Marriage Amendment Regulations 2003 (No. 2)1

Statutory Rules 2003 No. 1982

I, GUY STEPHEN MONTAGUE GREEN, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Marriage Act 1961.

Dated 30 July 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

DARYL WILLIAMS

Attorney-General

1 Name of Regulations

  These Regulations are the Marriage Amendment Regulations 2003 (No. 2).

2 Commencement

  These Regulations commence on the commencement of Schedule 1 to the Marriage Amendment Act 2002.

3 Amendment of Marriage Regulations 1963

  Schedule 1 amends the Marriage Regulations 1963.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 4 (1), after definition of official certificate

insert

Registrar of Marriage Celebrants means the Registrar of Marriage Celebrants under section 39A of the Act.

registration year means a period of 12 months beginning on 1 September.

[2] Part III, Division 1, heading

substitute

Division 1 Ministers of religion

[3] Part III, after Division 1

insert

Division 1A Marriage celebrants

Subdivision 1 General

37E Application of Subdivision 1

  This Subdivision prescribes matters for Subdivision C of Division 1 of Part IV of the Act in relation to marriage celebrants (other than in relation to complaints).

Note 1   Under subsection 5 (1) of the Act, marriage celebrant means a person registered under Subdivision C of Division 1 of Part IV of the Act.

Note 2   Subdivision 2 of this Division sets out the procedures for making and resolving complaints about the solemnization of marriages by marriage celebrants.

37F Definitions

  In this Subdivision:

Australian National Training Authority means the authority of that name established under the Australian National Training Authority Act 1992.

formal course of training means:

 (a) a course conducted by a university that includes the marriage celebrancy unit; or

 (b) a course in marriage celebrancy conducted by a registered training organisation.

marriage celebrancy unit means the unit of competency, identified as CHCMCEL401A, of the Community Services Training Package 2002, published by the Australian National Training Authority, as in force on 1 September 2003.

registered training organisation means:

 (a) in relation to a qualification — an organisation that is registered under a law of a State or Territory as an organisation that is accredited to issue the qualification; and

 (b) in relation to a course in marriage celebrancy — an organisation that is registered under a law of a State or Territory as an organisation that is accredited to conduct the course and to issue to a person who has successfully completed the course:

 (i) a Certificate IV in Marriage Celebrancy; or

 (ii) a Statement of Attainment in the marriage celebrancy unit.

37G Qualifications and skills required for registration as a marriage celebrant (Act s 39C)

 (1) For paragraph 39C (1) (b) of the Act, a person must have:

 (a) at least 1 of the qualifications mentioned in subregulation (2); or

 (b) all the skills mentioned in subregulation (3).

 (2) For paragraph (1) (a), the qualifications are as follows:

 (a) a certificate (however described) awarded by a university, showing successful completion of a course conducted by the university that includes the marriage celebrancy unit;

 (b) a Certificate IV in Marriage Celebrancy awarded by a registered training organisation;

 (c) a Statement of Attainment in the marriage celebrancy unit awarded by a registered training organisation;

 (d) a written assessment given by a qualified assessor, showing attainment of competency in the marriage celebrancy unit.

 (3) For paragraph (1) (b), the skills are as follows:

 (a) fluency in an indigenous language;

 (b) ability to liaise with clients and, if appropriate, the indigenous community in planning a marriage ceremony;

 (c) ability to conduct a marriage ceremony, and to register a marriage, as required under the Act (including completing the required documentation);

 (d) ability to communicate effectively.

 (4) In this regulation:

qualified assessor means a person who:

 (a) holds a qualification at or above the Certificate IV level in Assessment and Workplace Training to conduct assessments for the marriage celebrancy unit; and

 (b) in relation to an assessment that includes an assessment of a course of training previously undertaken by the person assessed — is not employed by, and is not conducting the assessment on behalf of, an organisation that conducted the course of training.

37H Application for registration as a marriage celebrant — Form 12A (Act s 39D (1))

  For paragraph 39D (1) (a) of the Act, an application for registration as a marriage celebrant must be in accordance with Form 12A.

37I Details to be entered in register of marriage celebrants (Act s 39D (5), s 39K)

 (1) For subsection 39D (5) of the Act, the following details relating to a person who is registered as a marriage celebrant must be entered in the register of marriage celebrants:

 (a) the person’s title and full name;

 (b) the person’s contact details (including contact address);

 (c) whether the person proposes to conduct religious ceremonies and, if so, the name of the religious organisation under the authority of which the person proposes to conduct the religious ceremonies;

 (d) the date of registration.

Note   See also the following provisions of the Act in relation to details to be entered in the register:

(a) paragraph 39I (2) (c) — suspension of a marriage celebrant’s registration;

(b) subsection 39J (3) — giving effect to a decision of the Administrative Appeals Tribunal in relation to an application for review of a decision under section 39J of the Act.

 (2) For paragraph 39K (a) of the Act, the Registrar of Marriage Celebrants must amend the details relating to a marriage celebrant in the register:

 (a) if the marriage celebrant informs the Registrar of any times when he or she will be unavailable — by entering those times in the register; and

 (b) by changing the details in the register if:

 (i) the Registrar becomes aware of a clerical error in the details; or

 (ii) the marriage celebrant informs the Registrar of any change to the details; and

 (c) by removing the marriage celebrant’s details from the register if:

 (i) the marriage celebrant informs the Registrar that he or she no longer wishes to be registered as a marriage celebrant; or

 (ii) the marriage celebrant informs the Registrar that he or she has become a minister of religion of a recognized denomination; or

 (iii) the Registrar is satisfied that the marriage celebrant has died.

