Application
This unit describes the skills and knowledge required to assess client eligibility to marry, provide required information to couples, and plan marriage ceremonies consistent with legal requirements of marriage regulations.
This unit applies to individuals seeking to be registered as a Commonwealth marriage celebrant by the Australian Government Attorney-General’s Department.
The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand Standards and industry codes of practice
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements define the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Assess eligibility of clients to marry under Australian law | 1.1 Obtain information from the couple that informs assessment of eligibility of a couple to marry 1.2 Obtain documentation to be sighted by the celebrant according to profile and age of the couple 1.3 Identify situations beyond scope of own current knowledge and use authoritative sources of celebrancy advice and guidance 1.4 Identify situations where services of translator or interpreter may be required, advise couple, and take action accordingly 1.5 Confirm for the couple whether the couple may marry under Australian law |
2. Provide information on legal documentation requirements | 2.1 Explain documentation requirements and processes to marrying couples, including systems and processes to ensure privacy of marrying couples' records 2.2 Discuss with the couple options for presentation of documentation other than legal documentation and agree on format and style of presentation |
3. Provide information about relationship services | 3.1 Explain the purpose of the marriage celebrant's obligation to provide information about family relationship services under section 39G of the Marriage Act 1961 3.2 Provide marrying couples with information about availability of relationship education services in accordance with the Code of Practice 3.3 Maintain current information about family relationship services and local support services |
4. Assist couple to plan marriage ceremony within legal requirements | 4.1 Explain legal requirements of marriage ceremony to clients and/or potential marrying couples and respond to situations posing potential legal challenges using authoritative sources 4.2 Provide marriage ceremony advice to couple about legal requirements of marriage regulations, the Code of Practice and other relevant legislation 4.3 Offer the couple presentable and well maintained marriage ceremony resources 4.4 Offer practical assistance with ceremony planning in accordance with agreed scope of services and Code of Practice 4.5 Provide advice and assistance on marriage ceremony planning that is suited to the purpose and significance of the marriage ceremony, values, ideals and social and cultural contexts 4.6 Identify with the couple whether rehearsal is needed and support rehearsal planning and conduct 4.7 Ensure that civil ceremony vows are written in accordance with legislative requirements in section 45(2) and that legislative requirements of section 46 of the Marriage Act will be met 4.8 Ensure that religious marriage ceremony has the approval of the relevant authority and that the words from section 46 of the Marriage Act will be included where Commonwealth-registered marriage celebrant is conducting the marriage ceremony |
5. Complete pre-marriage documentation | 5.1 Obtain and/or prepare marriage stationery as agreed with couple and in accordance with the legal requirements 5.2 Sight documentation required by the Marriage Act prior to solemnisation of the marriage 5.3 Review all required documentation and ensure it is accurately completed for signing |
Evidence of Performance
The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:
conducted first interviews, assessed eligibility and provided information according to legal requirements for clients presenting with diverse circumstances, that individually or cumulatively include each of the following scenarios
neither party has been married previously
at least 1 party has been married previously
at least 1 party does not speak or read English
at least 1party was born outside of Australia
at least 1 party lives outside of Australia
the parties wish to get married in less than 30 days
and at least 3 of the following scenario: at least 1 party presents a legal impediment to the proposed marriage
prepared accurate pre-ceremony documentation for at least 3 ceremonies according to legal requirements, including Notice of Intended Marriage form, Declaration of No Legal Impediment to Marriage form, Official Certificate of Marriage, Form 15, and Record of Use form
created required legal wording for at least 5 unique marriage ceremonies of varying duration, ensuring the marriage is valid under Australian law, where
each ceremony has different wedding vows incorporating the legal wording for vows
at least 1 ceremony where delivery will raise marriage law issues, such as where an interpreter must be used or another person will be centrally involved in the ceremony.
