Mobile
Phone: 0409 110 090What's New for Celebrants
Authorised Celebrants check here regularly for Updates and changes occurring within the West Australian Association and directly affecting you in your Celebrancy work
Contact Details for AG Dept and CanPrint
Click here
AGM AND OPD 2009
1st May 2009 at the
Novotel, Langely, Perth
Strict guidelines from the Attorney General
No WALK-INS OFF the street
this year this will be an invitation only
Seminar
Remember when you get your letter of invitation, ensure you answer
immediately with your day preference, as you will be rostered into
either of the two sessions days that this Seminar is running
I urge you to act quickly in order to secure your preference,
Seats are limited to a first in first choice situation
2008 - 2009 OPD -
DVD Titles - Available Now
DVD's for the 2008-2009 OPD can be purchased now. The compulsory
will 'count as two hours' of the required
5 hours obligatory requirements, and must be purchased from CanPrint, Canberra
DVD's, along with questionnaires and handout will be forwarded upon payment
being received.
Available now at $40 per DVD (Incl. P + H)
| 08363 | Common Errors identified | |
| Presenter- Gavin Cotterell (90Mins) |
||
08640 08432 08443 |
Effective Wedding Rehearsal Methods Presenter - Dorothy Harrison (1 hour) Issues relating to Venues Presenter - Doug Bathgate (1hour) How to Build Constructive Relationships between Marriage Educators and celebrants Presenter - Marrea (90Min) |
Please supply your mailing address and Authorisation Number, with
your DVD selections
Forward cheque/money order, internet banking transfer (made
out to MCA (Inc) )
Admin., MCA (Inc) Est. WA
11/33 Brookside Avenue,
KELMSCOTT
WA 6111
(A.A.N.C.S - An Authorised Nationwide Celebrant Service)
Ongoing Professional Development - Ceremonies for The Hospitalised and the Elderly -
This DVD/video includes 4 ceremonies set in a hospital room,
hospital grounds, and lakeside.
This presentation, together with the compulsory DVD
(when released) will complete your OPD in a cost effective way, and
in the comfort of your own home.
08039
4 hour activity is presented by DVD or video - cost $55.00 including
postage and handling
Enquiries for this DVD should be directed to:
Helen Scott
Email:
weddings@nelsonbay.com
Anna Bay NSW 2316
Elected Office Bearers
2008-2009
| President: |
Dorothy
Harrison |
|
|
Vice President/ Function Secretary: |
Margaret
McKay
|
|
|
Executive Officer/ Webmaster/Moderator: |
Stan
Karasinski |
|
|
Treasurer: |
Owen Davies |
|
|
OPD Secretary: |
Doug
Bathgate |
|
|
Support Member: |
Dawn Besley Rev. Patrick Ryan Lesley Baker-Hames Karen Scanlon Elizabeth Hutson |
Marriage Vow
This important extract is from a letter written by Kym Duggan, (The
Attorney General's Assistant Secretary) to the National Council in
answer to a request to clarify a "Marriage Vow"
Please keep this with your explanatory notes.
Meaning
of Section 45(2) of the Marriage Act 1961
The purpose of Section 45(2) is to set out the minimum words which
must be used by the parties to be sufficient for a non-religious
ceremony to be a Marriage Ceremony. Each party must say to the
other, in the presence of the celebrant and witnesses- the words
"I call upon the persons here present to witness that I, AB
(CD), take thee CD (or AB) to be my lawful wedded wife (or
husband)"; or words to that effect.
Section 48 of the Act states that in certain circumstances a
marriage not solemnised in accordance with Part IV Division 2 of the
Act will be invalid.
What this means is that, if the celebrant is not a minister of
religion and if the ceremony does not satisfy the minimum
requirements of section 45(2), namely the exchange of vows, the
marriage will probably be void. It is therefore very important that
celebrants comply with the minimum requirements of the ceremony.
Meaning
of "or words to That effect"
In my view this phrase must be narrowly interpreted, as the
requirements of section 45(2) are minimum requirements and the
meaning of the vows exchanged by the parties must not be diluted or
changed. For example it
would be permissible to exchange the minimum words in the following
ways:
change "call upon" to "ask"
"persons" to "people"
"thee" to "you"
"husband or wife" to spouse
Any other changes would change the meaning of the vows. For example,
it would not be permissible to change "husband" or "wife" to
partner", because partner does not signify marriage. The parties
must not be in a position to make a mistake as to the meaning of the
vows and all celebrants who are not ministers of religion must be
sure that couples always use the minimum words in section 45(2).
It is permissible to lengthen the vows and personalise them
according to the couple's wishes, but these minimum words must be
included. Many couples have constructed vows that include these
words and add others.
Meaning of the terms "A.B." and C.D."
The legislation does not provide us with an answer to this question
so it is a matter of interpretation. Using two letters to describe
each party in the legislation may suggest that the drafters of the
legislation expected the first name and surname of each party would
be used in the vows.
Many couples believe that vows spoken to each other are very
personal and would prefer that their surnames not be used at this
stage in the ceremony.
