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Code of Practice for marriage celebrants (regulation 37L)
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. High standard of service
A marriage celebrant must maintain
a high standard of service in his or her professional
conduct
and practice.
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.
Compliance with the Marriage Act and other laws
A marriage celebrant
must:
- Solemnize marriages
according to the legal requirements of the Marriage Act 1961 (Cth).
- Observe the laws of the
Commonwealth and of the State or Territory where the marriage
is
to be solemnized.
- Prevent and avoid
unlawful discrimination in the provision of marriage celebrancy
services.
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:
- Give the parties information
and guidance to enable them to choose or compose a
marriage
ceremony that will meet their needs and expectations;
- Respect the privacy and
confidentiality of the parties;
- Maintain appropriate
facilities to interview parties and provide office facilities,
including
facilities for the secure storage of records;
- With in a reasonable
time before the marriage ceremony:
- Confirm all details with
the parties; and
- Ensure the return of all
personal documents belonging to the parties (unless it
is necessary to keep the documents for the ceremony); and
- Sign any necessary
declarations;
- If requested by the
parties, conduct a marriage ceremony rehearsal;
- 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;
- Make efforts to ensure
that the marriage ceremony is audible to all those present
(using
audio equipment, if required);
- Ensure accuracy in the
preparation of documents, and in the conduct of the
marriage
ceremony;
- Arrive at the venue for
the marriage ceremony no later than the time agreed with
the
parties;
- Arrive at the venue for
the marriage ceremony no later than the time agreed with
the
parties;
- If the marriage
celebrant has agreed to perform more than one marriage ceremony on
the
same day:
- Ensure that the parties
to each marriage receive a level of service that meets
their
separate and special requirements; and
- 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);
- 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;
- In relation to the
provision of marriage services, accept evaluative comment from the
parties, and use any comments to improve performance;
- 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.
Knowledge and understanding of family relationships
services
marriage celebrant must:
- maintain an up-to-date knowledge about appropriate family
relationships services in
the
community; and
- inform parties about
the range of information and services available to them to enhance,
and
sustain them throughout, their relationship
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