Note   See also paragraph 39I (2) (d) of the Act under which, as a disciplinary measure against a marriage celebrant, the Registrar may deregister the marriage celebrant by removing his or her details from the register.

 (3) An amendment to the register under subregulation (2) takes effect on the date of the amendment.

 (4) The Registrar must ensure that a paper copy of the register is printed and made available as soon as practicable after the beginning of each registration year.

37J Notification of decision in relation to application for registration as a marriage celebrant — Form 12B (Act s 39D (6), (7))

 (1) For subsection 39D (6) of the Act, if the Registrar of Marriage Celebrants registers a person as a marriage celebrant, the Registrar must, as soon as practicable, give to the person a notice in accordance with Part A of Form 12B.

 (2) If the Registrar decides not to register a person as a marriage celebrant, the Registrar must, as soon as practicable, give to the person a notice:

 (a) in accordance with Part B of Form 12B; or

 (b) if the ground for not registering the person is that the registration would breach section 39E of the Act — in accordance with Part C of Form 12B.

37K Capping number of marriage celebrants for 5 years (Act s 39E)

 (1) In this regulation:

capital city region, of a State, means the area described as the Capital City Statistical Division for the State in the document published by the Australian Bureau of Statistics called Australian Standard Geographical Classification (ABS Catalogue No. 1216.0), as at 1 July 2001.

existing marriage celebrant has the meaning given by item 27 of Schedule 1 to the Marriage Amendment Act 2002.

first registration year means the registration year beginning on 1 September 2003.

later registration year means a registration year beginning on or after 1 September 2004.

 (2) For this regulation, each of the following is a region:

 (a) the capital city region of New South Wales;

 (b) the area of New South Wales other than the capital city region of New South Wales;

 (c) the capital city region of Victoria;

 (d) the area of Victoria other than the capital city region of Victoria;

 (e) the capital city region of Queensland;

 (f) the area of Queensland other than the capital city region of Queensland;

 (g) the capital city region of Western Australia;

 (h) the area of Western Australia other than the capital city region of Western Australia;

 (i) the capital city region of South Australia;

 (j) the area of South Australia other than the capital city region of South Australia;

 (k) the whole of Tasmania;

 (l) the whole of the Australian Capital Territory;

 (m) the whole of the Northern Territory;

 (n) the whole of Norfolk Island;

 (o) the whole of the Territory of Christmas Island;

 (p) the whole of the Territory of Cocos (Keeling) Islands.

 (3) For this regulation:

 (a) a person who has applied for registration as a marriage celebrant is taken to have applied for registration in the region where the person’s principal place of residence is, as stated in his or her application for registration; and

 (b) an existing marriage celebrant is taken to be registered as a marriage celebrant in the region where the marriage celebrant’s principal place of residence is, as last known to the Registrar.

 (4) For subsection 39E (1) of the Act, the number of persons that may be registered as marriage celebrants in a region in a registration year is limited to:

 (a) for the first registration year:

 (i) the number that is 10% (if not a whole number, rounded up to the next whole number) of the number of existing marriage celebrants in that region immediately before 1 September 2003; or

 (ii) if there is no existing marriage celebrant in that region immediately before that date — 1; and

 (b) for a later registration year:

 (i) the number that is 10% (if not a whole number, rounded up to the next whole number) of the number of marriage celebrants in that region at the end of the previous registration year; or

 (ii) if there is no marriage celebrant in that region at the end of the previous registration year — 1.

Note   If the Registrar of Marriage Celebrants decides not to register a person as a marriage celebrant on the ground that the applicable limit would be breached by the registration, the Registrar must notify the person in accordance with Part C of Form 12B — see paragraph 37J (2) (b).

 (5) This regulation ceases to have effect at the same time as subsection 39E (1) of the Act ceases to have effect.

37L Code of Practice for marriage celebrants (Act s 39G)

  For paragraph 39G (a) of the Act, the Code of Practice for marriage celebrants is set out in Schedule 1A.

37M Professional development (Act s 39G)

 (1) For paragraph 39G (b) of the Act, as soon as practicable after the beginning of a registration year, the Registrar of Marriage Celebrants must publish on the Internet a list of professional development activities for that year.

Note   In addition to publishing the list of activities on the Internet, the Registrar may publish the list in any other way the Registrar considers appropriate.

 (2) The list must indicate which activities (if any, up to a maximum of 2) are compulsory for that year.

 (3) At any time during a registration year, the Registrar may add another professional development activity (other than an activity that is to be compulsory) to the list for that year.

 (4) Subject to subregulation (6), a marriage celebrant must undertake, in each registration year, at least 2 professional development activities listed for that year.

 (5) For subregulation (4), the activities undertaken by a marriage celebrant in a registration year:

 (a) must include any activity that is compulsory for that year; and

 (b) must not include any activity (other than an activity that is compulsory for that year) that the marriage celebrant has already undertaken in the previous 5 registration years; and

 (c) must take a total of not less than 5 hours to complete.

Note   A marriage celebrant may undertake other professional development activities. However, any activity undertaken in a registration year in excess of the minimum requirements will not count towards the marriage celebrant’s obligation under this subregulation for other registration years.

