Civil Unions Act 2012

The Act relies on a compact set of statutory concepts that determine rights, obligations, and legal status.

• Civil union, the central concept, is defined in s 6(1) as a legally recognised relationship under the Act. The Act explicitly sets territorial legal parity with marriage under s 6(2), by requiring that for all purposes under territory law a civil union is to be treated the same as a marriage. The Marriage Act 1961 (Cwlth) definition of marriage is referenced in the notes, but no federal redefinition is attempted in this Act.
• Civil union celebrant is defined in the dictionary to mean either the registrar-general or a person registered under the Act as a civil union celebrant. The celebrant is the authorised official before whom the parties must give their declarations under s 9, and who receives the notice under s 8.
• Notice, declaration, termination notice and withdrawal notice are process concepts. A notice of intention to enter into a civil union must be given to the celebrant (s 8(1)-(2)), accompanied by statements verifying status and identity and the prescribed evidence of identity and age (s 8(2), s 23). A declaration is the reciprocal public statement the parties make before the celebrant and at least one witness, which gives effect to the civil union (s 9; s 10). A termination notice and possible withdrawal notice govern ending the civil union by the parties (s 12).
• Eligibility and prohibited relationships are eligibility gating concepts. Section 7 lists eligibility criteria: parties must be adults, not married, not in a civil union or certain kinds of civil partnerships with others, able to marry each other under the federal Marriage Act, not in a prohibited relationship set out in s 7(d) (lineal ancestor/descendant, siblings and half-siblings), and with at least one party living in the ACT (s 7).
• Void and noncompliance are different legal states. Section 21 specifies when a civil union is void, including lack of eligibility or lack of free consent. Section 22 avoids automatic invalidity for certain noncompliances: a civil union is not invalid solely because s 8 was not complied with, nor solely because the celebrant was not registered if there was a genuine belief the person was a celebrant.
• Corresponding law relationship is the concept for recognition of relationships created under other jurisdictions’ laws. Section 27 defines when such relationships will be treated as civil unions for territory law, by reference to registration/formal recognition and substantive criteria in s 27(3).
• Registrar-general, ACAT and the Supreme Court are decision and adjudicative nodes. The registrar-general registers celebrants and keeps the public register under s 15-16; certain registrar decisions are reviewable and notification rules flow from pt 4 (ss 18-20; schedule 1). The Supreme Court has powers to stay a termination notice and to make orders about ending civil unions where the statutory termination process cannot be used, and to authorise alternative service of notices where personal service is impracticable (ss 13-14, 25).
• Criminal Code interaction is a background enforcement concept. The Act repeatedly references the Criminal Code for offences such as false or misleading statements (notes to ss 8, 12, 22 and 23), and s 5 affirms the operation of Criminal Code ch 2 general principles to offences against the Act.

These concepts distribute responsibilities among private actors and public officers. The celebrant, the registrar-general and the parties have defined procedural duties, and the courts and tribunal are the review and enforcement forums. The Act’s definitions are compact, with some matters left to subordinate instruments, including regulations, approved forms and ministerial fee determinations.

The Act affects a set of identifiable actors in distinct ways, with costs and decision rights concentrated in some places and dispersed in others.

