The Marriage Celebrant Program
The Attorney-General's Department is responsible for the administration of the Commonwealth Marriage Act 1961. The Marriage Celebrants Program was established in 1973. It enables the appointment of suitably qualified people to perform marriages and provides couples with a meaningful alternative to Registry Office and mainstream church weddings. The Department also authorises Marriage Celebrants who do not belong to a recognised denomination.
The Government undertook an extensive four-year review of the Marriage Celebrants Program commencing in 1996. The review carefully considered the opinions and experiences of Marriage Celebrants, celebrant organisations and the marrying couples who use celebrant services. The review identified a number of deficiencies in the program requiring reform.
A package of reforms was developed that aim to raise the professional standards in celebrancy services provided by Marriage Celebrants appointed under the program. The reforms will broaden and enhance the role of celebrants to include the provision of information on pre-marriage and other relationship services. This aims to ensure celebrants play an important role in developing longer lasting family relationships and stronger communities within Australia.
The then Attorney-General, the Hon Daryl Williams AM QC MP, announced that the changes by the way of amendments to the Marriage Act 1961 would commence on 1 September 2003.
Aspiring celebrants will need to have completed an approved, competency-based training course or have been independently assessed against the competencies in order to be eligible to apply. This is an approved competency-based training course, so you’re well on the way!
Once an aspiring celebrant completes an approved training course or assessment, there will be an additional requirement to demonstrate to the Registrar of Marriage Celebrants that the 'fit and proper person' criteria set out in the Marriage Amendment Act 2002 has been met. The requirements of the 'fit and proper person' test are as follows.
The fit and proper person test
- whether you have a sufficient knowledge of the law relating to the solemnisation of marriages by Marriage Celebrants;
- whether you are committed to advising couples of the availability of relationship support services;
- whether you are of good standing in the community;
- whether you have been convicted of an offence punishable by imprisonment for one year or longer, against a law of the Commonwealth,
- whether you have an actual or potential conflict of interest between your practice, or proposed practice, as a Marriage Celebrant and your business interests or interests such as employment or hobbies;
- whether your registration as a Marriage Celebrant would be likely to result in your gaining a benefit in respect of another business you own, control or carry out;
- whether you will fulfill 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.
When will I be Registered?
If and when the Attorney-General approves your registration you will typically be registered within 3 months.
Performance Reviews
All celebrants will undergo a performance review a maximum of every 5 years. Reviews will be based on consideration of matters such as any complaints received, compliance with the Code of Practice and satisfying requirements for ongoing professional development. Reviews may be conducted more regularly if required.
Complaints
A mechanism has been developed to deal with complaints against celebrants. Celebrants will have a right to be advised of the complaint against them and to put whatever material they think appropriate to the Registrar before any final decisions are made.
Sanctions may include a caution, a requirement that further professional development be undertaken, and the suspension of a celebrant for a given period of time and only as a last resort, the revocation of authorisation.
Special or one-off ceremonies or participation in a ceremony
Applications will not be accepted for authorisation to solemnise a single ceremony, or to solemnise marriages for friends and relatives. However, persons not authorised as Marriage Celebrants may participate in aspects of a marriage ceremony as long as an authorised Marriage Celebrant is present and fulfils all legal requirements for solemnising the marriage.
The authorised Marriage Celebrant must do the following:
- To consent to be present as the responsible authorised Marriage Celebrant;
- To take a public role in the ceremony;
- To identify themselves to the assembled parties, witnesses and guests as the celebrant authorised to solemnise the marriage;
- To be responsible for ensuring the validity of the marriage according to law;
- To say the words required by section 46 in the presence of the parties, the formal witnesses and the guests before the marriage is solemnised;
- To be in close proximity (i.e. nearby) when the vows required by section 45(2) are exchanged because it is the exchange of vows that constitutes the marriage and the authorised celebrant should ensure that they see and hear the vows exchanged;
- To be available to intervene (and exercise the responsibility to intervene) if events demonstrate the need for it elsewhere in the ceremony;
- To be part of the ceremonial group or in close proximity to it; and to sign the papers required by the Act.