The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency:

The individual being assessed must provide evidence of specified essential knowledge as well as skills

The individual being assessed must demonstrate a thorough and accurate understanding of the legal requirements for marriage [Note: minimal competence is not adequate as the consequences for couples of the celebrant making errors are serious]

The individual being assessed must demonstrate their ability to transcribe accurately names and other personal details (both electronically and by hand) to a range of marriage forms and certificates
[Note: total accuracy is required as marrying couples have to pay registering authorities to have celebrants' errors corrected]

A diversity of assessment tasks is essential for holistic assessment

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment:

This unit must be assessed independently.

Resources required for assessment of this unit include access to:

relevant or appropriately simulated environment where assessment can take place

relevant legislation, guidelines, Code of Practice, and range of required documentation

Method of assessment:

The individual being assessed must provide written evidence of specified essential knowledge as well as skills

In establishing that competency has been achieved in this unit, written assessment must include a variety of circumstances and scenarios to ensure that the student can apply the legal requirements to a variety of practical circumstances

Evidence during process for assessment of accurate completion of required documentation prior to ceremony and correct finalising of documents for forwarding to Registry Office following ceremony

Evidence of knowledge of all elements of Code of Practice and Marriage Act and its Regulations

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge:

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include knowledge of:

Marriage Act:

knowledge of the obligations and responsibilities of a marriage celebrant according to the Marriage Act and Marriage Regulations and Code of Practice

knowledge of all documentation which must be sighted before a marriage can take place

knowledge of offences under the Marriage Act

Other Legislation

general knowledge of aspects of Commonwealth Migration, Privacy, Trade Practices, Commonwealth Statutory Declarations and Copyright Acts relevant to performing the role of a marriage celebrant

awareness of Commonwealth discrimination laws as well as those in each state and territory

knowledge of the processes and procedures of State/territory Registrars of Births, Deaths and Marriages

Statutory Declarations Act 1959 (Cwlth):

detailed knowledge of responsibilities in accepting a Commonwealth Statutory Declaration

Migration Act 1958:

broad understanding of immigration laws and the issues that may arise for parties who do not have permanent residency status and wish to marry

awareness that marriage does not automatically give permanent residency

Copyright Act 1968 especially applicability of the use of material in ceremonies

Privacy Act 1988

understanding that celebrants have an obligation to protect privacy and maintain confidentiality

Trade Practices Act 1974

understanding of obligations relevant to operating as a marriage celebrant within the Trade Practices Act; and

knowledge of where to locate relevant information

Marriage/relationship education services - knowledge of pre-marriage and other relationship education services

Knowledge of sources of legal and practical information

Essential skills:

It is critical that the candidate demonstrate the ability to:

Comply with all obligations and responsibilities under the Marriage Act

Adhere to all required legislation

Provide information about the availability of relationship education services

Explain the key features of the Marriage Act 1961

Accurately complete essential legal documents

Locate the relevant information for other state/territory legislation as required (such as local government parks and gardens, State and Territory registering authorities)

In addition, the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include the ability to:

Refer persons to appropriate authority for further information

Provide ceremony resources that are varied, presentable and well maintained

Demonstrate language and literacy competence, including:

literacy competence to satisfactorily fulfil the role of a marriage celebrant including the ability to interpret legal requirements and Commonwealth policies and procedures

language competence to convey legal requirements to marrying couples

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance.

Please note: There are no local or contextual variations for this unit. The following points apply in ALL contexts.

Responsibilities and obligations of a marriage celebrant under the Marriage Act 1961 and Marriage Regulations 1963

Marriage Act 1961:

Categories of marriage celebrant

Register of marriage celebrants

Requirements for registration, including the fit and proper person test

Criteria for fit and proper person test

Process of consideration of applications and registration

Obligations of marriage celebrants

Ongoing professional development

Performance reviews

Circumstances in which disciplinary measures can be taken against a marriage celebrant

Disciplinary measures that may be taken against a marriage celebrant

Review of decisions of the Registrar of Marriage Celebrants

Complaints against marriage celebrants

Marriage Regulations 1963:

Qualifications and skills required by applicants

The application form and documents of notification

Requirements for ongoing professional development for marriage celebrants

Matters the Registrar of Marriage Celebrants must take into account in conducting a performance review

The operation of the complaints process

The Code of Practice for Marriage Celebrants

Requirements for marriage under the Marriage Act 1961 include:

What marriage is under Australian law

Who may marry

Requirements for a valid marriage

Instances in which marriage may not take place
e.g. surprise marriages, prohibited relationships, no evidence of termination of previous marriage, party under the minimum age for marriage

Requirements in the case of marriages in which one party is aged between 16 and 18

continued ...

Requirements for marriage under the Marriage Act 1961 (contd):

When and where marriages may take place

Correct completion of the Notice of Intended Marriage

Recording of names on marriage documents

Witnessing of signatures on the Notice of Intended Marriage - when signed in Australia and when signed overseas

Evidence of the date and place of birth of parties to a proposed marriage (evidence required when parties born in Australia and born overseas)

Evidence of the end of a previous marriage of a party to a proposed marriage (evidence required for previous marriages conducted in Australia and overseas)

Evidence of the identity of parties to a proposed marriage

Completion of declarations of capacity to marry

Documents required to be given to marrying couples

Completion of Form 16 and Form 15 marriage certificates and Form 14 declarations

Record-keeping requirements for the Form 15 marriage certificate

Use of interpreters

Requirements relating to Commonwealth statutory declarations

Requirements for those coming to Australia from overseas to marry

Shortening of time for notice of an intended marriage

Requirements for witnesses to the marriage

Offences under the Marriage Act

Legal content required in a marriage ceremony

The legal differences between a religious and a non-religious (or civil) marriage ceremony

The legal differences between requirements for ministers of religion and those marriage celebrants who are not

Requirement to forward specific documents to the registering authority within 14 days of the ceremony

Requirements for marriage under the Marriage Regulations 1963 include:

Circumstances for shortening of the notice time for an intended marriage

Required forms

Completion and retention of forms

Requirements of the Code of Practice and other relevant legislation include:

Legal requirements of the Code of Practice including:

knowledge of a variety of family relationship services available to enhance and sustain couples throughout their relationship

Other relevant legislation including:

anti-discrimination legislation

trade practices and fair trading legislation

copyright

local government requirements e.g. parks and gardens

registration requirements in the relevant state and/or territory