• Parties to a civil union. The primary affected group are adults who wish to enter into a civil union. Eligibility constraints are listed in s 7, which limits participation to adults who are not married, not in other civil unions or certain civil partnerships, not in prohibited relationships, able to marry under the Marriage Act, and such that at least one party lives in the ACT. Parties bear compliance costs: giving notice (s 8), providing identity evidence (s 23), complying with timing windows for declaration (s 9(3)), and, if terminating, complying with service and timing rules for termination notices and withdrawal notices (s 12, ss 24-25).
• Civil union celebrants and applicants for celebrant registration. Persons who intend to solemnise civil unions must be registered under the Act or be the registrar-general (dictionary; s 15(1)-(3)). Applicants for registration face suitability screening, including criminal record history, overseas convictions, contraventions of the Act or related registration provisions, bankruptcy/insolvency history, and physical or mental incapacity that may affect function performance (s 15(3)-(4)). Registered celebrants are subject to the register requirements (s 16) and can have their registration cancelled by the registrar-general under s 17.
• The registrar-general. The registrar-general is both an operational actor and an administrative decision‑maker. The registrar-general receives notices under ss 8 and 12, registers celebrants (s 15), maintains a register (s 16), approves forms (s 29), and provides reviewable decisions the subject of ACAT review under pt 4 and schedule 1 (ss 18-20; schedule 1 items include refusal to register and cancellation of registration).
• Courts and tribunals. The Supreme Court has specific functions under the Act. It may make orders declaring termination notices ineffective if a party did not intend to end the civil union (s 13), may make orders ending civil unions where section 12 cannot be used (s 14), and may authorise alternative service of termination or withdrawal notices when personal service is impracticable (s 25). The ACT Civil and Administrative Tribunal (ACAT) is the merits review forum for reviewable registrar-general decisions identified in schedule 1, with application rights conferred under s 20.
• Third parties whose interests are affected. The Act mandates that the registrar-general must also take reasonable steps to give a reviewable decision notice to other persons whose interests are affected by the decision, referencing the ACAT Act s 67A by note to s 19. Schedule 1 identifies the entities who may apply for review of particular decisions, but s 20 allows any person whose interests are affected by a reviewable decision to apply to ACAT.
• Persons and organisations outside the ACT. Section 27 recognises certain corresponding law relationships from other jurisdictions as civil unions for territory law, subject to the conditions in s 27(2)-(3). The Supreme Court may exercise its service order power even if the party is not in the ACT or Australia (s 25(5)).
• Government and regulatory actors. The Minister has fee-setting power under s 28; that determination is a disallowable instrument, so it interacts with legislative oversight. The registrar-general’s approved forms are notifiable instruments under s 29, and the Executive may make regulations under s 30.

Who pays. Costs are borne primarily by the private parties and celebrants. Parties must produce identity documentation and supply statements to the celebrant (s 8(2), s 23). The Minister may set fees for the Act, which will ordinarily be paid by parties and possibly by celebrants for registration, as the fee instrument will be a disallowable instrument under s 28. Criminal penalties, where applied, impose costs on convicted individuals or corporations.

Who decides. Administrative discretion is concentrated with the registrar-general on celebrant registration, maintenance of the register, approval of forms and giving reviewable decision notices (ss 15-16, 19, 29). The Supreme Court exercises judicial discretion on stay and alternative service matters and on ending civil unions where the section 12 route cannot be used (ss 13-14, 25). ACAT is the merits review body for specified registrar-general decisions (ss 18-20, schedule 1).

The Act therefore places procedural demands on private individuals and creates gatekeeping powers for the registrar-general, while reserving judicial functions to courts and tribunal for contested matters.

This Act imposes particular procedural duties on parties, celebrants and the registrar-general, and confers several express rights to register, to seek review, and to have a relationship recognised.

Duties imposed on parties

• Give notice of intention to enter into a civil union to a civil union celebrant, accompanied by prescribed statements and evidence of identity and age (s 8(1)-(2); s 23). The statements must verify status, belief about prohibited relationships, residential information, and the intention to enter the civil union (s 8(2)(a)).
• Attend before a civil union celebrant and make a declaration in each other’s presence, with at least one witness, within the statutory window of not earlier than one month and not later than 18 months after the notice (s 9(2)-(4)). The declaration must name both parties and acknowledge they are freely entering the civil union (s 9(4)).
• If a party alone gives a termination notice, serve a copy personally on the other party, and provide a statement to the registrar-general verifying personal service (s 12(2)). If personal service is impracticable, apply to the Supreme Court for alternative service under s 25.

Duties on celebrants and the registrar-general

• Civil union celebrants must provide each person with a written notice setting out the nature and effect of a civil union as soon as practicable after receiving the parties’ notice and statements (s 8(3)).
• The registrar-general must assess and register applicants who meet the criteria and must keep a register of civil union celebrants that is publicly inspectable at reasonable times (s 15(1)-(3), s 16(1), s 16(5)). The registrar-general must include specified core information in the register (s 16(3)), and may include additional information with consent constraints for contact details and other information (s 16(4)-(6)).
• The registrar-general has the administrative power to cancel a person’s registration if the person no longer meets the registration criteria (s 17).

