Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 39I

             (1)  The Registrar of Marriage Celebrants may only take disciplinary measures against a marriage celebrant if the Registrar:

                     (a)  is satisfied that the marriage celebrant is no longer entitled to be registered as a marriage celebrant; or

                     (b)  is satisfied that the marriage celebrant has not complied with an obligation under section 39G; or

                     (c)  has determined in writing under section 39H that the marriage celebrant’s performance in respect of a period was not satisfactory; or

                     (d)  is satisfied that it is appropriate to take disciplinary measures against the marriage celebrant after considering a complaint in accordance with the complaints resolution procedures established under paragraph 39K(c); or

                     (e)  is satisfied that the marriage celebrant’s application for registration was known by the marriage celebrant to be false or misleading in a material particular.

             (2)  The only disciplinary measures that the Registrar may take against a marriage celebrant are to:

                     (a)  caution the marriage celebrant in writing; or

                     (b)  in accordance with regulations made for the purposes of this paragraph, require the marriage celebrant to undertake professional development activities determined in writing by the Registrar; or

                     (c)  suspend the marriage celebrant’s registration for a period (the suspension period ) of up to 6 months by annotating the register of marriage celebrants to include:

                              (i)  a statement that the registration is suspended; and

                             (ii)  the dates of the start and end of the suspension period; or

                     (d)  deregister the marriage celebrant by removing his or her details from the register of marriage celebrants.

Note:          A decision to suspend a marriage celebrant’s registration, or to deregister a marriage celebrant, is reviewable under section 39J.

             (3)  If the Registrar suspends a marriage celebrant’s registration for a particular period, section 39F does not apply in respect of the marriage celebrant during the period.

             (4)  If the Registrar decides to take disciplinary measures against a marriage celebrant, the Registrar:

                     (a)  must give the marriage celebrant written notice of:

                              (i)  the decision; and

                             (ii)  the reasons for it; and

                            (iii)  the disciplinary measure that is being taken; and

                            (iv)  the marriage celebrant’s right under section 39J to apply for review of the decision; and

                     (b)  may inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is being taken against the marriage celebrant.