Marriage Celebrants E-bulletin December 2005
E-Bulletin - Trial of Performance Reviews
Welcome to the December 2005 issue of the e-bulletin. It contains important information for marriage celebrants.
Performance Reviews
Everyone was advised at the time of the commencement of the Marriage Celebrants Program on 1 September 2003 that section 39H of the Marriage Act 1961 (the Act) requires the Registrar of Marriage Celebrants to regularly review each marriage celebrant’s performance to determine whether it is satisfactory. The maximum period between each performance review is five year.
We are commencing the process of performance reviews by conducting an initial trial of 50 performance reviews. The results of this trial will enable us to refine the process prior to proceeding to further performance reviews.
The first group has been selected randomly and consists of a mixed group of celebrants doing religious and civil ceremonies and from rural and urban areas. Marriage celebrants from all States form part of this first group.
The participants will be asked to fill in a questionnaire and provide samples of Form 15 record keeping forms to assist in the review.
The text of an information sheet that explains how the performance review will be conducted is below.
Deborah Nance
Registrar of Marriage Celebrants
Marriage Celebrants Section
Family Law Branch
Civil Justice Division
PERFORMANCE REVIEWS
Information for marriage celebrants
Section 39H of the Marriage Act 1961 requires the Registrar of Marriage Celebrants to regularly review each marriage celebrant’s performance to determine whether it is satisfactory. The maximum period between each performance review is 5 years. Reviews may be done more regularly if necessary.
What will be considered in a performance review?
The Registrar must take into account the following matters (these are set out in Regulation 37N of the Marriage Regulations 1963):
• any complaint about the marriage celebrant dealt with under the complaints process
• whether the marriage celebrant complied with any action or disciplinary measure taken against her or him as a result of a complaint
• whether the marriage celebrant has complied with the Code of Practice
• whether the marriage celebrant has completed the required ongoing professional development
• whether the marriage celebrant has 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 may also consider any other information in her possession in conducting the performance review.
What will I have to do?
If your performance as a marriage celebrant is to be reviewed, you will receive a letter telling you that a review of your performance as a marriage celebrant is about to be undertaken. Accompanying the letter is a questionnaire you will need to complete and return by the date set out in the letter.
If there is any information in the Registrar’s possession that she proposes to consider in conducting your review this will be explained in the letter and you will be asked for your response.
You should read the letter carefully and ensure you provide any material asked for. Make sure you return the material by the due date.
The performance review will proceed after the date set out in the letter whether or not you have returned the material requested.
How will the performance review be conducted?
The Marriage Celebrants Section will review our records to determine whether there have been any complaints against you dealt with under the complaints process, whether you have completed the required ongoing professional development and whether you have sent in your required annual returns.
The Registrar will review your responses to the questionnaire to see whether you have complied with the Code of Practice and whether there are any other issues concerning your ongoing entitlement to be a marriage celebrant.
Your website (if any) will be reviewed (that is why the questionnaire requests the address of any websites listing you as a marriage celebrant - other than the Department’s own website) and your record keeping sheet will be reviewed to ensure that you are complying with your obligations relating to the new Form 15 marriage certificate.
The Registrar will also consider your response to any other issues that have been raised in the letter to you.
How will I know the result of the review?
You will be sent a letter advising you of the result of your performance review.
If your performance is regarded as unsatisfactory a notice will be sent to you advising you of the reasons why the Registrar is concerned about your performance. You will be invited to make any representations you wish to make about your performance. You will have 21 days to provide any reasons why you believe the Registrar should not assess your performance as unsatisfactory. The Registrar must take anything you provide into account and must make a final decision on your performance within 14 days of receiving your representations. You will, of course, be notified of the decision.
What should I do if I have any queries about this process?
If you have any queries you should contact the Marriage Celebrants Section by phone on
(02) 6234 4800 or by email to marriagecelebrantssection@ag.gov.au.