Rights conferred on individuals

• Right to enter a civil union, subject to eligibility criteria in s 7, and to have the civil union treated as equivalent to a marriage for territory law purposes (s 6(2)). This is a statutory right to have the relationship recognised in the ACT for territorial law.
• Right to withdraw a termination notice within 12 months of giving it, subject to the same personal service procedures if only one party withdraws (s 12(3)-(4)).
• Right to apply for relief in the Supreme Court where a termination notice is believed not to reflect the parties’ intentions, including an order that a termination notice be declared ineffective (s 13(2)-(4)).
• Right to seek an ACAT review of a reviewable registrar-general decision as provided in part 4 and schedule 1 (ss 18-20; schedule 1 identifies refusal to register and cancellation of registration as reviewable decisions).
• For persons whose interests are affected by a reviewable decision, the registrar-general must take reasonable steps to notify them as required by the ACAT Act s 67A note to s 19; and such persons can apply to ACAT under s 20(b).

Procedural protections and limitations

• Noncompliance with section 8 notice requirements does not automatically render a civil union invalid, and a civil union is not invalid solely because the person to whom the notice was given, or before whom the declaration was made, was not a civil union celebrant if the parties believed that person to be a celebrant (s 22(1)-(2)). This creates a statutory safety valve for procedural errors where there is a genuine belief in compliance.
• The Act also establishes criminal and statutory consequences for false or misleading statements, and cross-references Criminal Code provisions regarding offences for false information (see notes to ss 8, 12, 23). The Act therefore couples procedural allowances with criminal liability where dishonesty is present.
• Recognition is conditional: corresponding law relationships will count as civil unions for territory law if they meet the registration/formal recognition and substantive criteria in s 27(2)-(3).

Administrative instruments and oversight

• The Minister’s fee determinations are disallowable instruments, which imposes a parliamentary check on fee setting (s 28(1)-(2)). The registrar-general’s approved forms are notifiable instruments (s 29(2)-(3)). Regulations may be made by the Executive under s 30.

These duties and rights frame how individuals interact with the administrative machinery. The model places procedural duties on private parties and discretionary powers with the registrar-general, while keeping judicial and tribunal remedies available for contested matters.

The Act creates a limited set of criminal offences, administrative sanctions, and judicial remedies to enforce compliance with its procedural rules. Enforcement occurs through criminal prosecution under specified offences, registrar-general administrative action, and court or tribunal orders.

Criminal offences and penalties

• Section 26 specifies multiple offences directed at celebrants and others who operate outside the statutory regime.
  • s 26(1): A civil union celebrant commits an offence if the celebrant allows a civil union, or a purported civil union, to be entered into before them where the required notice under s 8 has not been given to the celebrant, or was not given within the permitted period under s 9(3). Penalty: 50 penalty units, imprisonment for 6 months, or both.
  • s 26(2): A civil union celebrant commits an offence if the celebrant allows a civil union to be entered into and has reasonable grounds to believe the civil union would be void under s 21. Same maximum penalty applies.
  • s 26(3): A person who is not registered as a civil union celebrant, and who knows they are not registered, commits an offence if they perform a function of a civil union celebrant under the Act. Same maximum penalty applies.
  • s 26(4): A person who makes a declaration under s 9 intending to enter a civil union with someone else, where the declaration is before someone who is not a civil union celebrant, and the declarant knows the celebrant is not registered and has reasonable grounds to believe their partner believes the celebrant is registered, commits an offence. Same maximum penalty applies.
• The Act repeatedly notes the Criminal Code offences for false or misleading statements, information and documents in the notes to s 8, s 12, s 22 and s 23. Section 5 expressly states that Criminal Code ch 2 applies to all offences against the Act, setting out general principles of criminal responsibility.

Administrative enforcement and remedies

• The registrar-general may cancel a person’s registration as a civil union celebrant if satisfied the person does not meet, or no longer meets, the registration criteria in s 15(3) (s 17). Cancellation is a reviewable decision under schedule 1 item 2, enabling ACAT review rights (ss 18-20; schedule 1).
• The registrar-general must keep and make available the register of celebrants, including registration dates and cessation dates (s 16(3)), creating an administrative record that supports enforcement and public inspection.
• The Minister’s fee determinations are made as disallowable instruments (s 28), and the registrar-general’s approved forms are notifiable instruments (s 29). The disallowable and notifiable instrument regimes provide parliamentary and public scrutiny, which are administrative enforcement mechanisms of a different character to criminal sanctions.

