TOPIC: Cost Recovery highlights deficiencies in over half century old Marriage Act.

Cost recovery raises funds to regulate Commonwealth marriage celebrants to ensure they have prior training in marriage law, complete specified hours of professional development each year, work to a Code of Practice, adhere to sections 45, 46 and 113 of the Marriage Act, pay an annual regulation fee and remain a 'Fit & Proper" person.

However these requirements do not apply to all Marriage Celebrants.

Two thirds of Australian Marriage Celebrants are:

• not required to have any prior training in marriage law
• not required to have any continuing professional development in marriage law
• not required to work to a Code of Conduct
• not required to state their authorisation by law to perform marriage according to civil law
• not required to inform the couple, witnesses and guests when a marriage according to law is being conducted
• not required to have the couple give consent to marry in the marriage ceremony, if their approved ceremony omits this
• not required to have the couple and their witnesses in the same place, if their approved ceremony omits this aspect.
  

In fact any unauthorised religious celebrant can conduct a religious marriage without telling the couple, witnesses or guests that the ceremony is not valid under Australian law. (Section 113)

What can Government do to address this?

The first step is to ensure the law is consistent in respect to the same basic legal requirements for marriage at all wedding ceremonies, whether conducted by religious or civil celebrants.
 
One Marriage Act for one nation needs one set of simple legal basics requirements for all couples and all celebrants, whatever the style of ceremony.

Remove confusion for marrying couples - Read more . . .

December 2014