be registered as a CPN, a person must apply to the registrar of BDM and pay the application fee.

The Act provides that a person may be registered as a CPN if the registrar of BDM is satisfied:

a) the person is registered as a civil marriage celebrant under the Marriage Act

1961 (Cwth); or b) the person is an adult who is appropriately qualified to exercise the functions

of a CPN and is a suitable person to be registered.

Appropriately qualified means the person has the qualifications, experience or standing appropriate to perform the function or exercise the power. In deciding whether a person, who is not registered as a marriage celebrant, is suitable to be registered as a CPN, the registrar of BDM must have regard to whether the person has had a recorded conviction, other than a spent conviction, for an offence against the law of a state or the Commonwealth punishable by imprisonment of 1 year or more; or any offence under the Civil Partnerships Act 2011. BDM may have regard to anything else the registrar considers relevant in deciding whether a person is suitable to be registered as a CPN.

If the person is not a registered civil marriage celebrant, the person must:

1. Get a current national criminal history report from the Queensland Police Service.

2. Attach personal references from 2 adults, who are not members of the person’s family—requirements will be detailed in the application form.

3. Complete an online assessment that will be emailed to the person after the application form is submitted to BDM.

Before the declaration ceremony

The following section applies to the provision of declaration ceremonies by CPNs. The role of the civil partnership notary

A CPN must respect the importance of the declaration ceremony to the couple.

It is important that the CPN adheres to strict privacy, confidentiality and discretion.


It is recommended that an initial interview is arranged to complete the necessary application forms in advance of the ceremony, to get to know the couple, provide advice and negotiate the terms of the service. For some couples, several interviews may be required.

The CPN should:

provide direction so the couple is able to choose or compose a ceremony that will meet their needs and expectations

provide appropriate facilities for an interview

provide facilities for the secure storage of records

ensure accuracy in the information provided and the preparation of documents and application forms

ensure all necessary documents and application forms are completed and sent to BDM.

Paperwork before the ceremony

Before a declaration ceremony can be held, the couple must:

lodge Form 18a – Notice of intention to enter into a civil partnership with BDM via email or in person, and if applicable, their CPN

be provided with Form 16 - Written notice setting out the legal effect of a civil partnership.

The CPN should sight the supporting documents supplied by the couple when they lodge the Form 18a.

Regulations and administrative requirements

Earliest date of the ceremony Section 11 of the Act states the declaration ceremony must not be performed earlier than 10 days and not later than 12 months after the day the Form 18a – Notice of intention to enter into a civil partnership was given to the CPN (and lodged with BDM). For instance, when a signed notice is received by a CPN on 1 February the ceremony may not be held before 12 February at the earliest. This date must be stated in the date received section of the application form.

Shortening of time for notice

There is no provision in the Civil Partnerships Act 2011 for shortening the period of the notice to less than 10 days.


Stale notices A stale notice is a notice that was given more than 12 months before the chosen declaration ceremony date. The ceremony may not be performed in these circumstances, a new Form 18a will need to be completed and lodged by the couple.

Verification of age

A CPN must be satisfied that both partners are 18 years of age or over. Under no circumstances can a person who is under 18 enter into a civil partnership.

Names of the partners

One of the obligations of an authorised CPN under the Act is to establish the identities of the couple intending to enter into a civil partnership - by sighting proof of ID, evidence of residency and supporting documents. Accuracy in recording names helps ensure the true identity of the couple. Names should be entered on the Form 18a and the Declaration of civil partnership form exactly as they are recorded on both partners’ proof of ID and supporting documents. Addresses of the partners

The address entered on the Form 18a and the Declaration of civil partnership form must be a physical home address and not a post office box number. This address should be the current home address of each of the partners. It is extremely important to check that at least one of the partners lives in Queensland.

Relationship status

The Form 18a and Declaration of civil partnership forms provide tick boxes to indicate relationship status. Valid entries for relationship status include: single, divorced, widowed, civil partnership terminated (this also includes registered relationships terminated).