 (6) A marriage celebrant need not comply with subregulation (4) for a registration year if:

 (a) the marriage celebrant becomes registered after 31 January in that year; or

 (b) the marriage celebrant:

 (i) has successfully completed a formal course of training in the 6 months immediately before his or her registration; and

 (ii) becomes registered in the 12 months immediately before 31 January in that year; or

 (c) before the end of that registration year, the marriage celebrant applies, in writing, to the Registrar for exemption from undertaking any professional development activity required by subregulation (4) in that registration year, and the Registrar, being satisfied that granting the exemption is justified because of exceptional circumstances, grants the exemption.

 (7) Before 31 October in each registration year, a marriage celebrant must give to the Registrar an annual return in accordance with Form 12C relating to the professional development activities undertaken by the marriage celebrant in the previous registration year.

37N Performance reviews (Act s 39H)

 (1) For paragraph 39H (3) (a) of the Act, in reviewing the performance of a marriage celebrant, the Registrar of Marriage Celebrants must consider the following matters:

 (a) any complaint about the marriage celebrant that has been dealt with by the Registrar under Subdivision 2 of this Division, and whether the marriage celebrant has complied with any undertaking obtained from, any disciplinary measure taken against, or any action required of, him or her in relation to the resolution of the complaint;

 (b) any information received by the Registrar concerning the marriage celebrant’s performance of his or her duties as a marriage celebrant;

 (c) whether the marriage celebrant has complied with the Code of Practice for marriage celebrants set out in Schedule 1A;

 (d) whether the marriage celebrant has undertaken the professional development activities required under paragraph 39G (b) of the Act;

 (e) whether the marriage celebrant has given to the Registrar the annual returns required under subregulation 37M (7);

 (f) whether the marriage celebrant has developed any physical or mental incapacity that prevents him or her from continuing to carry out his or her duties as a marriage celebrant.

Note   See also paragraph 39H (3) (b) of the Act under which the Registrar may have regard to any information in his or her possession.

 (2) For paragraph 39H (4) (a) of the Act, a notice stating the Registrar’s intention to determine that a marriage celebrant’s performance in respect of a period was not satisfactory must be in accordance with Form 12D.

 (3) As soon as practicable after the Registrar has completed a review of a marriage celebrant’s performance in respect of a period, the Registrar must give to the marriage celebrant a notice stating the outcome of the review.

37O Disciplinary measures — professional development activities (Act s 39I)

  For paragraph 39I (2) (b) of the Act, a marriage celebrant may be required to undertake:

 (a) a particular professional development activity listed under regulation 37M; or

 (b) a formal course of training.

37P Records (Act s 39K)

  For paragraph 39K (b) of the Act, the Registrar of Marriage Celebrants must keep a copy of the following documents in relation to each marriage celebrant:

 (a) unless the marriage celebrant is an existing marriage celebrant as defined in item 27 of Schedule 1 to the Marriage Amendment Act 2002:

 (i) the marriage celebrant’s application for registration; and

 (ii) the notice of registration given to the marriage celebrant under subregulation 37J (1);

 (b) each annual return given by the marriage celebrant under subregulation 37M (7);

 (c) in relation to each review of the marriage celebrant’s performance:

 (i) any notice of intention given to the marriage celebrant under paragraph 39H (4) (a) of the Act; and

 (ii) any representation made by the marriage celebrant under paragraph 39H (4) (b) of the Act; and

 (iii) the determination made under section 39H of the Act; and

 (iv) the notice of the outcome of the review given to the marriage celebrant under subregulation 37N (3);

 (d) any notice given to the marriage celebrant under paragraph 39I (4) (a) of the Act relating to a disciplinary measure taken against the marriage celebrant (other than a disciplinary measure taken against the marriage celebrant under paragraph 39I (1) (d) of the Act).

Note   See also regulation 37Z which provides for records to be kept in relation to any complaints about a marriage celebrant that are dealt with by the Registrar.

Subdivision 2 Complaints resolution procedures

37Q Application of Subdivision 2

  For paragraph 39K (c) of the Act, this Subdivision sets out procedures for making and resolving complaints about the solemnization of marriages by marriage celebrants.

Note   Under subsection 5 (1) of the Act, marriage celebrant means a person registered under Subdivision C of Division 1 of Part IV of the Act.

37R Who may make a complaint

 (1) A complaint about the solemnization of a marriage by a marriage celebrant may be made:

 (a) by a party to the marriage or the intended marriage; or

 (b) by a member of the public; or

 (c) by the appropriate registering authority of the State or Territory in which the marriage was solemnized, or was intended to be solemnized; or

 (d) by a person on behalf of a department or agency of the Commonwealth, or of a State or Territory.

 (2) For subregulation (1), the appropriate registering authority of a State or Territory is the registering authority mentioned in column 3 of the item in Schedule 2 relating to that State or Territory.

37S How to make a complaint

 (1) A complaint must:

 (a) be made, in writing, to the Registrar of Marriage Celebrants; and

 (b) be made within 3 months after the matter complained of took place, or a longer period that the Registrar considers is justified in the circumstances.

 (2) A complaint must state:

 (a) the complainant’s full name and contact details; and

 (b) the name of the marriage celebrant to whom the complaint relates; and

 (c) the full details of the complaint, including the date and place of the marriage (or, if known, the date and place of the intended marriage) and the nature of the complaint; and

 (d) whether the matter being complained of:

 (i) has been, or is, the subject of a legal proceeding; or

 (ii) has been, or is being, dealt with by another complaints mechanism.

 (3) If a person wishing to make a complaint needs assistance in preparing a complaint in accordance with this regulation, the Registrar may provide that assistance.

