Marriage (Western Australia) Arrangement 2017

Overview

The Marriage (Western Australia) Arrangement 2017 was enacted to address the need for authorised personnel in Western Australia to perform and register marriages under the Marriage Act 1961. This arrangement, made under the authority of subsection 9(1) of the Act, ensures that various officials within Western Australia are appropriately authorised to perform specific functions related to marriage solemnisation and registration. By providing a legal framework for the designation of judges, magistrates, officers, and registrars in Western Australia, the Arrangement aims to streamline and standardise the processes involved in the solemnisation and registration of marriages within the state, thereby maintaining consistency with federal marriage laws. The Arrangement was jointly enacted by the Governor-General of the Commonwealth of Australia and the Governor of the State of Western Australia, with the primary policy objective of ensuring that the administration of marriages in Western Australia aligns with the requirements set out in the Marriage Act 1961.

Scope and Application

The Marriage (Western Australia) Arrangement 2017, a notifiable instrument, delineates specific roles and responsibilities for the solemnisation and registration of marriages within the state of Western Australia, aligning with the provisions of the Marriage Act 1961. This arrangement applies to judicial officers and specific officials in Western Australia, granting them the authority to perform marriage-related functions under the Act. Judges of the Supreme Court, Judges of the Family Court, Magistrates, Chief Magistrates, Deputy Chief Magistrates, and officers of Western Australia, including those in the office of the Registrar of Births, Deaths and Marriages, are explicitly permitted to perform certain functions, such as solemnising marriages and appointing prescribed authorities, as outlined in the Act. The scope of this arrangement is limited to the state of Western Australia, and it supersedes any previous agreements between the Commonwealth and Western Australia regarding the administration of marriages. The commencement of this arrangement follows its registration, and any prior arrangements under section 9 or subsection 9(1) of the Act with Western Australia are repealed upon the enactment of this agreement.

Key Provisions

The Marriage (Western Australia) Arrangement 2017 (sections 1 to 6) sets out specific provisions under the Marriage Act 1961, permitting certain officials in Western Australia to perform marriage-related functions. Specifically, under section 5, it is arranged that Judges of the Supreme Court of Western Australia and Judges of the Family Court of Western Australia can perform the functions of a Judge under sections 12, 16, and 17 of the Act (item 1). Magistrates, Chief Magistrates, and Deputy Chief Magistrates in Western Australia can act as magistrates under sections 12 and 16 of the Act (item 2). An officer of Western Australia can be nominated to solemnise marriages by the Registrar of Births, Deaths and Marriages for Western Australia (item 3). Additionally, an officer of Western Australia can be nominated for appointment as a prescribed authority by the Registrar of Births, Deaths and Marriages for Western Australia (item 4). The Registrar of Births, Deaths and Marriages for Western Australia can also be appointed as Registrar of Ministers of Religion for Western Australia (item 5) and authorised as an authorised officer for the purposes of section 51 of the Act (item 6). The Arrangement imposes several obligations on the relevant parties in Western Australia. For instance, Judges of the Supreme Court of Western Australia and Judges of the Family Court of Western Australia are required to perform their functions as per the Act (section 5, item 1). Similarly, Magistrates, Chief Magistrates, and Deputy Chief Magistrates must act as magistrates as per the Act (section 5, item 2). The Registrar of Births, Deaths and Marriages for Western Australia is tasked with nominating officers to solemnise marriages, appointing prescribed authorities, and serving as Registrar of Ministers of Religion and authorised officer (section 5, items 3 to 6). Under Australian law, breaches of the provisions set out in the Marriage (Western Australia) Arrangement 2017 could result in various civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the text of the Arrangement itself. Typically, penalties for breaches of the Marriage Act 1961 can include fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties for certain offences under the Act can be substantial, reflecting the seriousness with which the law treats violations of marriage-related functions.