Elements and Performance Criteria

RANGE STATEMENT

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

EVIDENCE GUIDE

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