Judicial enforcement and interim relief

• The Supreme Court can make an order under s 13(2) declaring that a termination notice given under s 12 is not effective where it is not the intention, or no longer the intention, of the party who gave the notice to end the civil union. An application under s 13 stays the operation of the termination notice until decided if the application remains undecided at the end of the 12 month period after the notice was given (s 13(3)). The court must give a copy of any order to the registrar-general (s 13(4)).
• The Supreme Court may also, on application, make an order ending the civil union where it cannot be ended under s 12 but both parties no longer intend to be in the civil union (s 14(1)-(2)). The court must notify the registrar-general of such orders.
• Section 25 provides the Supreme Court with an enforcement mechanism for service: the court may allow an alternative service method where personal service is impracticable and the alternative is reasonably likely to bring the notice to the party’s attention; the court may also deem service to have occurred at a stated time or upon a stated event.

Practical enforcement considerations

• Penalties are expressed in penalty units and imprisonment terms; the republication notes record the penalty unit values at the republication date as $160 for an individual and $810 for a corporation. The Act therefore attaches potentially significant monetary exposure and possible imprisonment for breaches of certain provisions by celebrants and other actors.
• The enforcement architecture mixes criminal sanctions for deliberate or reckless breaches, administrative cancellation for suitability failures, and judicial remedies to resolve contested terminations and service issues. The criminal offences focus on preventing unauthorised solemnisation and preventing corroborated deceptions; administrative tools focus on gatekeeping celebrant suitability and record integrity.
• The Act also relies on broader criminal law for false statements and misleading conduct as cross‑cutting enforcement: multiple provisions note that it is an offence under the Criminal Code to make false or misleading statements or produce false documents in the context of notices, declarations and identity evidence.

These mechanisms allocate enforcement responsibilities across criminal prosecutors, the registrar-general, and courts, with scope for both administrative correction and criminal sanction where rules are deliberately or negligently disregarded.

The Act is designed to operate within the ACT’s legal architecture and to interact with Commonwealth laws and laws of other jurisdictions in specific ways the statute expressly identifies.

Interaction with federal marriage law and territory law parity

• Section 6(2) requires that a civil union is to be treated for all purposes under territory law in the same way as a marriage. The Act’s note references the Commonwealth Marriage Act 1961 s 5 as the federal definition of marriage at the time the note was made. The Act does not purport to change the Marriage Act; rather it creates parity for territory law purposes, which affects rights and obligations governed by territory law institutions.
• This territory parity creates cross‑system interactions: rights under territory statutes governed by civil union recognition will align with those available to married couples under territory law, but the Act does not specify whether or how Commonwealth laws or other states’ laws will treat such unions; recognition beyond territory law is addressed separately by s 27.

Registration, vital statistics and record-keeping

• The Act explicitly cross-references the Births, Deaths and Marriages Registration Act 1997 pt 5A for registration requirements as a note to s 9. That indicates that registration of civil unions on the territory’s births, deaths and marriages register is a separate statutory process, and the Act’s declarations will feed into established registration systems under the 1997 Act.
• The registrar-general’s registration functions and approved forms are positioned to dovetail administratively with record-keeping obligations across the territory’s civil status regime (s 16, s 29).

Criminal law overlay

• Section 5 confirms that Criminal Code ch 2 applies to all offences against the Act. Throughout the Act, multiple provisions reference Criminal Code part 3.4 as providing offences for false or misleading statements or documents, and the Act therefore relies on Commonwealth/territory criminal definitions, culpability concepts and general defences when prosecuting offences that arise under the Act’s procedural provisions.

Administrative law and review

• Part 4 and schedule 1 create reviewable decisions and identify ACAT as the review forum. The Act incorporates the ACAT Act’s notification obligations by note to s 19, referencing ACAT Act s 67A. This is an administrative law integration point, as registration refusals and cancellations are brought within established territory administrative review processes.

Bankruptcy, insolvency and suitability

• Section 15(4)(d) allows the registrar-general to consider whether an applicant is or has been bankrupt or personally insolvent when deciding suitability for celebrant registration. That creates an interaction with bankruptcy and insolvency regimes and their public records.

