Omerdic and Registrar of Ministers of Religion Victoria

The applicant, Mr. Omerdic, sought to have his name restored to the register of ministers of religion after it was removed by the Registrar of Ministers of Religion Victoria. The dispute arose from Mr. Omerdic's conviction in 2017 for solemnising a marriage in September 2016 between a female minor and a man significantly older, when he knew the bride was not of marriageable age. The Registrar's decision to remove his name from the register was based on the grounds that he had contravened the Act in a manner showing he was not a fit and proper person to be registered, and that he was not a fit and proper person to solemnise marriages.

The court was required to determine whether Mr. Omerdic was a fit and proper person to solemnise marriages, and consequently, whether his name should remain removed from the register. This involved assessing his character, honesty, and integrity in light of his past conduct and subsequent explanations. The court also considered the importance of the public office held by authorised marriage celebrants and the need to maintain community confidence in that role.

The court rejected Mr. Omerdic's evidence that he did not intend to solemnise a marriage, finding that his conviction necessarily involved a finding that he did intend to do so. The court found that Mr. Omerdic's actions in solemnising a marriage involving an underage bride, coupled with subsequent inaccurate, inconsistent, and implausible statements made to explain his conduct, demonstrated a lack of character, honesty, and integrity. The court concluded that these factors, along with a perceived lack of remorse and acceptance of responsibility, meant that Mr. Omerdic was not a fit and proper person to solemnise marriages, and that removal from the register was mandatory to protect the public and maintain community confidence.

The court affirmed the decision of the Registrar of Ministers of Religion Victoria to remove Mr. Omerdic's name from the register.