Wilcox and Registrar of Marriage Celebrants

The Administrative Appeals Tribunal (the Tribunal) considered an application by the Applicant to be registered as a marriage celebrant, following a refusal of her previous application in 2014 on character grounds. The core of the dispute concerned whether the Applicant was a fit and proper person to be registered as a marriage celebrant, as required by section 39C of the *Marriage Act 1961* (Cth). The Applicant had again failed to fully disclose her criminal convictions in her 2022 application.

The legal issues before the Tribunal were whether the Applicant met the mandatory criteria for registration as a marriage celebrant, specifically the requirement under section 39C(1)(c) of the Act that she be a fit and proper person. In determining this, the Tribunal had to consider the various factors outlined in section 39C(2) of the Act, including past convictions, and any other relevant matters the Registrar considered appropriate. The Tribunal also had to assess the Applicant's explanations for her past offending and her current suitability.

The Tribunal reasoned that the assessment of a "fit and proper person" involves a broad value judgment, considering not only past conduct but also the likelihood of future propriety and public confidence. Drawing on case law, the Tribunal noted that this assessment requires a wide discretion and is context-dependent, focusing on the nature of the activities and the ends to be served. The Tribunal found that the Applicant's explanations for her continued offending, including driving while disqualified, were often elaborate and demonstrated a lack of respect for the law when it conflicted with her perceived needs. This attitude, coupled with the failure to fully disclose her criminal history, led the Tribunal to conclude that she was not a fit and proper person.

Consequently, the Tribunal affirmed the reviewable decision, finding that the Applicant was not entitled to be registered as a marriage celebrant.