37T Preliminary assessment of complaint

 (1) If the Registrar of Marriage Celebrants receives a complaint, the Registrar must, as soon as practicable after receiving the complaint, make a preliminary assessment of the complaint to determine:

 (a) whether the complaint should be dealt with; and

 (b) whether, having regard to the nature of the complaint, it would be more appropriate for another agency to deal with the complaint or part of the complaint.

 (2) For paragraph (1) (a), the Registrar may decide that a complaint should not be dealt with only if:

 (a) the complaint does not comply with the requirements of regulation 37S; or

 (b) the complaint does not relate to the performance of a marriage celebrant in relation to the solemnization of a marriage; or

 (c) the complaint is frivolous, vexatious or not made in good faith; or

 (d) the substance of the complaint has been the subject of a previous complaint; or

 (e) the matter being complained of:

 (i) has been, or is, the subject of a legal proceeding; or

 (ii) has been, or is being, dealt with by another complaints mechanism.

 (3) As soon as practicable after making a preliminary assessment of the complaint, the Registrar must give to the complainant a written notice:

 (a) stating the outcome of the preliminary assessment; and

 (b) if the Registrar decides that the complaint should be dealt with but considers that it would be more appropriate for the complaint, or part of the complaint, to be dealt with by another agency — stating that, if the complainant wishes the Registrar to deal with the complaint or any part of the complaint, the complainant must, within 21 days after the date of the notice, give to the Registrar a written statement to this effect.

 (4) If the Registrar does not receive a statement from the complainant under paragraph (3) (b) in relation to the complaint or a part of the complaint, the Registrar must not deal with the complaint or that part of the complaint.

37U Procedure if Registrar is to deal with a complaint

 (1) If the Registrar of Marriage Celebrants decides under paragraph 37T (1) (a) that a complaint should be dealt with and, if applicable, the complainant has given to the Registrar a statement under paragraph 37T (3) (b), the Registrar must, as soon as practicable, give to the complainant a written notice stating that:

 (a) the complainant may, within 21 days after the date of the notice, or a longer period agreed to by the Registrar within those 21 days, give to the Registrar additional material, in writing, in support of the complaint (including signed statements by any witnesses); and

 (b) in dealing with the complaint, the Registrar may, at any time, ask the complainant to give to the Registrar further information in relation to the complaint; and

 (c) a copy of the complaint and any supporting material given by the complainant (excluding any information disclosing the contact details of the complainant or any supporting witness) will be given to the marriage celebrant for his or her response; and

 (d) the complainant must, within 21 days after the date of the notice, or a longer period agreed to by the Registrar within those 21 days, give to the Registrar a written statement consenting to the marriage celebrant to whom the complaint relates being notified of the complaint and being given the documents mentioned in paragraph (c); and

 (e) the Registrar cannot deal with the complaint if the complainant does not give the statement of consent within the time mentioned in paragraph (d).

 (2) If the Registrar considers that any additional material given to the Registrar in support of a complaint discloses a new complaint in relation to the performance of the marriage celebrant in relation to the marriage, or intended marriage, that is the subject of the original complaint, the Registrar must, as soon as practicable, notify the complainant, in writing, that:

 (a) the marriage celebrant is not required to respond to the new complaint; and

 (b) if the complainant wishes to pursue the new complaint, he or she must make a separate complaint; and

 (c) if the complainant makes a separate complaint, the Registrar may deal with both the original and the new complaint together.

 (3) If the Registrar does not receive a statement of consent from the complainant under paragraph (1) (d), the Registrar must not deal with the complaint.

 (4) If the Registrar receives a statement of consent from the complainant under paragraph (1) (d), the Registrar must, as soon as practicable after receiving the statement, give to the marriage celebrant:

 (a) a written notice stating that:

 (i) the complaint has been made; and

 (ii) the marriage celebrant may, within 21 days after the date of the notice, or a longer period agreed to by the Registrar within those 21 days, give to the Registrar a written response to the complaint and any additional material, in writing, in support of the response (including signed statements by any witnesses); and

 (iii) a copy of any response and supporting material given by the marriage celebrant (excluding any information disclosing the contact details of any supporting witness) will be given to the complainant; and

 (iv) if the marriage celebrant does not give a written response within the time mentioned in subparagraph (ii), the Registrar may deal with the complaint without further notice to the marriage celebrant; and

 (b) a copy of the complaint and any supporting material given by the complainant (excluding any information disclosing the contact details of the complainant or any supporting witness).

 (5) As soon as practicable after receiving a response from the marriage celebrant or, if no response is received, as soon as practicable after the period in which a response could be given, the Registrar must:

 (a) consider any material given by the complainant and the marriage celebrant; and

 (b) decide whether to resolve the complaint by conciliation (under regulation 37V) or by determination (under regulation 37W).

 (6) The Registrar must decide to resolve the complaint by determination if the Registrar considers that:

 (a) the nature of the complaint makes it inappropriate to resolve the complaint by conciliation; or

 (b) the complaint is unlikely to be resolved by conciliation.

37V Resolution by conciliation

 (1) This regulation sets out the procedures for resolving a complaint by conciliation.

 (2) The Registrar of Marriage Celebrants must attempt to resolve the complaint in a way that is most agreeable to the complainant and the marriage celebrant, including (but not limited to) the following:

 (a) the marriage celebrant giving an apology;

 (b) the marriage celebrant giving an undertaking in relation to his or her future conduct;

 (c) the complainant withdrawing the complaint.

