Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 2)

Overview

The Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 2) was enacted to amend the existing qualifications and skills required for individuals to become Commonwealth-registered marriage celebrants under the Marriage Act 1961. This legislation was introduced to address a technical issue identified in the earlier Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 1) and to ensure the continued use of up-to-date training materials. The Amendment Determination is made by the Registrar of Marriage Celebrants under regulation 37G of the Marriage Regulations 1963, and it acknowledges the revised Certificate IV in Celebrancy qualification released in December 2015. The purpose of the Amendment Determination is to recognise the completion of the revised three units, alongside the previous four units, for registration as a marriage celebrant, ensuring that aspiring marriage celebrants meet their ongoing legal obligations. The Amendment Determination also removes references to transitional periods and administrative forms that are no longer required.

Scope and Application

The Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 2) applies to individuals seeking to become Commonwealth-registered marriage celebrants under the Marriage Act 1961. The Amendment Determination ensures that those applying for registration as marriage celebrants can meet the necessary qualifications or skills by recognising the completion of revised and previous units of the Certificate IV in Celebrancy. The Amendment Determination addresses a technical issue by removing certain references to transitional periods and administrative forms that were included in the earlier Amendment Determination 2016 (No. 1), thereby clarifying the requirements for registration. The Amendment Determination applies nationally, as it amends the earlier Determination made by the Registrar of Marriage Celebrants under the Marriage Regulations 1963. The Amendment Determination does not introduce any new exclusions, exemptions, or thresholds but instead seeks to streamline the registration process by ensuring that the most recent training materials are used in the delivery of training to aspiring marriage celebrants. The Amendment Determination is a consequential and machinery instrument that does not require consultation or a Regulatory Impact Statement, as it does not substantially alter existing arrangements and only seeks to address a minor technical issue.

Key Provisions

The Marriage (Celebrancy qualifications or skills) Amendment Determination 2016 (No. 2) amends the existing Determination to align with the revised Certificate IV in Celebrancy qualification released in December 2015. This amendment recognises the completion of the three revised units (as well as the four previous units) for registration as a marriage celebrant, ensuring that the qualifications align with the current educational standards. This determination also removes references to transitional periods for using certain forms and schedules in the Marriage Regulations 1963, simplifying the registration process. It maintains the requirement for the use of up-to-date training materials in the delivery of formal courses of training for aspiring marriage celebrants. This amendment ensures that the qualifications and skills required for registration continue to meet the ongoing legal obligations of marriage celebrants. Under the amended Determination, an applicant seeking to become a Commonwealth-registered marriage celebrant must hold either a celebrancy qualification from a university that includes all the units the Registrar determines to be necessary for registration, or a Certificate IV in Celebrancy that includes the necessary units. This is mandated by section 39C(1)(b) of the Marriage Act 1961, and regulation 37G(1)(a) of the Marriage Regulations 1963. The specific units or materials required are determined by the Registrar of Marriage Celebrants and are outlined in the Determination and the Regulations. The Amendment Determination ensures that the training materials used in the delivery of these courses are the most current, aligning with the revised qualifications. The Amendment Determination imposes obligations on applicants for registration as marriage celebrants to ensure they meet the specified qualifications or skills. This includes holding the recognised qualifications, such as a Certificate IV in Celebrancy or a university degree in celebrancy, and ensuring that their training has been conducted using the most up-to-date materials as determined by the Registrar. Additionally, the Determination requires that applicants comply with any other relevant provisions of the Act and the Regulations, including the use of approved forms and schedules where applicable. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Determination itself. However, any breach of the requirements set out in the Act or the Regulations could lead to enforcement actions by the Registrar of Marriage Celebrants, which may include refusal of registration or revocation of an existing registration. The penalties for non-compliance with the Act or Regulations are not specified in the Amendment Determination but would typically be in accordance with the general provisions of the Marriage Act 1961 and the Marriage Regulations 1963, which could include fines or other administrative sanctions.