Questions and Answers
Q. What happens if I apply for registration as a marriage celebrant before 3 February 2010 with a qualification other than the Certificate IV in Celebrancy qualification or an equivalent university qualification?
A. It can take three months from when a completed application is received to when a person can be registered as a marriage celebrant. If an application is incomplete it will take longer.
If you apply, but are not registered before 3 February 2010, and you hold a qualification other than the Certificate IV in Celebrancy or an equivalent university qualification, you will need to retrain and obtain the Certificate IV in Celebrancy or an equivalent university qualification before you may be registered.
Q. I have, or shortly hope to obtain, a qualification other than the Certificate IV in Celebrancy or an equivalent university qualification. What should I do?
A. Applicants with a qualification other than the Certificate IV in Celebrancy or an equivalent university qualification should submit their applications as soon as possible. Applicants should take great care to ensure their application is fully complete.
Q. What if I submit my application on 31 January 2010 with a qualification other than the Certificate IV in Celebrancy or an equivalent university qualification. Will I be registered?
A. Applications must be dealt with in the order they are received. A completed application generally takes three months to finalise. Therefore your application is unlikely to be finalised by 2 February 2010. This would mean that you cannot be registered as a marriage celebrant because you do not have the qualification required by the legislation from 3 February 2010.
Q. Is there a cut-off date for applications to be received and an applicant to be registered as a marriage celebrant who has a qualification other than the Certificate IV in Celebrancy or an equivalent university qualification?
A. No, there is not a cut-off date, but all applicants should consider the following:
- The Registrar must deal with completed applications in the order they are received.
- Completed applications can take up to three months to finalise.
- Many applications received by the Registrar are incomplete and returned to the applicant. The assessment process of approximately three months begins when the Registrar has received a complete application.
The Application Process
The Registrar of Marriage Celebrants determines whether a person may be registered as a marriage celebrant within three months of a completed application being submitted by an applicant (section 39D of the Marriage Act). A completed application is one that thoroughly addresses all matters included in the form, Application for Registration as a Marriage Celebrant.
The Registrar must deal with applications in the order in which they are received (section 39D of the Marriage Act). Each application that is received is issued with a process number in order to comply with the requirement that applications are processed in order.
Many applications received by the Registrar are returned to the applicant because they are incomplete and the applicant has not thoroughly addressed all matters required by the form.
An incomplete application will be returned to the sender and when it is resubmitted it will be treated as a new application and issued with a new process number.
Therefore, for many applicants, the period between when they first submit an application to when their application is finalised and they are registered as a marriage celebrant, will be in excess of three months.
‘Fit and proper person’ criteria under the Marriage Act
Once an aspiring marriage celebrant completes an approved training course or assessment, there are additional requirement to demonstrate to the Registrar of Marriage Celebrants that the applicant meets the criteria of a ‘fit and proper person’ [section 39C, Marriage Act 1961].
In making that determination the Registrar will consider the following:
- do you have sufficient knowledge of the law relating to the solemnisation of marriages by marriage celebrants
- are you committed to advising couples of the availability of relationship support services
- are you of good standing in the community
- have you been convicted of an offence, punishable by imprisonment for one year or longer, against a law of the Commonwealth, States or Territories
- do you have an actual or potential conflict of interest between your practice, or proposed practice, as a marriage celebrant and your business interests or other interests such as employment or hobbies
- would your registration as a marriage celebrant be likely to result in you gaining a benefit in respect of another business you own, control or carry out
- will you fulfil your obligations as a marriage celebrant, and
- any other matter the Registrar considers relevant to whether you are a fit and proper person to be a marriage celebrant.
How to Apply
Applicants who have completed their training must contact the Marriage Celebrants Section for an application package which contains detailed instructions on how to complete the form, Application for Registration as a Marriage Celebrant.
You should carefully read all the information before filling in the form. You must comply with all instructions. If you do not, your application may be rejected as incomplete and it will be returned to you. Until a completed application is received you will not have made an application for registration. This is explained in ‘The Application Process’.
Applications are processed strictly in order of receipt. This is a requirement of the Marriage Act (section 39D). It can take three months from the date a completed application is received by the Marriage Celebrants Section before a person may be registered as a marriage celebrant or notified that they will not be registered.
Restrictions on your conduct while you undertake training and your application is assessed
Completing your training and making your application for registration as a marriage celebrant does not make you a registered marriage celebrant. An applicant is not entitled to engage in any advertising or promotion that suggests they are able to conduct marriage ceremonies. You may only solemnise marriages once you have been formally notified of your registration as a marriage celebrant.
Participants in a ceremony
Persons, such as friends or relatives, who are not authorised as marriage celebrants may participate in aspects of a marriage ceremony as long as the couple and authorised marriage celebrant are in agreement about that participation. However it is the authorised celebrant who must conduct the legal component of the ceremony and who must fulfill all the legal requirements for solemnising a marriage.
An authorised marriage celebrant must:
- consent to be present as the responsible authorised marriage celebrant
- take a public role in the ceremony
- identify themselves to the assembled parties, witnesses and guests as the celebrant authorised to solemnise the marriage
- be responsible for ensuring the validity of the marriage according to law
- say the words required by section 46 in the presence of the parties, the formal witnesses and the guests before whom the marriage is solemnised
- be in close proximity (i.e. nearby) when the vows required by subsection 45(2) are exchanged. It is the exchange of vows that constitutes the marriage and the authorised celebrant should ensure that they see and hear them exchanged
- be available to intervene (and exercise the responsibility to intervene) if events demonstrate the need for intervention elsewhere in the ceremony
- be part of the ceremonial group, or in close proximity to it, and
- sign the papers required by the Act.
Registration
Registration is for life, subject to satisfying ongoing professional development and performance requirements. Marriages may be solemnised anywhere in Australia. Once registered a marriage celebrant will need to satisfy a range of obligations. These include:
- compliance with all the requirements of the Marriage Act 1961 in conducting marriages
- compliance with a Code of Practice covering such matters as maintaining a high standard of service and professional conduct, compliance with the Marriage Act 1961 and other laws, and a range of requirements for the conduct of marriage ceremonies
- undertaking professional development each year, and
- undergoing regular performance reviews to ensure continuing compliance with obligations.
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