(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);
(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.