Performance reviews

• Information as at 2 December 2008

Under section 39H of the Marriage Act 1961 the Registrar will review every marriage celebrant’s performance to determine whether it is satisfactory. The maximum period between each performance review is 5 years and the time between reviews could be less.  

Reviews can be conducted more often than this when necessary; for example, if the Registrar receives a serious complaint against a celebrant or a series of complaints against a celebrant. Another example can be the failure by a marriage celebrant to carry out their obligations under the Marriage Act.

In a review the Registrar must take into account the following matters:

• any complaint about the marriage celebrant dealt with under the complaints resolution process
• whether the Registrar has issued a caution to the marriage celebrant
• whether the marriage celebrant complied with any action or disciplinary measure taken against him or her as a result of a complaint
• any other information received by the Registrar concerning the marriage celebrant’s performance of his or her duties as a marriage celebrant
• whether the marriage celebrant has complied with the Code of Practice
• whether the marriage celebrant has undertaken the professional development activities required
• whether the marriage celebrant has completed and sent in the annual returns required, and
• whether the marriage celebrant has developed any physical or mental incapacity that prevents him or her from continuing to carry out his or her duties as a marriage celebrant.

The Registrar will perform the review based on the information in your personal and electronic file as well as in the Marriage Celebrants Section database. The Registrar may seek when necessary any further information in order to conduct your performance review.

Before we conduct your performance review we will write to you letting you know that your review is about to take place. You will also be informed of the years that the review period covers. You need not reply to this letter unless you are asked to. Your performance review will be conducted over several months. We will write to you once your review is completed and let you know the results of your review.

If the Registrar is to determine that your performance in the review period is unsatisfactory she will write to you and tell you beforehand. The Registrar will give you the preliminary reasons why she is considering making this determination about your performance. You will then be able to write back to the Registrar with any representations you wish to make regarding your performance. The Registrar will take anything you provide into account before making a final determination. When this process is finished, the Registrar will write to you and provide you with the final determination.

The Registrar may take one or more of the following disciplinary measures against a marriage celebrant:

• issue a caution in writing to the celebrant
• require the marriage celebrant to undertake further OPD, as determined by the Registrar. This OPD will be in addition to the annual OPD requirements
• suspend the marriage celebrant’s registration for up to 6 months
• deregister the marriage celebrant and remove their details from the register of marriage celebrants.

If the Registrar decides to take a disciplinary measure against you as a result of your performance review (under s 39I of the Marriage Act), you will receive a letter about the disciplinary measure. You can then write to the Registrar and make any representations about the disciplinary measure she is considering taking against you. The Registrar will take anything you provide into account before making her final decision. After this, the Registrar will write to you giving you her final decision and letting you know what disciplinary measure, if any, has been taken against you.

If your registration has been suspended or you have been de-registered, you may seek a review of the Registrar’s decision at the Administrative Appeals Tribunal (AAT). There is no AAT review process for a decision by the Registrar to issue you with a caution or a decision requiring you to undertake additional OPD.