Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARRIAGE ACT 1961 - SECT 39I

Disciplinary measures

  (1)   The Registrar of Marriage Celebrants may only take disciplinary measures against a marriage celebrant if the Registrar:

  (a)   is satisfied that the marriage celebrant is no longer entitled to be registered as a marriage celebrant; or

  (aa)   is satisfied that the marriage celebrant is no longer entitled to be identified as a religious marriage celebrant on the register of marriage celebrants; or

  (b)   is satisfied that the marriage celebrant has not complied with an obligation under section   39G; or

  (c)   has determined in writing under section   39H that the marriage celebrant's performance in respect of a period was not satisfactory; or

  (d)   is satisfied that it is appropriate to take disciplinary measures against the marriage celebrant after considering a complaint in accordance with the complaints resolution procedures established under paragraph   39K(c); or

  (e)   is satisfied that the marriage celebrant's application for registration was known by the marriage celebrant to be false or misleading in a material particular ; or

  (f)   is satisfied that the marriage celebrant's notice under section   39DB or paragraph   39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant) was known by the marriage celebrant to be false or misleading in a material particular.

  (2)   The only disciplinary measures that the Registrar may take against a marriage celebrant are to:

  (a)   caution the marriage celebrant in writing; or

  (b)   in accordance with regulations made for the purposes of this paragraph, require the marriage celebrant to undertake professional development activities determined in writing by the Registrar; or

  (c)   suspend the marriage celebrant's registration for a period (the suspension period ) of up to 6 months by annotating the register of marriage celebrants to include:

  (i)   a statement that the registration is suspended; and

  (ii)   the dates of the start and end of the suspension period; or

  (d)   deregister the marriage celebrant by removing his or her details from the register of marriage celebrants ; or

  (e)   if the marriage celebrant is identified as a religious marriage celebrant on the register of marriage celebrants:

  (i)   remove the identification of the marriage celebrant as a religious marriage celebrant from the register for a period (the suspension period ) of up to 6 months by annotating the register of marriage celebrants to include a statement that the celebrant is not identified as a religious marriage celebrant, and the dates of the start and end of the suspension period; or

  (ii)   remove the identification of the marriage celebrant as a religious marriage celebrant permanently from the register.

Note:   A decision to suspend a marriage celebrant's registration, or to deregister a marriage celebrant, is reviewable under section   39J.

  (3)   If the Registrar suspends a marriage celebrant's registration for a particular period, section   39F does not apply in respect of the marriage celebrant during the period.

  (3A)   If the Registrar removes the identification of a marriage celebrant as a religious marriage celebrant for any period under paragraph   ( 2)(e), section   47A does not apply in respect of the celebrant during that period.

  (4)   If the Registrar decides to take disciplinary measures against a marriage celebrant (including a religious marriage celebrant) , the Registrar:

  (a)   must give the marriage celebrant written notice of:

  (i)   the decision; and

  (ii)   the reasons for it; and

  (iii)   the disciplinary measure that is being taken; and

  (iv)   if the marriage celebrant has a right under section   39J to apply for review of the decision--that right; and

  (b)   may inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is being taken against the marriage celebrant.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback