Become a marriage celebrant

A disclosable outcome refers to police information that can be released. Disclosable outcomes may include information relating to court convictions (including penalties and sentences), charges, findings of guilt with no conviction and traffic offences.

Purpose of these guidelines

The Disclosable Outcomes Guidelines (the guidelines) set out a number of general principles the Registrar of Marriage Celebrants (the Registrar) may consider when taking into account a person’s criminal history record as part of their application to become a Commonwealth-registered marriage celebrant.

Whilst every application is considered on an individual basis, these guidelines provide a basis for the assessment process.

The guidelines aim to assist in providing transparency to potential applicants to make an informed decision in respect of their own criminal history record and the possible impact it may have on their application.

Criminal history checks for the application to become a marriage celebrant

A person seeking to become a Commonwealth-registered marriage celebrant must submit an application to the Attorney-General’s Department.

Under section 39C of the Marriage Act 1961 (the Act), a person is only entitled to be a Commonwealth-registered marriage celebrant if the Registrar is satisfied that the person is aged 18 years or over, holds the relevant qualifications and/or skills, and is a fit and proper person.

In determining whether a person is a ‘fit and proper’ person, subsection 39C(2) of the Act requires the Registrar to take into account, amongst a number of criterion, whether the applicant has been convicted of an offence punishable by imprisonment for one year or longer, against a law of the Commonwealth, a State or Territory.

Process of obtaining a criminal history check

In order to satisfy this requirement, an applicant is asked to submit relevant documents for a national police history check which is conducted by the Australian Criminal Intelligence Commission (ACIC). Further details on the relevant documents can be found in the Application and Informed Consent Form - Nationally Coordinated Criminal History Check under the 'Registration and removal of marriage celebrants' dropdown on our Downloaded resources page. 

Undergoing a national police history check is a requirement for all persons seeking to become a Commonwealth-registered marriage celebrant.

Once a national police history check is completed, the Marriage Law and Celebrants Section (MLCS) notifies the applicant of the outcome of their report.

Applicants are given the opportunity to provide further information or dispute any disclosable outcomes in the report. Any information provided by the applicant, such as an explanation or information about mitigating factors, will be taken into account in considering the applicant’s criminal history.

The report will be considered alongside other aspects of the application. 

Once an application has been considered by the Registrar and the applicant has been notified of the final
outcome of their application, their consent form and report are removed from MLCS’s databases.

Offences that are likely to affect the decision to register an applicant as a celebrant 

If an applicant has been convicted of one or more of the following offences this may be a significant 

impediment to their application being successful under subsection 39(2) of the Act:

• offences causing grievous bodily harm (including murder)
• aggravated or sexual assaults
• child sex offences (including possession of child pornography)
• fraud or identity theft, and
• offences involving financial gain.

General principles guiding assessment of disclosable outcomes

When an applicant’s criminal history report includes a disclosable outcome, the Registrar may take into account a number of general principles when considering whether a person is ‘fit and proper’ to become a marriage celebrant, including:

• the nature and gravity of the offence and its relevance to marriage solemnisation
• how long ago the offence was committed
• the person’s age when the offence was committed, and
• whether multiple offences where committed.

The nature and gravity of the offence and its relevance to marriage and marriage solemnisation.

The Registrar may place more weight on offences that are inconsistent with the ideals and values of marriage and marriage solemnisation.

The Registrar may place more weight on offences involving victims who are classified as vulnerable persons.

How long ago the offence was committed

The Registrar may place greater weight on more recently committed offences.

The person’s age when the offence was committed

The Registrar may place less weight on offences committed when the applicant was a youth or young adult.

Whether multiple offences where committed over a time period

The Registrar may place more weight on multiple offences which indicate a pattern of behaviour that is in conflict with the role and duties of a marriage celebrant.

To apply for registration as a Commonwealth-registered marriage celebrant (which includes a religious marriage celebrant), aspiring marriage celebrants must meet one of the following requirements:

• successful completion of the Certificate IV in Celebrancy, which includes mandatory marriage celebrancy units, through a registered training organisation; or
• have attained a ‘celebrancy qualification’ from an approved university; or
• have ‘celebrancy skills’, including fluency in an indigenous language, ability to liaise, plan and conduct a marriage ceremony and deal with required documentation in accordance with marriage legislation.

Further details about the skills and qualifications required for registration as a marriage celebrant are set out in section 39 of the Marriage Regulations 2017.

This fact sheet explains the requirements for the delivery of the marriage celebrancy units as part of the Certificate IV in Celebrancy.

Registered training organisations must deliver the Certificate IV in Celebrancy in accordance with the packaging rules set in the Community Services Training Package. The Registrar of Marriage Celebrants has additional requirements that apply to the delivery of the marriage celebrancy units. These are set out in the Marriage (Celebrancy qualifications or skills) Determination 2018 (the Registrar’s determination) and are summarised below.

Marriage celebrancy units

The marriage celebrancy units specifically developed for marriage celebrancy are fundamental to the legal obligations of a celebrant solemnising a marriage. The Certificate IV in Celebrancy includes three marriage units (previously four units). For the purposes of registration as a marriage celebrant, the department continues to recognise both sets of units. 

Current marriage celebrancy units

CHCCEL005 – Establish and maintain marriage celebrancy practice

CHCCEL006 – Interview clients and plan marriage ceremonies

CHCCEL007 – Prepare for, present, and evaluate marriage ceremonies

Previous marriage celebrancy units 

CHCCEL402A – Establish and maintain knowledge of legal responsibilities of a marriage celebrant

CHCCEL403A – Develop an effective relationship with a marrying couple

CHCCEL404A – Plan a marriage ceremony in line with legal requirements

CHCCEL405A – Conduct and review a marriage ceremony in line with legal requirements

Required materials for trainers delivering the marriage celebrancy units

Trainers must use certain core training materials to deliver the marriage celebrancy units as follows:

• the Marriage Act 1961
• the Marriage Regulations 2017 or the Marriage Regulations 1963 (for qualifications delivered prior to the commencement of the Marriage Regulations 2017 on 1 April 2018)
• the Guidelines on the Marriage Act 1961 for Marriage Celebrants (these should be used prior to July 2018)
• the Guidelines on the Marriage Act 1961 for authorised celebrants July 2018 (these should be used for qualifications delivered from July 2018 onwards)
• The following forms which are all available on the Attorney-General’s Department website:
  • authorisation of marriage of a minor
  • dispensation with consent to marriage of minor
  • consent by Judge or magistrate to marriage of minor
  • application for registration as a marriage celebrant
  • notice of intended marriage
  • declaration by parties to marriage
  • obligations of marriage (Happily ever...before and after brochure)
  • official certificate of marriage, and
  • interpreter’s certificate.

Department’s requirements for certificates issued to students

Registered training organisations should include the following information on the certificates they issue to 
students:

• the following statement: ‘I confirm that this qualification meets the requirements of the Registrar of Marriage Celebrants determination made under paragraph 39C(1)(b) of the Marriage Act 1961 and in accordance with subsection 39(1) of the Marriage Regulations 2017, and
• a transcript of units completed as part of the qualification (including titles and national codes).