39IDisciplinary measures

39I Disciplinary measures

(1) The Registrar of Marriage Celebrants may only take disciplinary measures against a marriage celebrant if the Registrar: (a) is satisfied that the marriage celebrant is no longer entitled to be registered as a marriage celebrant; or (aa) is satisfied that the marriage celebrant is no longer entitled to be identified as a religious marriage celebrant on the register of marriage celebrants; or (b) is satisfied that the marriage celebrant has not complied with an obligation under section 39G; or (c) has determined in writing under section 39H that the marriage celebrant’s performance in respect of a period was not satisfactory; or (d) is satisfied that it is appropriate to take disciplinary measures against the marriage celebrant after considering a complaint in accordance with the complaints resolution procedures established under paragraph 39K(c); or (e) is satisfied that the marriage celebrant’s application for registration was known by the marriage celebrant to be false or misleading in a material particular; or (f) is satisfied that the marriage celebrant’s notice under section 39DB or paragraph 39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant) was known by the marriage celebrant to be false or misleading in a material particular. (2) The only disciplinary measures that the Registrar may take against a marriage celebrant are to: (a) caution the marriage celebrant in writing; or (b) in accordance with regulations made for the purposes of this paragraph, require the marriage celebrant to undertake professional development activities determined in writing by the Registrar; or (c) suspend the marriage celebrant’s registration for a period (the suspension period) of up to 6 months by annotating the register of marriage celebrants to include: (i) a statement that the registration is suspended; and (ii) the dates of the start and end of the suspension period; or (d) deregister the marriage celebrant by removing his or her details from the register of marriage celebrants; or (e) if the marriage celebrant is identified as a religious marriage celebrant on the register of marriage celebrants: (i) remove the identification of the marriage celebrant as a religious marriage celebrant from the register for a period (the suspension period) of up to 6 months by annotating the register of marriage celebrants to include a statement that the celebrant is not identified as a religious marriage celebrant, and the dates of the start and end of the suspension period; or (ii) remove the identification of the marriage celebrant as a religious marriage celebrant permanently from the register.

Note: A decision to suspend a marriage celebrant’s registration, or to deregister a marriage celebrant, is reviewable under section 39J.

(3) If the Registrar suspends a marriage celebrant’s registration for a particular period, section 39F does not apply in respect of the marriage celebrant during the period. (3A) If the Registrar removes the identification of a marriage celebrant as a religious marriage celebrant for any period under paragraph (2)(e), section 47A does not apply in respect of the celebrant during that period. (4) If the Registrar decides to take disciplinary measures against a marriage celebrant (including a religious marriage celebrant), the Registrar: (a) must give the marriage celebrant written notice of: (i) the decision; and (ii) the reasons for it; and (iii) the disciplinary measure that is being taken; and (iv) if the marriage celebrant has a right under section 39J to apply for review of the decision—that right; and (b) may inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is being taken against the marriage celebrant.