Recognition of international marriages and civil partnerships

Generally opposite sex couples who have married overseas are not eligible to enter a civil partnership in Queensland as their marriage is legally recognised in Australia.


Under the Civil Partnerships Act 2011, a person is not eligible to register their relationship as a civil partnership if he or she is married. A person is married for the purposes of the Civil Partnerships Act if the person is married under the Commonwealth Marriage Act 1961 (Marriage Act). Overseas same-sex marriages are not currently recognised as marriage in Australia under the Marriage Act. Therefore same-sex couples who have been married overseas are not precluded from applying to have their relationships registered as a civil partnership under the Civil Partnerships Act 2011. Relationships registered under relationships schemes in certain Australian jurisdictions are automatically taken to be civil partnerships under the Civil Partnerships Act 2011:

relationships registered under the Relationships Register Act 2010 (NSW)

Relationships Act 2008 (Vic) Relationships Act 2003 (Tas) Relationships Register Act 2016 (SA) Domestic Relationships Act 1994 (ACT).

However, registered relationships/civil partnerships/civil unions registered overseas are not automatically taken to be civil partnerships under the Civil Partnerships Act 2011.

Queensland recongnises partnerships and same-sex marriages as civil partnerships from these jurisdictions:

Canada New Zealand Republic of Ireland Scotland South Africa United Kingdom State of the United State of America

o California o Hawaii o New York

the above Australian states and territory.


Proof of identification

The CPN must establish the identity of each of the partners to the proposed partnership, ensuring that the couple is the same as the partners listed on the Form 18a – Notice of intention to enter into a civil partnership. A photo ID document such as a driver licence or passport is the most appropriate way of verifying this. Each applicant must provide at least 3 forms of identification, one from each of the three lists in the Proof of ID on the application form (see sample table on the next page), or alternatively, two documents from list 2 and one from list 3. As they must also supply proof of living in Queensland such as the types in list 3, this document may serve a dual purpose in providing both proof of ID and home address evidence.

Proof of living in Queensland

Section 5 of the legislation states that at least one of the partners must live in Queensland. To support this, at least one of the applicants must provide home address evidence of the type listed in List 3 in the Proof of ID section of the Form 18a (see sample table below).


Advice to couples about the ceremony

The CPN should advise all civil partnership couples that:

at least 10 clear days must pass before the declaration ceremony can be held from when the CPN is provided with the couple’s notice (Form 18a)—for instance, when a signed notice is received by a CPN on 1 February the ceremony may not be held before 12 February

the couple and their witness must bring proof of ID to the ceremony at least 1 witness must be present at the ceremony and it is the

responsibility of the couple to organise this—witnesses must be at least 18 years of age

they may change the standard declaration ceremony script to suit, and invite guests to participate in the ceremony by singing songs, reading, providing the rings, etc—provided the requirements of section 11 of the Civil Partnerships Act 2011 are met.

Fees for declaration ceremonies

The Civil Partnerships Act 2011 does not prescribe a fee to be charged by CPNs for the preparation and provision of declaration ceremonies. The CPN should provide a fair fee, based on the service provided, which should be negotiated between the CPN and the couple.

A registry ceremony costs:

$332 (Monday–Friday, 9.30am–4.00pm) $568 (Friday, 5.30pm–8.00pm) $429 (Saturday, 9.30am–4.00pm) $568 (Saturday, 4.30pm–6.30pm) $45 for a standard civil partnership certificate $61 for a commemorative civil partnership certificate page (1 standard

certificate and standard postage included).

Fees are subject to change.

The cost for a registry ceremony includes:

the ceremony a CPN the ceremony room a ceremonial civil partnership certificate.

Lodging the Notice of Intention

The CPN should provide the completed Form 18a - Notice of intention to enter into a civil partnership and written notice of the making of the declaration (which can be provided in the Declaration of civil partnership form) to BDM no later than 14 days after the day of the declaration ceremony.


