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MARRIAGE REGULATIONS 2017 (F2017L01359) - SCHEDULE 2

Code of Practice for marriage celebrants

Note:       See section 52.

 

 

1   Application of this Code of Practice

                   This Code of Practice applies to marriage celebrants.

Note 1:       A marriage celebrant is a person registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 : see subsection 5(1) of that Act.

Note 2:       Under paragraph 39I(1)(b) of that Act, 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. This includes (without limitation) ensuring the following:

                     (a)  appropriate personal presentation for marriage ceremonies;

                     (b)  punctuality for marriage ceremonies;

                     (c)  accuracy in preparation of documents and in the conduct of marriage ceremonies.

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 Act and other laws

                   A marriage celebrant must:

                     (a)  comply with the requirements of the Marriage Act 1961 and the Marriage Regulations 2017 which apply to the marriage celebrant; and

                     (b)  observe the laws of the Commonwealth and of any State or Territory in which the marriage celebrant solemnises marriages; and

                     (c)  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. This includes (without limitation) the following:

                     (a)  giving the parties information and guidance to enable them to choose or compose a marriage ceremony, including information to assist the parties to decide whether a marriage ceremony rehearsal is needed or appropriate;

                     (b)  respecting the privacy and confidentiality of the parties, including by:

                              (i)  arranging for appropriate facilities to interview parties; and

                             (ii)  dealing appropriately with personal documents and personal information; and

                            (iii)  maintaining appropriate facilities for the secure storage of records; and

                            (iv)  ensuring the return of all personal documents belonging to the parties as soon as practicable (unless it is necessary to keep the documents for the ceremony);

                     (c)  giving 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 the parties to the marriage about the range of information and services available to them to enhance, and sustain them throughout, their relationship.



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