 (3) If the complaint is resolved by conciliation, the Registrar must, as soon as practicable, give to the complainant and the marriage celebrant a written summary of the resolution of the complaint.

 (4) The resolution of a complaint by conciliation is taken not to be consideration of the complaint for the purposes of paragraph 39I (1) (d) of the Act.

Note   Section 39I of the Act permits the Registrar to take specified disciplinary measures against a marriage celebrant in certain circumstances. The effect of subregulation (4) is that the Registrar may not take a disciplinary measure against the marriage celebrant on the basis of having resolved a complaint about a marriage celebrant by conciliation under this regulation. However, the record of the resolution of the complaint by conciliation will be kept on the marriage celebrant’s file for other purposes under the Act (see, for example, section 39H of the Act relating to performance review).

 (5) If, after attempting to resolve the complaint under subregulation (2), the Registrar decides that the complaint is unlikely to be resolved by conciliation, the Registrar must, as soon as practicable after making the decision:

 (a) notify the complainant and the marriage celebrant, in writing, that the complaint is to be resolved by determination under regulation 37W; and

 (b) resolve the complaint by determination under that regulation.

37W Resolution by determination

 (1) This regulation sets out the procedures for resolving a complaint by determination.

 (2) As soon as practicable after deciding to resolve a complaint by determination, the Registrar of Marriage Celebrants must determine whether the complaint is well-founded.

 (3) In determining whether a complaint is well-founded, the Registrar must take into account:

 (a) the original complaint, and any additional material in support of the complaint, given by the complainant; and

 (b) any response, and any additional material in support of the response, given by the marriage celebrant.

Note   For notification of the determination, see regulation 37Y.

37X Procedure to be followed if complaint well‑founded

 (1) If the Registrar of Marriage Celebrants determines that a complaint is well‑founded, the Registrar must decide:

 (a) whether it is appropriate to take a disciplinary measure against the marriage celebrant under section 39I of the Act; and

 (b) whether it is appropriate to take any other action in relation to the complaint (such as a request or recommendation to the marriage celebrant to offer redress to the complainant).

 (2) In deciding whether it is appropriate to take a disciplinary measure against the marriage celebrant, or any other action in relation to the complaint, the Registrar may take into account any information held, in writing, by the Registrar in relation to the marriage celebrant that the Registrar considers is relevant.

 (3) For paragraph (1) (a), if it appears to the Registrar that it is appropriate to take a disciplinary measure against the marriage celebrant, the Registrar must, as soon as practicable, give to the marriage celebrant:

 (a) a written notice stating:

 (i) the disciplinary measures that the Registrar may take against the marriage celebrant under subsection 39I (2) of the Act; and

 (ii) the disciplinary measure that the Registrar proposes to take against the marriage celebrant, and the date (being a date that is at least 21 days after the date of the notice) when the proposed disciplinary measure is to come into effect; and

 (iii) the marriage celebrant’s right under subregulation (4) to make a submission, for consideration by the Registrar, about the appropriateness of the disciplinary measure proposed by the Registrar; and

 (b) a copy of any information mentioned in subregulation (2).

 (4) The marriage celebrant may, within 21 days after the date of the notice given under paragraph (3) (a), or a longer period agreed to by the Registrar within those 21 days, make a written submission to the Registrar about the appropriateness of the disciplinary measure proposed by the Registrar.

 (5) As soon as practicable after receiving a submission from the marriage celebrant under subregulation (4), the Registrar must consider the submission and decide whether it is appropriate to take the proposed disciplinary measure or another disciplinary measure.

37Y Notice of determination

 (1) If the Registrar of Marriage Celebrants determines under regulation 37W that a complaint is not well‑founded, the Registrar must, as soon as practicable after making the determination, give to the complainant and the marriage celebrant a written notice, signed and dated by the Registrar, stating the determination and the reasons for making it.

 (2) If the Registrar determines under regulation 37W that a complaint is well‑founded, the Registrar must, as soon as practicable after making the decisions under paragraphs 37X (1) (a) and (b) in relation to the complaint, give to the complainant and the marriage celebrant a written notice, signed and dated by the Registrar, stating:

 (a) the determination and the reasons for making it; and

 (b) whether the Registrar has decided to take any disciplinary measure under paragraph 37X (1) (a) and, if so, what measure is to be taken; and

 (c) whether the Registrar has decided to take any action under paragraph 37X (1) (b) and, if so, what action is to be taken.

Note   If the Registrar decides to take a disciplinary measure against the marriage celebrant:

(a) the Registrar must also give to the marriage celebrant written notice, under paragraph 39I (4) (a) of the Act, of the decision, the reasons for it, the disciplinary measure that is to be taken, and the marriage celebrant’s right, under section 39J of the Act, to apply for review of the decision; and

(b) the Registrar may, under paragraph 39I (4) (b) of the Act, inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is to be taken against the marriage celebrant.

37Z Records (Act s 39K)

  For paragraph 39K (b) of the Act, the Registrar of Marriage Celebrants must keep a copy of the following documents in relation to any complaint about the marriage celebrant dealt with by the Registrar under this Subdivision:

 (a) the original complaint;

 (b) the notice given to the complainant under subregulation 37T (3) stating the outcome of the preliminary assessment;

 (c) any other notice and document in relation to the complaint given to the complainant by the Registrar;

 (d) any other document in relation to the complaint given to the Registrar by the complainant;

 (e) any notice and document in relation to the complaint given to the marriage celebrant by the Registrar;

 (f) any document in relation to the complaint given to the Registrar by the marriage celebrant;

 (g) if the complaint was resolved by conciliation — the summary of the resolution of the complaint;

 (h) if the complaint was resolved by determination — the notice given to the complainant and the marriage celebrant under regulation 37Y;

 (i) if, in relation to a complaint mentioned in paragraph (h), the Registrar decided that it was appropriate to take a disciplinary measure against the marriage celebrant:

 (i) the notice given to the marriage celebrant under paragraph 37X (3) (a); and

 (ii) any information given to the marriage celebrant under paragraph 37X (3) (b); and

 (iii) any submission made by the marriage celebrant under subregulation 37X (4); and

 (iv) the notice given to the marriage celebrant under paragraph 39I (4) (a) of the Act.

[4] Schedule 1, after Form 12

insert

Form 12A Application for registration as a marriage celebrant

(regulation 37H)

MARRIAGE CELEBRANT APPLICATION FORM

Privacy note: This application form (including any documentation required by this form) will be used to assess your suitability for registration as a marriage celebrant under section 39D of the Marriage Act 1961 (the Act). If your application is successful, the information you provided in Schedule 2 will be included in the register of marriage celebrants published on the Internet. If your application is unsuccessful and you exercise your right to appeal the decision not to register you, a copy of your application will, if required, be forwarded to the appropriate tribunal.

Please complete the following in BLOCK letters

Please attach additional pages if there is insufficient space in this form. Any documentation required by this form to be provided as evidence must be the original or a certified copy of the document.

A. Personal details

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

Gender:  Male   Female 

Principal residential address  Contact details

Please note: You must provide evidence of your principal residential address.

Postal address (if different from above)

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

B. Qualifications and skills

You cannot be registered as a marriage celebrant unless you have at least 1 of the qualifications mentioned in subregulation 37G (2) of the Marriage Regulations 1963 (the Regulations), or all the skills mentioned in subregulation 37G (3) of the Regulations.

Qualifications — complete this section if you wish to be considered for registration on the basis of a qualification

Please tick the qualification on which your application is based.

 r Certificate (however described) awarded by a university, showing successful completion of a course conducted by the university that includes the marriage celebrancy unit*

 r Certificate IV in Marriage Celebrancy awarded by a registered training organisation*

 r Statement of Attainment in the marriage celebrancy unit* awarded by a registered training organisation*

 r Written assessment given by a qualified assessor*, showing attainment of competency in the marriage celebrancy unit*

*   For the meaning of marriage celebrancy unit and registered training organisation, see regulation 37F of the Regulations. For the meaning of qualified assessor, see regulation 37G of the Regulations.

Please note: You must provide evidence of your qualification, showing the organisation awarding the qualification.

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

Skills — complete this section if you wish to be considered for registration on the basis of your skills

      What indigenous language(s) are you fluent in?_______________________

_____________________________________________________________

      Provide details showing your ability to liaise with clients and, if appropriate, the indigenous community in planning a marriage ceremony (for example, outline the kind of matters that you would need to take into account, and the approach you would use, in liaising with your clients and the community). _______________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

      Provide details showing your ability to conduct a marriage ceremony, and to register a marriage, as required under the Act (for example, list the things you would have to do as a marriage celebrant to conduct a marriage ceremony and to register a marriage)._______________________________

_____________________________________________________________

_____________________________________________________________

      Provide details showing your ability to communicate effectively._________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

C. Relationship support services

The following questions are directed to establishing your commitment to advising couples of the availability of relationship support services. (See paragraph 39C (2) (b) of the Act.)

Identify the organisations that provide relationship support services (including distance services) for couples in your area. For each organisation, include its name, address and other contact details. ________________________________

________________________________________________________________

________________________________________________________________

For each organisation, describe the major relationship support services offered by the organisation (including availability of the services). _________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

D. Community standing

The following questions are directed to establishing your standing in the community. (See paragraph 39C (2) (c) of the Act.)

      Provide full details of your community involvement (for example, identify the community organisation(s) with which you are involved, and describe your role in each organisation and the activities (including volunteer activities) you undertake in that role)._______________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

      Are you fluent enough in a language other than English (and, if applicable, other than the indigenous language(s) mentioned in Part B of this form) to conduct a wedding ceremony in that language?

Yes   No 

If yes, identify the other language(s) that you are fluent enough in.

For each language identified, indicate your level of fluency (for example, are you a native speaker or do you have a NAATI* qualification as an interpreter?) and, if possible, provide evidence of your fluency.

*   National Accreditation Authority for Translators and Interpreters.

E. Conviction of offences — statutory declaration

Please provide a statutory declaration stating whether or not you have been convicted of an offence, punishable by imprisonment for 1 year or longer, against a law of the Commonwealth, a State or Territory. (See paragraph 39C (2) (d) of the Act.)

Note   Nothing in this application form affects the operation of Part VIIC of the Crimes Act 1914 (relieving a person, in certain circumstances, from the requirement to disclose spent convictions, and requiring persons aware of those convictions to disregard them).

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

F. Business interests and other interests

The following questions are directed to establishing whether you have an actual or potential conflict of interest between your proposed practice as a marriage celebrant and your business or other interests. They are also directed to establishing whether your registration as a marriage celebrant would be likely to result in you gaining a benefit in respect of another business that you own, control or carry out. (See paragraphs 39C (2) (e) and (f) of the Act.)