This can be done:

by scanning a copy to [email protected] and via post, or in person at the Brisbane registry at Level 32, 180 Ann Street, Brisbane

During the ceremony

The role of the civil partnership notary

Only a CPN authorised under the Civil Partnerships Act 2011 may perform a declaration ceremony under Queensland law. A marriage celebrant approved under the Marriages Act 1961 is not authorised to perform civil partnership declaration ceremonies unless they have been registered as a CPN under the Civil Partnerships Act 2011. A registered CPN at a declaration ceremony should:

be responsible for ensuring that the ceremony is carried out according to law

ensure that their personal presentation is an appropriate standard for the ceremony

arrive at the venue at a time previously agreed with the couple

provide direction to the couple and witnesses regarding the ceremony, and respect their expectations

ensure that the every couple receive a level of service that meets their separate and special requirements

respect the privacy and confidentiality of all guests

identify themselves to the assembled parties, witnesses and guests as the CPN authorised to perform the ceremony

take a public role in the ceremony

ensure the ceremony can be heard by everyone present

ensure that all required documents are signed accurately at the ceremony.

Paperwork for the declaration ceremony

Prior to the ceremony, the CPN should retrieve the original Form 18a – Notice of intention to enter into a civil partnership lodged with them by the couple when they booked their ceremony.



When the couple and their witnesses arrives for the ceremony, the CPN should check their proof of ID. After the ceremony, both the Form 18a and written notice that the declaration has been made (which can be provided in the Declaration of civil partnership form) must be sent to BDM not later than 14 days, as prescribed by the legislation. Once registered, the civil partnership will take effect from the date of the declaration ceremony.

Witnesses

Under section 11 of the Act, a declaration ceremony must be witnessed by at least 1 witness present who is over the age of 18. It is the responsibility of the CPN to check documentation to ensure that the witness(es) are 18 years or over. Witness(es) must provide their full names on the necessary documents before the ceremony.

The ceremony script

Under section 11 of the Act, the declaration spoken at the ceremony must include the following:

the names of the couple an acknowledgement that they are freely entering into a civil

partnership with each other.

Provided the requirements of section 11 of the Act are met, couples may nominate their own words, and CPNs may create their own scripts. CPNs are encouraged to work with each couple to provide a declaration ceremony that meets their needs, and to assist couples who wish to design and write their own. Guests at the ceremony may also participate by reading, singing or being the witness to the ceremony, subject to the prior agreement of the couple. A sample script is provided on page 22 of this handbook. In order to maintain a consistent and professional level of service, it is strongly recommended that this script is adopted wherever possible, and used as the foundation for declaration ceremonies in which couples choose to personalise the wording. It is further recommended that the partners’ full legal names are used early during the ceremony. Shortened, Christian names or nicknames—such as Bill, may be used subsequent to the first use of the full names.


Memento of the day

BDM will send newly registered CPNs a template which can be used to produce a ceremonial certificate on the day of the ceremony. As this is simply a ceremonial certificate, there are no requirements for the type and colour this certificate can be printed on. It is important to note that the ceremonial certificate is not a legal document and cannot be used for identity purposes (such as a passport or a driver licence). This MUST be explained carefully to the couple. Couples should be encouraged to apply for a standard civil partnership certificate. Only the standard civil partnership certificate, printed on security paper by BDM, can be used for official purposes.

After the ceremony

Both the Form 18a – Notice of intention to enter into a civil partnership and written notice that the declaration has been made (which can be provided in Declaration of civil partnership form) must be sent to BDM not later than 14 days after ceremony, as prescribed by the legislation. Once registered, the civil partnership will take effect from the date of the declaration ceremony.

Professional behaviour

CPNs must be mindful of the following values in the discharge of their duties:

Integrity and impartiality – CPNs will show:

commitment to the highest ethical standards acceptance and value of their duty to provide advice which is objective,

independent, apolitical and impartial commitment to honest, fair and respectful engagement with all persons recognition of the social, cultural and legal significance of civil

partnerships in the Queensland community.