Recognition of interstate and overseas relationships

• Section 27 sets out the conditions under which a corresponding law relationship is a civil union for territory law. It contemplates registration or formal recognition under the law of a State, external territory or foreign country, and sets out substantive criteria in s 27(3) including adult parties, consensual entry, absence of prohibited relationships and absence of prior marriage or recognised registered relationship. Subsection 27(2)(b) allows regulations to prescribe foreign State laws for recognition, creating a regulatory interface for cross-jurisdiction recognition.

Tribunal and court powers

• The Supreme Court’s power to make orders under s 13, s 14 and s 25 interacts with general court powers and practice, and the Act expressly contemplates inter-jurisdictional service and non‑local parties for the court’s service powers in s 25(5). The Act also makes ACAT the forum for administrative review of certain registrar-general decisions (ss 18-20; schedule 1).

Statutory instruments and parliamentary oversight

• Fees are determinations by the Minister and are disallowable instruments under s 28(2). Registrar-general approved forms are notifiable instruments under s 29(3). These features place fee and form instruments under the territory’s subordinate instrument review regimes.

Taken together, the Act is deliberately modular: it creates a distinct territorial regime for civil unions that is intended to interoperate with the territory’s registration, administrative law, criminal law and court systems, while setting out a path for recognition of corresponding relationships from other jurisdictions. The Act’s cross‑references and instrument design choices allocate regulatory responsibilities to established territorial actors.

The Act’s legislative history, as set out in the endnotes, records enactment, attempted repeal, subsequent amendments and the dates those changes became effective.

Key chronological points

• Original enactment and commencement. The Civil Unions Act 2012 (A2012-40) was notified on the legislation register on 4 September 2012, with sections 1 and 2 commencing on 4 September 2012 and the remainder commencing on 11 September 2012, per the legislation history in endnote 3.
• Attempted repeal and High Court decision. The Marriage Equality (Same Sex) Act 2013 (A2013-39) included a repeal provision, but the legislation history notes that the repeal was "of no effect" following the High Court decision Commonwealth v Australian Capital Territory [2013] HCA 55. The Marriage Equality Act was notified on 4 November 2013, with s 51 (repeal) commencing on 7 November 2013, but the High Court invalidated the repeal of federal operation; the endnotes record the High Court decision in December 2013, and the legislation history documents the interaction.
• Subsequent amendments. The Act has been amended multiple times:
  • Statute Law Amendment Act 2015 (No 2) A2015-50 made amendments recorded in the amendment history and relevant to the dictionary and reviewable decision definition, with commencement in late 2015 (endnote 3).
  • Red Tape Reduction Legislation Amendment Act 2016 A2016-18 effected changes to s 8 and s 12 among others, with commencement dates in April 2016 and later (endnote 3 and 4).
  • Justice and Community Safety Legislation Amendment Act 2017 A2017-5 made changes including substitution of s 27 to provide the recognition framework for corresponding law relationships, with commencement in March 2017 (endnote 3 and 4).
  • Statute Law Amendment Act 2025 A2025-29 amended multiple provisions and sch 4 parts, with notification on 6 November 2025 and various commencement dates, including sch 3 pt 3.17 and sch 4 pt 4.30 commencing 16 November 2025. The amendment history (endnote 4) lists sections amended by A2025-29: s 7 (eligibility criteria), s 8, s 12, s 15, s 19, s 20, s 23, s 26, s 28-s 30, among others.

Specific section amendment notes

• The amendment history entry lists specific sections altered by the 2015, 2016, 2017 and 2025 amending Acts. For example, s 7 was amended by A2025-29; s 8 was amended by A2016-18 and A2025-29; s 12 was amended by A2016-18 and A2025-29; s 15 was amended by A2025-29; s 23 was amended by A2016-18; s 26 was amended by A2016-18. These amending Acts are cited in the endnotes (see endnotes 3 and 4).
• The endnotes also record expiries and transitional provisions that applied to earlier versions of the Act, including a number of provisions that expired on 11 September 2013 as the statutory scheme evolved.

Republication and editorial updates

• The document before you is a republication containing editorial amendments under the Legislation Act 2001 part 11.3. The preface explains that the Parliamentary Counsel’s Office may make editorial amendments of a formal nature and that these editorial changes take effect as if made by an Act commencing on the republication date (see the republication preface text). The republication collates amendments up to 16 November 2025.