Evidence of Knowledge
The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:
legal requirements under marriage regulations that impact marriage ceremony planning and preparation:
what marriage is under Australian law
who may marry
requirements for a valid marriage
instances in which marriage may not take place, for example surprise marriages
requirements in the case of marriages in which one party is aged between 16 and 18
when and where marriages may take place
requirements for use of interpreters
requirements for those coming to Australia from overseas to marry
requirements for shortening of time for notice of an intended marriage
requirements for witnesses to the marriage
offences under the Marriage Act relating to marriage ceremony planning and preparation
legal content required in a marriage ceremony
legal differences between a religious and a non
legal differences between requirements for ministers of religion and those marriage celebrants who are not
requirements of the Code of Practice relating to marriage ceremony planning and preparation
process for transferring responsibility where original celebrant unavailable
legal requirements under the marriage regulations relating to marriage stationery and the completion of forms:
requirements relating to marriage stationery, including where to obtain
requirements for completing and retention of forms
correct recording of names on marriage documents, including names:
by common usage
where person was born overseas, and
used after a previous marriage
correct completion of Notice of Intended Marriage, including witnessing of signatures on the Notice of Intended Marriage
what can be used as evidence of the:
date and place of birth of parties to a proposed marriage (evidence required when parties born in Australia and born overseas)
end of a previous marriage of a party to a proposed marriage (evidence required for previous marriages conducted in Australia and overseas)
identity of parties to a proposed marriage
use of statutory declarations in place of evidence
correct completion of Declarations of No Legal Impediment to marriage
documents required to be given to marrying couples
legal and ethical considerations beyond the Marriage Act impacting on marriage ceremony planning and preparation:
conflict of interest issues relating to marriage ceremony planning and preparation
insurance requirements:
public liability
professional indemnity
copyright and intellectual property
privacy, confidentiality and disclosure
registration requirements in states and territories, including the procedures and processes of state/territory Registrars of Births, Deaths and Marriages
use of public spaces
work role boundaries – responsibilities and limitations
work health and safety
information that must be provided to a marrying couple about family relationship services:
purpose and the importance of the obligation to provide couples with information concerning family relationship services
what information must a marriage celebrant have about marriage and relationship education services
maintenance of the currency of this information
proper role of the marriage celebrant
special provisions for ministers of religion and relationship with the Code of Practice
conveying this information to couples – when and how to do it
marriage celebrant obligations in assisting a couple with marriage planning:
legal requirements for marriage ceremony content and how to ensure these are covered
marriage celebrant role in supporting the social, cultural and legal significance of marriage, and the importance of marriage and the marriage ceremony
role of the celebrant when other religious organisations are involved
cultural rights, multicultural contributions, and the place of the arts in culture in marriage ceremonies
potential considerations when religious circumstances or sensitivities may apply
importance of marriage ceremony and ritual in community and family life
marriage celebrant involvement in marriage ceremony planning:
scope of involvement based on client preference
practical assistance – scheduling, venue considerations and limitations
need for provision of varied, presentable and well-maintained ceremony resources
rehearsal planning and conduct
marriage celebrant involvement in marriage ceremony creation and types of advice that may be provided:
use of ritual – kind of ritual, placement of ritual, appropriateness of ritual
use of symbols – kind of symbols, placement of symbols, appropriateness of symbols, development of resources
choice and use of readings, poetry, prayers, religious readings, visiting speakers, special participants, music – development of resources
involvement of family or friends
participation of other people – ensuring legal requirements are met
structure and flexibility of an Australian civil wedding ceremony:
processional and entrance
welcome and introduction
monitum
reading and ritual
asking
vows
ring exchange
declaration of marriage
signing
presentation of married couple
final announcements
conclusion and recessional
how to respond to common problems and issues that marriage celebrants face:
current and prospective spousal visas
refugee related issues
second marriage requests where couple do not wish for parents/family/friends to know
second marriage requests where the couple have been married overseas and cannot provide evidence of their marriage or are unsure of the validity of their marriage under Australian law
elopements
unusual or special request weddings
legitimacy of documents presented
issues of consent related to:
known mental illness
accident and/or age-related memory loss (marriages of older couples)
persons with impairment or intellectual disabilities
possible coercion
alcohol and other drugs, intoxication issues
dealing with aggressive and/or perfectionist couples or couples wanting offensive content
wedding stationery requirements, different options for creation and presentation.
Assessment Conditions
Skills must have been demonstrated in the workplace or in a simulated environment that reflects workplace conditions. The following conditions must be met for this unit:
use of suitable facilities, equipment and resources, including:
legislative information on marriage
pre-ceremony marriage documentation
client information on which interviews and ceremony preparations are based
modelling of industry operating conditions, including:
scenarios that involve interactions with other people
scenarios that involve problem-solving.
Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.
Foundation Skills
The Foundation Skills describe those required skills (language, literacy, numeracy and employment skills) that are essential to performance.
Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.