Accountability and transparency – CPNs will:

be committed to exercising proper diligence, care and attention be committed to managing information as openly as practicable within

the legal framework access and use supplied information only for the purpose for which it

was supplied advise of any conflict of interest in undertaking their role. These may

arise where two different interests overlap - where your duties or responsibilities as a CPN could be affected by some other interest or


duty you may have due to a role or relationship, your financial affairs, or something you have said or done.

High standard of service – CPNs will:

value and seek to achieve excellence in service delivery value and seek to innovate and continuously improve performance ensure that his or her personal presentation is of an appropriate standard

at all times ensure that the parties to each declaration ceremony receive a level of

service that meets their separate and special requirements.

Complaints

CPNs must give couples information about how to notify the registrar of BDM of any concerns or complaints they may have regarding the services provided by a CPN. They may:

Email [email protected], we aim to reply to online enquiries within 2 business days.

Call: Local call* 13 QGOV (13 74 68) ( tel:137468 ) International +61 7 3405 0985 ( tel:61734050985 ) (+10 hours UTC)

(Phone lines open Monday-Friday, 8.30am-4.30pm) *Costs may be higher from mobile phones and interstate.

Visit the BDM website: www.qld.gov.au/rbdm Offences relevant to civil partnership notaries

CPNs and couples must comply with the Civil Partnerships Act 2011. The Act contains the following offences.

As indicated in section 34 of the Act, a CPN commits an offence if the notary:

1. Allows a declaration of civil partnership or a purported declaration to be made before the notary, and the notice required under section 10 has not been given to the notary, or was not given to the notary within the period under section 11(2).

2. Allows a declaration of civil partnership or a purported declaration to be made before the notary and the notary has reasonable grounds to believe the civil partnership would be void under section 30 of the Act.


tel:137468

tel:61734050985



A person commits an offence if the person makes a declaration mentioned in section 11 of the Civil Partnerships Act 2011 with the intention of entering into a civil partnership with someone else (the person’s partner) and: 1. The declaration is made before a person (the third person) who is not a CPN 2. The person knows the third person is not a CPN, and 3. The person has reasonable ground to believe that the person’s partner

believes that the third person is a CPN.

It is also an offence under the Births, Deaths and Marriages Registration Act 2003 for a CPN not to provide written notice of the making of the declaration and the notice the couple gave the CPN not later than 14 days after the declaration.

Appendix A - Useful references Legislation http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2011/11AC046.pdf Forms All application forms can be filled in online, downloaded and printed for couples to submit—check the BDM website - http://www.qld.gov.au/rbdm.

List of application forms and their use

Form 16 – Written notice setting out the legal effect of a civil partnership

The purpose of the Form 16 is to outline the legal effect of a civil partnership. It is required to be provided to a couple by a CPN as soon as practicable after the couple has provided the CPN with the Form 18a – Notice of intention to enter into a civil partnership.

Form 15 – Application to register a civil partnership

The application is to register a civil partnership only—without a declaration ceremony. It will be registered after 10 days of submitting it to BDM.

Form 18a – Notice of intention to enter into a civil partnership

CPNs should offer assistance to couples to complete their Form 18a. If the Form 18a has already been completed, the CPN should check the form for:

accuracy proof of ID supplied by both partners evidence of home address for at least 1 of the partners both partners have signed the form. The form cannot be accepted and

lodged if only one partner has signed it.

http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2011/11AC046.pdf



https://publications.qld.gov.au/dataset/written-notice-setting-out-the-legal-effect-of-a-civil-partnership/resource/862e9548-23a7-4752-9478-6c2365ec9271

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-civil-partnerships/civil-partnerships/fill-in-a-civil-partnership-application-form/

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-civil-partnerships/civil-partnerships/fill-in-a-notice-of-intention-to-enter-a-civil-partnership/


Declaration of a civil partnership

CPNs may prepare this declaration form to be signed by the couple, 1 witness and the CPN. BDM must receive notice of the declaration of a civil partnership ceremony not later than14 days after the ceremony. Civil partnership certificate application

Couples need to complete this application form, pay the fee and submit proof of ID to BDM to buy a standard civil partnership certificate or commemorative package that includes a standard civil partnership certificate.