Implications of the amendment history in use

• The endnotes reveal that the Act has been actively maintained and adjusted across multiple legislative sessions, with changes to eligibility, procedural rules and celebrant registration criteria among others. The Act’s interaction with constitutional and federal law was highlighted by the High Court’s 2013 decision recorded in the legislation history, which affected the legal landscape immediately after enactment.

For precise drafting history and the text of each amending Act, the endnotes point to the specific amending instruments by citation and commencement dates, which practitioners should consult where a historical point of law depends on the text in force at a particular date.

The text of the Act and the republication endnotes record a single, principal High Court proceeding that directly affected the legislative landscape surrounding the Act.

• Commonwealth v Australian Capital Territory [2013] HCA 55. The legislation history in the endnotes records that the Marriage Equality (Same Sex) Act 2013 attempted to repeal the Civil Unions Act 2012 by including a repeal provision (A2013-39, s 51). The endnotes state that the repeal was "of no effect" following the High Court decision of 12 December 2013 in Commonwealth v Australian Capital Territory [2013] HCA 55. The republication notes that the repeal by the 2013 Act was declared invalid by the High Court. The legislation history entry references this decision as the reason the repeal was of no effect and documents the subsequent republication history.
• No other cases are named or recorded in the Act text or endnotes. The Act relies on the Supreme Court of the ACT for certain remedial orders under ss 13, 14 and 25, and on ACAT for merits review of registrar-general decisions under pt 4 and schedule 1. Those provisions anticipate litigation or tribunal proceedings in practice, but none are named in the statute text beyond the High Court decision referenced in the endnotes.
• Practitioners should be aware that the High Court decision is recorded in the Act’s legislative history and that the Act’s current form includes amendments and policy adjustments made after that litigation episode. For any issue involving constitutional or federal interaction, the High Court decision and subsequent federal/territory developments should be consulted in the primary law reports and statute versions current at the relevant time.

This limited litigation history as recorded in the Act underscores that the principal constitutional litigation affecting the Act was resolved in the High Court in 2013; the Act itself and related subordinate instruments have been subsequently amended pursuant to ordinary legislative processes as set out in the amendment history.

The Act contains several procedural traps, timing sensitivities, and points of uncertainty that practitioners, celebrants and parties should note. These are concrete operational pitfalls rooted in the statute’s text.

Timing windows and delayed operation of termination notices

• Notice-to-declaration window. A civil union declaration must be made not earlier than one month and not later than 18 months after the notice is given to the celebrant (s 9(3), note to s 8). If a declaration is made outside this window the statutory preconditions are not met.
• Termination notices have deferred effect. A termination notice ends the civil union 12 months after the day it is given to the registrar-general in accordance with s 12, unless withdrawn or stayed by an application to the Supreme Court. This creates a 12 month limbo period in which the parties remain in the civil union unless a withdrawal is filed.
• Stay on termination notices pending court application. If a party applies under s 13(2) to the Supreme Court to have a termination notice declared not effective, and the application is not decided within the 12 month period, the application stays the operation of the notice until decided (s 13(3)). Practitioners must account for strategic timing and potentially prolonged uncertainty where applications are made close to the expiration of the 12 month period.

Personal service rules and alternative service

• Personal service is required where a termination notice is given by only one party, and the serving party must also give a statutory statement verifying personal service (s 12(2)). Section 24 specifies how to effect personal service, including alternatives if the party refuses to accept a copy.
• If personal service is impracticable, s 25 requires an application to the Supreme Court for an order authorising another service method. The court will require showing that the alternative is reasonably likely to bring the notice to the attention of the party (s 25(3)). The delays inherent in seeking court orders should be anticipated.

Noncompliance is not always fatal, but criminal liability may follow

• The Act expressly states that a civil union is not invalid only because a requirement of s 8 was not complied with (s 22(1)). It also preserves a party’s civil union where the person before whom the declaration was made was not a civil union celebrant if the parties believed the person was a celebrant (s 22(2)). This safety valve helps validate relationships where procedural errors occur in good faith.
• However, the Act and its notes repeatedly cross-reference Criminal Code offences for false or misleading statements. Making false statements to satisfy identity or status requirements, or fabricating documents, can attract criminal liability independent of civil status outcomes (notes to ss 8, 12, 23). The statute thus separates civil validity from criminal culpability.