      What is your occupation?________________________________________

      If you are employed, provide the name and contact details of your employer._____________________________________________________

      If you own or run a business, provide details of the nature of your business. _____________________________________________________________

_____________________________________________________________

      Does your employment or business have any connection with marriage celebrancy or the wedding industry? If so, provide full details.___________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

      Would your registration as a marriage celebrant be likely to result in you gaining a commercial or financial benefit in respect of any other business that you own, control or carry out? If so, provide full details.____________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

G. Obligations as a marriage celebrant — undertakings

The following requirement is directed to satisfying the Registrar of Marriage Celebrants that you will fulfil the obligations under section 39G of the Act. (See paragraph 39C (2) (g) of the Act.)

Please complete the undertakings set out in Schedule 1.

H. Other Matters

Are there other skills, qualifications or attributes you wish the Registrar to consider in assessing your application? (See paragraph 39C (2) (h) of the Act.) If so, provide full details.____________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

I. Referee reports

Please provide 3 referee reports. Each referee must not be a member of your family but must have known you for at least 2 years, and each referee report must address the following:

 the length and nature of the referee’s relationship with you

 your commitment to the central importance of the institution of marriage, and your knowledge of, and commitment to, advising couples of the availability of relationship support services

 your standing in the community (including your involvement in the community through professional or volunteer activities)

 your personal integrity and ethical standards

 the referee’s knowledge of any other qualities or attributes that would support your application for registration as a marriage celebrant

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

J. Register of marriage celebrants

Please complete Schedule 2. This is required for the purpose of entering your details in the register of marriage celebrants if your application is successful.

K. Attachments — checklist

Please ensure that you have attached the following documents as required by this application form:

r evidence of your principal residential address

r evidence of your cessation as an authorized celebrant (if applicable)

r evidence of your qualification (if applicable)

r evidence of your fluency in a language other than English and the indigenous language(s) (if any) mentioned in Part B of this form (if applicable)

r the statutory declaration relating to conviction of offences

r 3 referee reports

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

L. Signature

I declare that the statements in this application (including the Schedules and attachments to this application) are true in every detail.

Note   Paragraph 39I (1) (e) of the Act provides that the Registrar of Marriage Celebrants may take disciplinary measures against you if the Registrar is satisfied that this application was known by you to be false or misleading in a material particular. See also section 136.1 of the Criminal Code which deals with false or misleading statements in applications.

Signature of Applicant:

Date:

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

Schedule 1 Undertakings relating to obligations under section 39G of the Marriage Act 1961

 I give my assurance that I have read and understood the Code of Practice prescribed by the Marriage Regulations 1963 (the Regulations).

 If registered as a marriage celebrant, I will:

 conduct myself in accordance with the Code of Practice, display the Code of Practice in a prominent place for potential clients to view, and make a copy for any potential client who asks for one; and

 undertake all professional development activities as required by the Registrar of Marriage Celebrants in accordance with the Regulations; and

 notify the Registrar, in writing, within 30 days of any change to my details entered in the register of marriage celebrants or any event that might have caused the Registrar not to have registered me if the event had occurred before I was registered.

______________________________

Name

______________________________ ______________________________

Signature Date

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

Schedule 2 Register of marriage celebrants

Please provide the following information which, as required by the Marriage Regulations 1963, will be included in the register of marriage celebrants published on the Internet, if you are successful in your application for registration as a marriage celebrant.

YOUR APPLICATION WILL BE RETURNED TO YOU UNLESS IT INCLUDES ALL REQUIRED DOCUMENTATION

Form 12B Notification of decision in relation to application for registration as a marriage celebrant

(regulation 37J)

Commonwealth of Australia

Marriage Act 1961

NOTIFICATION OF DECISION IN RELATION TO APPLICATION FOR REGISTRATION AS A MARRIAGE CELEBRANT

TO: [name of applicant] of [address]

I, the Registrar of Marriage Celebrants, having received your application dated [date of application] under section 39D of the Marriage Act 1961 for registration as a marriage celebrant, notify you as follows:

[Complete Part A, B or C, as applicable, and strike out the inapplicable Parts]

PART A

1. I am satisfied, on the basis of the information in your application, that you are entitled to be registered as a marriage celebrant.

2. You have been registered as a marriage celebrant on [date of registration].

OR

PART B

1. I am not satisfied that you are entitled to be registered as a marriage celebrant. My reasons for this decision are as follows [set out reasons]:

2. You have the right under section 39J of the Marriage Act 1961 to apply to the Administrative Appeals Tribunal for a review of this decision.

OR

PART C

1. Under section 39E of the Marriage Act 1961, I am unable to register you as a marriage celebrant, because the registration would breach the applicable limit on the number of marriage celebrants in your region determined in accordance with regulation 37K of the Marriage Regulations 1963.

2. Section 39J of the Marriage Act 1961 provides that you do not have a right under the Act to seek a review of this decision by the Administrative Appeals Tribunal.

[signature]

REGISTRAR OF MARRIAGE CELEBRANTS

Date:

Form 12C Annual return relating to professional development activities

(regulation 37M)

Attorney-General’s Department

Marriage Celebrants Program

Annual Return

Marriage Act 1961

Return covers the period from 1 September .……[insert year] to 31 August .……[insert year]

Form 12D Notice to marriage celebrant of unsatisfactory performance

(regulation 37N)

Commonwealth of Australia

Marriage Act 1961

NOTICE TO MARRIAGE CELEBRANT OF INTENTION TO DETERMINE UNSATISFACTORY PERFORMANCE

TO: [name of applicant] of [address]

I, the Registrar of Marriage Celebrants, have recently reviewed your performance as a marriage celebrant under section 39H of the Marriage Act 1961 in respect of the period [period of review] and notify you that:

1. I intend to make a determination that your performance as a marriage celebrant in that period was not satisfactory, unless you satisfy me that your performance in that period was satisfactory.