Form 17 – Withdraw an application to register a civil partnership

This application is to withdraw an application to register a civil partnership only—without a declaration ceremony. It must be submitted within 10 days of submitting Form 15 to BDM (i.e. before cooling-off period ends).

At least 1 of the parties must sign the Form 17.

Form 18 – End a civil partnership application form

This application is to officially end a civil partnership. The termination cannot be registered until 90 days after the application is made (the termination period).

If only 1 of the parties signs the Form 18 they must serve the other partner (in accordance with section 16 of the Civil Partnerships Act 2011) with a copy and submit it to BDM with a completed the End a civil partnership Statutory Declaration (single applicant).

End a civil partnership Statutory Declaration (single applicant)

This application must be completed if only 1 partner is signing the Form 18 and must be submitted to BDM with the Form 18.

Form 19 – Withdraw an application to end a civil partnership This application is to withdraw a Form 18 and may be lodged with BDM by the partner, or both partners, who submitted the Form 18—within the 90 day termination period. Get the PDF application form If you are unable to complete an application form online, you can use the PDF application forms on the Queensland Government publication portal - https://publications.qld.gov.au/organization/justice-and-attorney-general.

Appendix B - Sample ceremony script

Ceremony script (on the following page)

It is recommended that couples are provided with a sample script.

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-civil-partnerships/becoming-a-civil-partnership-notary/fill-in-a-civil-partnership-declaration-form/

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/birth-death-and-marriage-certificates/civil-partnership-certificates/fill-in-a-civil-partnerships-certificate-application-form/

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-civil-partnerships/civil-partnerships/fill-in-a-civil-partnership-withdrawal-application-form/

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-civil-partnerships/civil-partnerships/fill-in-an-end-a-civil-partnership-application-form/

https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/marriage-weddings-and-civil-partnerships/civil-partnerships/fill-in-an-end-a-civil-partnership-withdrawal-application-form/

https://publications.qld.gov.au/organization/justice-and-attorney-general


Good morning / afternoon. My name is (your name as the notary). I am authorised by Queensland law to conduct civil partnership declaration

ceremonies.

We are gathered here today to share with you this occasion when you have

chosen to commit to each other by entering into a civil partnership.

Statement of intent (repeated after notary)

I <Partner 1> am entering freely into this civil partnership with <Partner 2>.

I <Partner 2> am entering freely into this civil partnership with <Partner 1>.

Vows (spoken by notary)

<Partner 1> and <Partner 2>, I now invite you to exchange promises and

declare your commitment to each other.

(repeated after notary)

I <Partner 1> take you <Partner 2> to be my civil partner for life.

I will be considerate of your wishes and desires, and respect your integrity and

intentions. I will support your dreams and goals, and strive to keep our lives filled

with laughter and joy. Where there are troubles or sadness, I will stand with you. I

bring to you the very best person that I can and want to be, now and forever.

(repeated after notary)

I <Partner 2> take you <Partner 1> to be my civil partner for life.

I will be considerate of your wishes and desires, and respect your integrity and

intentions. I will support your dreams and goals, and strive to keep our lives filled

with laughter and joy. Where there are troubles or sadness, I will stand with you. I

bring to you the very best person that I can and want to be, now and forever.

Rings (repeated after notary)

I give you this ring/jewellery as a symbol of my commitment to you.

Notary’s declaration As you have consented together in accordance with Queensland law in the

presence of these witnesses and by giving and receiving of these rings, by the

authority vested in me, I declare that <Partner 1> and <Partner 2> are joined

now joined in civil partnership.

Civil partnership declaration ceremony

civil partnership · 2017-09-28 · civil partnership, or alternatively, the couple may hold a...

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