We suggest that full names be used at some stage during the
ceremony, preferably early in the ceremony for the purpose of legal
identification of the parties.
This does not need to be in the vows made by the parties to
each other.
Nicknames cannot be used for vows but shortened names or nicknames
may be added to the vows following the full names. For example “I
Elizabeth Jane (Liz), take you Peter John (Buddy) etc. "Nicknames
may be used elsewhere in the ceremony, with the proviso that full
legal names are used at some time in the ceremony.
For All Celebrants a Link to the Current Marriage Regulations
http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrumentCompilation1.nsf/0/417FEC62B9C82431CA257028001E434E?OpenDocument
Fit and Proper Person
The Registrar of Marriage Celebrants Strikes the first Blow
in 'Conflict of Interest'
This is an extract Summary - Other cases are following!!
Mrs Carrie Siipola-Fortunaso applied to be registered as a marriage
celebrant under s 39D of the Marriage Act 1961. The respondent, the
Registrar of Marriage Celebrants, declined to register the
applicant. The Registrar says the applicant is not a fit and proper
person to be a marriage celebrant within the meaning of s 39C of the
Act.
The applicant has asked the Tribunal to review the Registrar’s
decision. For reasons I will explain, I am satisfied the Registrar’s
decision was the correct and preferable one in the circumstances.
THE MATERIAL BEFORE THE TRIBUNAL
The Tribunal was provided with the documents required under s 37 of
the Administrative Appeals Tribunal Act 1975. The following
documents were also tendered in evidence:
• Assorted webpages concerning wedding celebrants and planners in
Brisbane;
• Two statements of the applicant dated 3 March 2004, 16 April 2004;
A statement of Leslie Mackee dated 13 April 2004;
• A statement of Sharon McFarlane, undated;
• A circular of the Attorney General’s Department concerning
conflict of interest situations;
• An affidavit of Susan de Carle dated 21 June 2004.
The applicant gave evidence before the Tribunal.
The applicant rang the officer on 17 December 2003 to discuss the
email. Mrs Siipola-Fortunaso volunteered she had already placed an
advertisement in the Yellow Pages which contained the following
heading:
“Adorable Angel Wedding Planning: Marriage Celebrant, Wedding
Planner.”
The applicant wrote to the respondent that afternoon confirming she
had placed an advertisement. She added it was not her intention to
provide the total services of a wedding planner. There was nothing
in the evidence to suggest the burden of the adverse decision was
unduly onerous in the circumstances.
CONCLUSION
The Registrar of Marriage Celebrants was right to decline to
register Mrs Siipola-Fortunaso as a marriage celebrant. She is not a
fit and proper person within the meaning of s 39C. She is therefore
ineligible to be registered as a marriage celebrant. The decision
under review is affirmed.
I certify that the 37 preceding paragraphs are a true copy of the
reasons for the decision herein of Senior Member McCabe.
Signed:.....................................................................................
Associate: Thomas Ritchie
Date/s of Hearing: 23 June 2004.
Date of Decision: 13 September 2004.
The applicant represented herself.
An Apostille
Prior
to the introduction of Apostille Certificates, the burden on
international governments and Courts to ascertain whether foreign
public documents were authentic or not, was quite onerous.
The Hague Convention abolished the requirement of formal
legalisation of foreign public documents to prevent these difficult
appraisals having to be made.
The Convention reduced all of the formalities of legalisation to the
simple delivery of a Certificate in a prescribed form, entitled
"Apostille", to be issued by the appropriate government department
of a country which ratified the Convention.
Whilst most countries have embraced the Convention, many have still
to adopt it.
The Hague Convention's full title, which speaks for itself, is...
The CONVENTION ABOLISHING THE REQUIREMENT OF LEGALISATION FOR
FOREIGN PUBLIC DOCUMENTS, and was concluded on October 5, 1961.
So the Apostille document is a special certification document which
is accepted by countries who are party to the rules of the 1961
Hague Convention
Only countries which adopted
this convention rule will accept this rule
Nations which are party to
the Hague convention of 1961 can be located on the URL link at the
end of this article.
An Apostille (Certificate) is a square approximately 9cm long,
stamped onto the reverse side of a single page public document.
It is formatted into numbered fields to allow certified data to be
identified by the receiving country, regardless of the official
language of the issuing country. It is also dated, numbered,
registered and impressed with the seal of the government department
which issues it.
The Certificate's official issue and registration may be verified
without difficulty by means of a simple request for information
addressed to the country's issuing government department from where
it originated.
If the certified document consists of more than one page, all
pages are bound together into a single bundle and tied firmly with
green ribbon or tape with the Certificate attached on a separate
sheet of paper. For more see
http://www.apostille.com.au/hague-convention.php
Commonwealth Stationery
Marriage
Celebrants can now order Stocks 1300 656 863 The Attorney General is
developing options for the future supply and distribution of
marriage stationery.
Celebrants are reminded that the reproduction of the Commonwealth
Crest is prohibited without express written permission from the
Department of the Prime Minister and Cabinet.