2. In relation to your performance in the review period, I am concerned about the following matters [give details]:

……………………………………………………………………………..

…………………………….……………………………………….............

3. If you would like to make any representations to me about your performance, I will consider those representations before I make a determination about your performance. To do this, you must make your representations before [date, being a date that is at least 21 days after the date of this notice]. I will make a determination about your performance within 14 days after that date, and I will notify you, in writing, of my determination.

4. You may contact me by [give Registrar’s contact details].

5. If I do not receive any representations from you before the date stated in paragraph 3, I intend to determine that your performance in the review period was not satisfactory and I may decide to take disciplinary measures against you under section 39I of the Marriage Act 1961.

6. If you need further time to make representations to me about your performance during the review period, you may request an extension of time by contacting me, in writing, before the date stated in paragraph 3, stating your reasons for the need to extend the time.

[signature]

REGISTRAR OF MARRIAGE CELEBRANTS

Date:

[5] After Schedule 1

insert

Schedule 1A Code of Practice for marriage celebrants

(regulation 37L)

1 Application of this Code of Practice

  This Code of Practice applies to marriage celebrants (being persons registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961).

Note   Under paragraph 39I (1) (b) of the Marriage Act 1961, if the Registrar of Marriage Celebrants is satisfied that a marriage celebrant has not complied with an obligation under section 39G of that Act, including this Code of Practice, the Registrar may take disciplinary measures against the marriage celebrant.

2 High standard of service

  A marriage celebrant must maintain a high standard of service in his or her professional conduct and practice.

3 Recognition of significance of marriage

  A marriage celebrant must recognise the social, cultural and legal significance of marriage and the marriage ceremony in the Australian community, and the importance of strong and respectful family relationships.

4 Compliance with the Marriage Act and other laws

  A marriage celebrant must:

 (a) solemnize marriages according to the legal requirements of the Marriage Act 1961 (Cth); and

 (b) observe the laws of the Commonwealth and of the State or Territory where the marriage is to be solemnized; and

 (c) prevent and avoid unlawful discrimination in the provision of marriage celebrancy services.

5 General requirements for marriage ceremonies

  A marriage celebrant must respect the importance of the marriage ceremony to the parties and the other persons organising the ceremony. To that end, the marriage celebrant must do the following:

 (a) give the parties information and guidance to enable them to choose or compose a marriage ceremony that will meet their needs and expectations;

 (b) respect the privacy and confidentiality of the parties;

 (c) maintain appropriate facilities to interview parties and provide office facilities, including facilities for the secure storage of records;

 (d) within a reasonable time before the marriage ceremony:

 (i) confirm all details with the parties; and

 (ii) ensure the return of all personal documents belonging to the parties (unless it is necessary to keep the documents for the ceremony); and

 (iii) sign any necessary declarations;

 (e) if requested by the parties, conduct a marriage ceremony rehearsal;

 (f) ensure that his or her personal presentation is of an appropriate standard for the marriage ceremony, and respect the expectations of the parties in relation to the ceremony;

 (g) make efforts to ensure that the marriage ceremony is audible to all those present (using audio equipment, if required);

 (h) ensure accuracy in the preparation of documents, and in the conduct of the marriage ceremony;

 (i) arrive at the venue for the marriage ceremony no later than the time agreed with the parties;

 (j) if the marriage celebrant has agreed to perform more than one marriage ceremony on the same day:

 (i) ensure that the parties to each marriage receive a level of service that meets their separate and special requirements; and

 (ii) be available at the venue for each marriage ceremony at least 20 minutes before the agreed commencement of each ceremony (unless, in the case of consecutive ceremonies, the ceremonies are to be held at the same venue);

 (k) ensure that all relevant documents are completed and sent to the appropriate registering authority within 14 days after the marriage ceremony, as required by section 50 of the Marriage Act 1961;

 (l) in relation to the provision of marriage services, accept evaluative comment from the parties, and use any comments to improve performance;

 (m) give the parties information about how to notify the Commonwealth Attorney-General’s Department of any concerns or complaints they may have regarding the marriage services provided by the marriage celebrant.

6 Knowledge and understanding of family relationships services

  A marriage celebrant must:

 (a) maintain an up-to-date knowledge about appropriate family relationships services in the community; and

 (b) inform parties about the range of information and services available to them to enhance, and sustain them throughout, their relationship.

[6] Schedule 2, heading

substitute

Schedule 2 Appropriate registering authorities

(regulation 41, subregulations 37R (2), 42 (4) and 42A (4) and regulation 54)

1. These Regulations amend Statutory Rules 1963 No. 31, as amended by 1971 No. 6; 1973 No. 129; 1974 Nos. 28, 188 and 246; 1976 No. 8; 1977 No. 66; 1979 No. 156; 1984 No. 3; 1986 Nos. 227 and 229; 1988 Nos. 223 and 276; 1990 No. 246; 1991 No. 328; 1992 Nos. 32 and 294; 1995 No. 165; 2001 No. 265; 2002 No. 251; 2003 No. 46.

2. Notified in the Commonwealth of Australia Gazette on 6 August 2003.