Celebrant registration and suitability criteria

• Suitability may be rejected on various grounds, including past convictions punishable by one year or more imprisonment, overseas convictions of equivalent severity, previous contraventions of the Act or related registration provisions, bankruptcy or personal insolvency, and physical or mental incapacity of the applicant (s 15(3)-(4)). These grounds are broad and partially discretionary; registrars may also take into account “anything else” they consider relevant (s 15(5)). Applicants should prepare to disclose material personal history and to address discretionary assessments.
• Cancellation of registration is at the registrar-general’s discretion where the celebrant no longer meets the registration criteria (s 17). Cancellation is a reviewable decision under schedule 1 item 2, but registrants can be unexpectedly deregistered if suitability factors arise.

Privacy and public register exposure

• The register of civil union celebrants must be available for public inspection at reasonable times (s 16(5)). However, a registrant’s address and contact details and any other information included under s 16(4) are only available for public inspection if the person consents (s 16(6)). Celebrants must actively manage consent choices, and parties should be aware that celebrant information on the register will vary by consent status.

Recognition pitfalls for corresponding law relationships

• Section 27 permits recognition of corresponding law relationships, but only if those relationships meet the conditions in s 27(3) including adult parties, consensual entry, absence of prohibited relationships, and absence of existing marriage or registered/formally recognised relationship. Not every interstate or foreign registered relationship will qualify automatically; practitioners must check the substantive criteria and any regulations prescribing particular foreign laws under s 27(2)(b).

Criminal exposure for non-registered celebrants and deceptive conduct

• The Act makes it an offence to act as a celebrant knowing one is not registered (s 26(3)), and an offence to make declarations before non-registered celebrants where the declarant knows this fact and the partner is deceived (s 26(4)). Celebrants and parties should guard against participating in ceremonies where the celebrant’s registration status is uncertain.

Administrative instrument risks

• Fees are set by ministerial determination and are disallowable instruments (s 28). So fees may change, and they are subject to parliamentary disallowance. Approved forms must be used for their particular purposes (s 29). Failure to use approved forms may create procedural complications.

These “gotchas” are concrete statutory traps that create timing pressures, exposure to criminal liability where dishonesty exists, discretionary suitability assessments for celebrants, and information exposure on public registers. Practitioners should plan procedures to manage service requirements, maintain records of identity evidence, check celebrant registration status, and consider the 12 month termination regime when advising clients.

The Act sets out discrete compliance steps for parties, celebrants and administrative officers. Below is a practical checklist mapped to statutory provisions to achieve compliance, followed by notes on record-keeping, dispute responses and celebrant obligations.

For parties intending to enter a civil union

1. Confirm eligibility. Before initiating any process, verify eligibility under s 7:
   • Each person must be an adult,
   • Each must not be married, in a civil union, or in a civil partnership with someone other than the proposed partner,
   • The parties must not be in a prohibited relationship as defined in s 7(d),
   • Parties must be able to marry each other under the Marriage Act 1961 (Cwlth) (s 7(c)),
   • At least one party must live in the ACT (s 7(e)).
2. Gather identity documents. Prepare evidence of identity and age as listed in s 23(1): a birth certificate, citizenship certificate, or current passport, or a statutory statement verifying impracticability of obtaining those documents and setting out birth details (s 23(1)(d)). Be mindful that making false statements is an offence under the Criminal Code, as noted in the Act.
3. Give notice to a civil union celebrant. Provide the notice of intention and the required statements to a civil union celebrant within the statutory window for declaration: the notice must be given not earlier than 18 months and not later than one month before the declaration (see s 8(1) and s 9(3) note). The notice must be accompanied by the statements verifying status and beliefs about prohibited relationships, and the identity evidence (s 8(2)).
4. Receive written explanatory notice from celebrant. The celebrant must give each person a written notice setting out the nature and effect of a civil union as soon as practicable after receiving the notice and statements (s 8(3)).
5. Make the declaration. On the specified date within the window (not earlier than one month and not later than 18 months following the notice), each person must make the required reciprocal declaration before the celebrant and at least one witness, naming both parties and acknowledging free entry into the civil union (s 9(2)-(4)). Ensure the celebrant is registered; section 22(2) protects a good faith belief in a celebrant’s status, but criminal liability may attach if parties knowingly use an unregistered celebrant (s 26).

