Unit of competency Outline

Date retreived
22/07/2026 7:22 AM AWST

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Plan a marriage ceremony in line with legal requirements

Plan a marriage ceremony in line with legal requirements

Unit of competency
National Code
CHCCEL404A
State Code
D2263
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
25/03/2011
State Implementation and Classification
Approved Date
02/12/2009
Field of Education
091103 - Legal Studies
Original Release Date
02/12/2009
Nominal Hours
40
Description
DescriptorThis unit describes the knowledge and skills required by marriage celebrants to prepare for and plan marriage ceremonies in line with legal requirements
Notes
Elements and Performance Criteria
1. Address legal requirements to work as a marriage celebrant
  • 1.1 Work with demonstrated accurate knowledge of the responsibilities and obligations of a marriage celebrant under the Marriage Act 1961 and Marriage Regulations 1963
  • 1.2 Work with demonstrated accurate knowledge of available family relationship services as required under the Code of Practice for Marriage Celebrants
2. Prepare for marriage ceremony in line with legal requirements
  • 2.1 Explain to marrying couple requirements for marriage under the Marriage Act 1961 and the Marriage Regulations 1963 in planning the marriage ceremony
  • 2.2 Confirm whether the couple may marry under Australian law (i.e. under the Marriage Act 1961)
  • 2.3 Provide marrying couples with information about availability of relationship education services in accordance with the Code of Practice
  • 2.4 Ensure planned ceremony adheres to requirements of the Marriage Act 1961, the Marriage Regulations 1963, the Code of Practiceand other relevant legislation
  • 2.5 Explain legal requirements of marriage ceremony to clients and/or potential marrying couples
  • 2.6 Sight documentation required by the Marriage Act prior to solemnisation of the marriage
  • 2.7 Explain documentation requirements and processes to marrying couples, including systems and processes to ensure privacy of marrying couples' records
  • 2.8 Discuss with couple options for presentation of documentation other than legal documentation and agree on format and style of presentation
  • 2.9 Obtain and/or prepare marriage stationery as agreed with couple and in accordance with the legal requirements
  • 2.10 Ensure administrative systems and supplies are in place to support completion, storage and forwarding of relevant documentation in accordance with legal requirements
  • 2.11 Review all required documentation and ensure it is accurately completed for signing
3. Assist couple to plan a marriage ceremony in line with legal requirements
  • 3.1 Demonstrate recognition of the social, cultural and legal significance of marriage and the marriage ceremony
  • 3.2 Complete paperwork accurately in accordance with the legal requirements
  • 3.3 Assist couple to plan and organise day, time and proposed venue for the marriage ceremony
  • 3.4 Assist couple to address any issues arising in planning the marriage ceremony
  • 3.5 Offer the couple a range of presentable and well maintained ceremony resources
  • 3.6 For a religious ceremony:
  • ensure the ceremony has formal approval of the religious body or organisation for which it is conducted
  • if changes are made to the ceremony, ensure these changes are approved
  • ensure section 46 is included in any religious ceremony conducted by a Commonwealth registered marriage celebrant
  • 3.7 For a civil ceremony, ensure ceremony meets minimum legal requirements i.e. vows are written in accordance with legislative requirements in section 45(2) and legislative requirements of section 46 are met
  • 3.8 Assist couple in the creation of the marriage ceremony, in line with legal requirements and in keeping with the purpose and significance of the marriage ceremony, values, ideals and social and cultural contexts
  • 3.9 Assist couple to identify the need for and plan a rehearsal
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. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.


Responsibilities and obligations of a marriage celebrant under the Marriage Act 1961 and Marriage Regulations 1963 refer to:
Marriage Act 1961:
Categories of marriage celebrant
Register of marriage celebrants
Requirements for registration, including the fit and proper person test
Process of consideration of applications and registration
Fit and proper person criteria - conflict of interest, knowledge of relationship services, standing in the community etc
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
Records that must be kept in relation to each marriage celebrant
The operation of the complaints process


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
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
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
continued ...


Requirements for marriage under the Marriage Act 1961 include (contd):
The legal differences between requirements for ministers of religion and those marriage celebrants who are not
Requirement to forward papers 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


Issues arising in planning marriage ceremony may include, but are not limited to:
Proposed venue
Date and time of ceremony
Kind of ceremony
Special requirements for ceremony
Problems relating to weather, crowds, noise etc
Time of arrival of marriage celebrant


Creation of the marriage ceremony includes, but is not limited to:
Appropriate use and placement of ritual
Appropriate use and placement of symbols and development of associated resources
Choice and use of readings, poetry, prayers, religious readings and music and development of associated resources
Involvement of family (e.g. parents, grandparents, children of couple), friends and/or visiting speakers


Plan a rehearsal may include:
Scheduling a rehearsal
Identifying what needs to be rehearsed
Conducting a rehearsal
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
For assessment of aspiring marriage celebrants, this unit is most appropriately assessed by the observation of a simulated interview with the marrying couple and simulated ceremony or through role play and the completion and submission of documents
For existing marriage celebrants choosing to be assessed against the competencies, this unit is most appropriately assessed prior to and during the conduct of a marriage ceremony and the completion and submission of completed documents
Assessment should enable assessment of response to a diverse range of marrying couples in a range of situations
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 can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged
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 may include:
Observation of simulation and/or role play of interview with marrying couple
Observation of simulation and/or role play of ceremony
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/ Marriage Act and its Regulations
Evidence of the appropriate use of ceremony and symbolism
Replaced By
State Code National Code Title Type
AWB44 CHCCEL006 Interview clients and plan marriage ceremonies Unit of competency
State Code National Code Title Type
D303 CHC42608 Certificate IV in Celebrancy Qualification