Civil Partnerships Act 2011

This Act may be cited as the Civil Partnerships Act 2011.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 2 defines particular words used in this Act.

A civil partnership is a legally recognised relationship that, subject to this Act, may be entered into by any 2 adults, regardless of their sex.

A civil partnership terminates only as provided by division 4.

Note—

Division 4 provides for termination by death, marriage or registration of a termination application.

A person may enter into a civil partnership only if—

the person is not married or in a civil partnership; and

the person does not have any of the following relationships (a prohibited relationship) with the person’s proposed civil partner—

lineal ancestor;

lineal descendent;

sister;

half-sister;

brother;

half-brother; and

the person or the person’s proposed civil partner lives in Queensland.

Two adults who are in a relationship as a couple, regardless of their sex, and who meet the eligibility criteria mentioned in section 5, may enter into a civil partnership by—

having their relationship registered under section 9; or

making a declaration of civil partnership under section 11 and having their relationship registered under section 12.

Note—

The registrar must enter particulars of a civil partnership entered into under this Act in the register under the Births, Deaths and Marriages Registration Act 2023, part 7.

Two persons who wish to enter into a civil partnership as mentioned in section 6(a) may apply to the registrar for registration of their relationship as a civil partnership.

The application must be in the approved form and accompanied by—

a statutory declaration made by each person stating—

that the person wishes to enter into a civil partnership with the other person; and

that the person is not married or in a civil partnership; and

that the person believes the person and the other person do not have a prohibited relationship; and

where the person lives; and

the documents prescribed by regulation to prove each person’s identity and age; and

anything else prescribed by regulation.

The registrar may require 1 or both of the applicants to give the registrar additional information or documents the registrar reasonably needs to decide the application.

If a requirement under subsection (3) is not complied with, the registrar may refuse to consider the application further.

The registrar must not register a relationship under section 9(1)(a) before the end of the cooling-off period for the application made under section 7.

One or both of the persons who have made the application under section 7 may withdraw the application during the cooling-off period by giving the registrar a withdrawal notice in the approved form.

On application under section 7, and as soon as practicable after the end of the cooling-off period for the application, the registrar must—

register the relationship as a civil partnership and make an endorsement to that effect on the application; or

refuse to register the relationship as a civil partnership.

The registrar must register the relationship as a civil partnership unless satisfied that—

1 or both of the persons do not meet the eligibility criteria mentioned in section 5; or

1 or both of the persons has withdrawn the application under section 8(2).

Note—

The registrar must enter particulars of a civil partnership in the register under the Births, Deaths and Marriages Registration Act 2023, part 7.

Before 2 persons enter into a civil partnership as mentioned in section 6(b), they must give notice in the approved form of their intention to enter into a civil partnership to—

a civil partnership notary; and

if the civil partnership notary mentioned in paragraph (a) is not the registrar—the registrar.

Note—

The notice must be given not earlier than 12 months and not later than 10 days before the declaration of civil partnership is made—see section 11(2).

The notice must be accompanied by—

a statutory declaration made by each person stating—

that the person wishes to enter into a civil partnership with the other person; and

that the person is not married or in a civil partnership; and

that the person believes the person and the other person do not have a prohibited relationship; and

where the person lives; and

the documents prescribed by regulation to prove each person’s identity and age; and

anything else prescribed by regulation.

The notice must state the day on which the 2 persons intend to make a declaration of civil partnership under section 11.

As soon as practicable after receiving the notice and statutory declarations, the civil partnership notary must give each person a written notice in the approved form setting out the legal effect of a civil partnership.

Two persons who have given notice to a civil partnership notary, and the registrar if required under section 10(1)(b), may make a declaration of civil partnership before the civil partnership notary and at least 1 other adult witness.

The declaration must be made not earlier than 10 days, and not later than 12 months, after the day the notice was given to the civil partnership notary.

The declaration must be made by each person to the other and must contain a clear statement that—

names both persons; and

acknowledges that they are freely entering into a civil partnership with each other.

As soon as practicable after the registrar becomes aware, under the Births, Deaths and Marriages Registration Act 2023, section 87 or otherwise, of the day that 2 persons have made a declaration of civil partnership under section 11, the registrar must—

register the relationship as a civil partnership and make an endorsement to that effect on the notice they gave the registrar under section 10; or

refuse to register the relationship as a civil partnership.

The registrar must register the relationship as a civil partnership unless satisfied that the 2 persons have not made a declaration of civil partnership under section 11.

The endorsement must state the day on which the registration has effect, which must be—

the day stated in the notice under section 10(3); or

if the registrar is satisfied that the declaration of civil partnership was made on another day—the day that the registrar considers appropriate in the circumstances.