For terminating a civil union

1. Prepare a termination notice. A party or both parties may give the registrar-general a termination notice (s 12(1)).
2. If only one party gives the notice, effect personal service. If only one party gives the termination notice, a copy must be served personally on the other party and a statutory statement filed verifying the personal service (s 12(2), s 24). Service methods are specified in s 24; if personal service is impracticable, apply to the Supreme Court for an alternative service order under s 25(2)-(3).
3. Be aware of the 12 month operation period. A termination notice takes effect 12 months after being given to the registrar-general unless withdrawn or stayed (s 12(5)). A withdrawal can be given within 12 months, subject to personal service requirements where only one party withdraws (s 12(3)-(4)). If a party believes they did not intend to end the civil union, they may apply to the Supreme Court to have the notice declared ineffective (s 13).

For celebrants and prospective celebrants

1. Apply for registration. Apply in writing to the registrar-general for registration as a civil union celebrant (s 15(1)). Ensure you meet the mandatory criteria in s 15(3): be an adult, have necessary knowledge and skills or experience, and be a suitable person.
2. Prepare suitability material. Anticipate inquiries into criminal history, overseas convictions, contraventions of the Act or the Births, Deaths and Marriages Registration Act 1997 pt 5A, bankruptcy or insolvency, and physical or mental capacity (s 15(4)). Provide full and accurate information.
3. Maintain records and consent choices. The registrar-general keeps a public register with specified items (s 16(3)-(6)). Decide whether to consent to disclosure of address and contact details since those items will be public only with consent (s 16(6)).
4. Use approved forms. Where the registrar-general approves a form for a particular purpose, use that approved form (s 29(2)). Approved forms are notifiable instruments.
5. Avoid statutory offences. Do not authorise a civil union without the required notice or outside the permitted notice period (s 26(1)). Do not permit a civil union to be entered where you have reasonable grounds to believe the union would be void (s 26(2)). Remain registered if performing celebrant functions; performing such functions while unregistered and knowing you are unregistered is an offence under s 26(3).

For registrars and the registrar-general

1. Maintain registration infrastructure. Keep the register in any form decided by the registrar-general, ensure it contains required information (s 16(1)-(4)), and make it available for public inspection at reasonable times (s 16(5)-(6)).
2. Meet notification and review obligations. When making a reviewable decision, give reviewable decision notices to the entities named in schedule 1 and take reasonable steps to notify other affected persons in accordance with the ACAT Act s 67A note to s 19. Ensure that reviewable decision notices trigger ACAT review rights under ss 18-20 and schedule 1.
3. Approve and use forms. Approve forms as appropriate, and require their use where approved (s 29). Ensure that forms are published as notifiable instruments as required.
4. Fee administration. When determining fees under s 28, use disallowable instrument procedures and expect parliamentary oversight.

Record-keeping and evidentiary practices

• Keep copies of notices, statutory statements verifying personal service, identity evidence, celebrant registration checks, and any applied approved forms. Criminal exposure for false statements or documents is a recurring statutory concern as noted in the Act’s notes.
• Where service cannot be effected personally, document attempts and consider early application to the Supreme Court for alternative service to mitigate delay (s 25).

Dispute handling

• If a termination notice is contested on the basis of intent, a party should promptly apply to the Supreme Court under s 13 to seek an order the termination notice is ineffective. An application made before the 12 month period expires will stay the operation of the notice until the application is decided if the application is not decided within 12 months (s 13(3)).
• For registrar decisions on registration refusal or cancellation, use ACAT review per part 4 and schedule 1. Ensure statutory notices are properly given to preserve review rights (ss 18-20; schedule 1).

Compliance emphasises accurate documentation, strict adherence to time windows, careful handling of service requirements, and an understanding that criminal liability may attach to dishonest statements or unauthorised celebrant conduct. Practitioners should also monitor ministerial fee determinations and registrar-approved forms as they will be the instruments governing procedural fees and the precise formats for notices and statements.