2008

THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

CIVIL PARTNERSHIPS AMENDMENT BILL 2008

EXPLANATORY STATEMENT

Circulated by authority of 
Dr Deb Foskey MLA

CIVIL PARTNERSHIPS AMENDMENT BILL 2008

OVERVIEW

The purpose of the Civil Partnerships Amendment  Bill 2008 (the Bill) is to provide a mechanism for two people, regardless of their sex, to enter a formally recognised relationship, known as a civil partnership, by making a declaration before a civil partnership notary, if they so chose; and to establish the registration of civil partnership notaries.

SUMMARY OF CLAUSES

Clause 1 	sets out the name of the Bill

Clause 2 	provides for commencement of the Act 

Clause 3 	identifies the Acts and other legislation amended by this Bill.

General
Clause 4 	sets out the general nature of a civil partnership as a legally recognised relationship.  

Clause 5 	amends the heading for Div 2.3 

Clause 6 	inserts new section 6A which makes it clear that a couple can enter into a civil partnership through registration by making a declaration before a civil partnership notary.
 
Entering into civil partnership
Clause 7 	inserts a reference to new section 6A (a) for people applying to the registrar-general to register their relationship as a civil partnership.

Clause 8	inserts new sections 8A and 8B
New Section 8A requires parties who intend to enter a civil partnership through public declaration (under section 6A(b). to give  notice of that intention  to a civil partnership notary. The notice must be accompanied by a statutory declaration that goes to the eligibility requirements for entering a civil partnership.  As soon as practicable after the notice is given, the civil partnerships notary must give the parties a notice of information about the effect of a civil partnership.  The intention of this notice is to ensure that the parties are aware of the nature of the relationship they are creating.  

New Section 8B sets out the formal process for entering a civil partnership.  The parties must make a declaration that they intend to enter into a civil partnership and that they are doing so of their own free will.  The declaration must be made not earlier than 5 days, and not later than 18 months, after the day the notice referred to in New Section 8A has been given. The section also contains witnessing requirements.  

Part 2A – Civil Partnerships Notaries
Clause 9	inserts new part 2A which establishes civil partnership notaries
	New section 11A sets out the basis on which a person may be registered as a civil partnership notary.  Registration of civil partnership notaries will be a function of the Registrar-General.  

Before registering a person as a civil partnership notary, the Registrar-General must be satisfied that the person has the necessary knowledge and skills or experience to exercise the functions of a civil partnership notary and that they are a suitable person to be registered.  In deciding whether a person is suitable the Registrar-General is required to have regard to particular matters and these are listed in new section 11A(4).  While the Registrar-General must consider these matters, the Registrar-General may also have regard to any other matter that he or she considers relevant.

New section 11B requires the Registrar-General to keep a register of people who are registered as civil partnership notaries.  The register may be kept in an electronic form.

New section 11C provides that the Registrar-General may cancel a person’s registration if the Registrar-General considers that the person no longer meets the criteria for registration as a civil partnership notary. 

New section 11D provides a right of review of decisions of the Registrar-General.  Review of decisions will be undertaken by the Administrative Appeals Tribunal.

New section 11E requires the Registrar-General to give a notice about a decision under clause 16 or 18 to the person affected by a decision advising them of their right to have the decision reviewed.

Miscellaneous
Clause 10	inserts new section 12A which provides that a civil partnership is not invalid only because of a failure to comply with formalities.

Clause 11 replaces sections 16 and 17 with a new section 16 which identifies a range of offences for the Act that apply to civil partnerships entered into before a civil partnership notary.  These offences are intended to maintain the integrity of the civil partnership scheme.

Clause 12 inserts a definition of civil partnership notary in the Dictionary

Schedule 1.

	Part 1.1 Births, Deaths and Marriages Registration Act 1997	

Amendment 1.1 replaces section 32A to specify what is required of the registrar general when civil partnerships are registered, and where a partnership is entered into before another civil partnership notary, what is required of the notary to facilitate that registration 

Amendment 1.2 includes civil partnership notary in a list of defined terms in a note in the dictionary 

	Part 1.2 Births, Deaths and Marriages Registration Regulation 1998

	Amendment 1.3 ensures the particulars prescribed by regulation for the registration of partnerships apply to those civil partnerships entered into before a notary.

	Amendment 1.4 specifies the place as well as the date of the entry into the civil partnership.

Amendment 1.5 adds witness details to the information prescribed for civil partnerships that have been entered into before a civil partnership notary.

Amendment 1.6 adds the details of the relevant civil partnership notary to the information prescribed for all civil partnerships that have been entered into before a notary.