Witnessing The Notice of Intended Marriage Form - Outside of
Australia
To all marriage celebrants a memo was sent in October 2002
explaining the changes to the Marriage Act 1961 as a result of the
passing of the Marriage Amendment Act 2002.
If you still have it you can check the information provided
on page 2 under the heading 'Witnesses to Notices of Intended
Marriage'.
It explains that the list of persons who can witness the Notice
outside Australia had been widened and now includes:
An Australian Diplomatic Officer
An Australian Consular Officer
A notary public
An employee of the Commonwealth authorised under paragraph 3(c) of
the Consular Fees Act 1955 or
An employee of the Australian Trade Commission authorised under
paragraph 3(c) of the Consular Fees Act 1955.
It means that people overseas who cannot get to an Australian
embassy or consulate will be able to have their Notice witnesses by
any notary public which will make the preparation of the Notice
overseas easier to arrange.
Unauthorised celebrants performing marriages
Representative celebrant associations have raised with the Registrar of Marriage Celebrants, Canberra Ms Debra Nance their concern in relation to two related matters:
a) people who are not authorised or registered marriage celebrants performing weddings, advertising their services as celebrants or advertising in such a way as to make it unclear whether they are registered marriage celebrants or not. Many of these people are students undertaking the marriage celebrancy unit or recent graduates of training courses; and
b) registered marriage celebrants taking a minimal role in these ceremonies, sometimes doing little more than signing the required papers
Independently of associations raising these concerns, the Marriage Celebrants Section has contacted a number of people over the last 12 months concerning potentially misleading advertisements they have placed in the press or potentially misleading statements concerning their status as registered marriage celebrants on their websites
This matter was discussed in the e-bulletin of June 2002 and the minimum legal role of a registered marriage celebrant in a marriage ceremony was outlined.
The minimum legal requirements for a registered marriage celebrant
conducting a marriage are set out again below.
These were set out in full in the Explanatory Material
enclosed with your package of information in August 2003.
They may be found at pages 20-21.
In the event that a marriage is being solemnized by a minister of
religion, and someone other than the registered marriage celebrant
is taking a role in the ceremony, the minister of religion who is
the registered marriage celebrant must ensure that they play at
least the following minimum role:
consent to be present as the supervising registered celebrant and to be at the ceremony in that capacity someone other than a registered marriage celebrant is taking a role in a marriage ceremony being conducted by a registered marriage celebrant who is not a minister of religion, the registered marriage celebrant must ensure that they do at least the following
to be present at the ceremony as the responsible registered marriage celebrant
In the case of ALL marriage celebrants authorised or registered by the Commonwealth it is the authorised or registered marriage celebrant only who must say the words in section 46 of the Marriage Act 1961. The registered marriage celebrant simply signing the papers is not sufficient. Nor is it sufficient to simply attend the ceremony and play no part in it
I set out below relevant parts of section 101 of the Act which makes it an offence for an unauthorized person to solemnize or purport to solemnize a marriage:A person shall not solemnize a marriage, or purport to solemnize a marriage, at a place in Australia … unless the person is authorized by or under this Act to solemnize marriages at that place
As authorised or registered marriage celebrants you must ensure that you do not find yourself agreeing to arrangements outside those outlined above or in the Explanatory Material
As has been noted before (such as in the e-bulletin of June 2002) this does not prevent people particularly requested by the couple playing a significant role in the ceremony. Nor does it prevent you, as a marriage celebrant, from designing a ceremony to meet the needs of the couple. However, you must ensure that in doing so the minimum requirements outlined above are adhered to.
| Authorised’ and ‘registered’ mean the same thing! |
You may have noted or read the words ‘authorised’ and ‘registered’ both being used in relation to your status as a marriage celebrant. These words mean the same thing!!
The Marriage Act 1961 now uses the term ‘registered’ to describe marriage celebrants appointed by the Commonwealth so we are moving to the use of that term also. However, as was noted in your package of materials, it means the same thing as ‘authorised’
I look forward to continuing to work with all of you to make
marriage celebrancy a rewarding and fulfilling role.
I also look forward to assisting you all in ensuring that the
Australian public receives a high standard of service from all
marriage celebrants.
Deborah Nance
Registrar of Marriage Celebrants
Marriage Celebrants Section
Family Law Branch
Family Law and Legal Assistance Division
A
ttorney-General’s Department (Canberra)P
hone Number: (02) 6234 4800
Fax Number: (02) 6234 4811
Marriage Celebrants Section
Family Law Branch
Attorney-General’s Department
Robert Garran Offices
National Circuit
Barton ACT 2600
Homepage
: http://www.ag.gov.au/celebrants
The
site allows you to find lists of Registered Celebrants (by State),
Prescribed Authorities, denominations recognised by the Department,
information about professional development, and download forms such
as the NOIM, and the latest E-Bulletins (see Latest News).
The Registrar of Marriage Celebrants is Ms Deborah Nance.
Contact Officers: Ms Mary Molan and Ms Catherine Bonnin-Muecke
— Marriage Celebrant Stationery
Telephone: 1300 656 863 Fax: (02) 6293 8333