68Procedure after notice given to marriage celebrant

68 Procedure after notice given to marriage celebrant

(1) This section applies if a marriage celebrant is invited in accordance with subsection 67(3) to give the Registrar of Marriage Celebrants a written response to a complaint relating to the marriage celebrant. (2) As soon as practicable after receiving the written response from the marriage celebrant or after the expiry of the period for receiving such a response, the Registrar of Marriage Celebrants must: (a) consider the complaint and material given to the Registrar by the complainant and the marriage celebrant; and (b) consider any other written information held by the Registrar that is relevant to the complaint; and (c) determine whether, on the basis of the complaint, material and information, the Registrar is satisfied that the marriage celebrant has contravened, or committed an offence against, a provision of the Act, this instrument or the old regulations; and (d) if the Registrar is satisfied that the marriage celebrant has contravened, or committed an offence against, such a provision—decide whether or not it is appropriate to do either or both of the following: (i) take disciplinary measures against the marriage celebrant under section 39I of the Act; (ii) take any other action in relation to the complaint (such as a request or recommendation that the marriage celebrant change his or her marriage celebrancy practice). (3) Despite paragraph (2)(a), the Registrar must not consider any part of the complaint, or material given to the Registrar by the complainant, that was not given to the marriage celebrant.

Note: Under subsection 67(2) the Registrar may give the marriage celebrant an extract of the complaint or material that accompanied the complaint rather than a complete copy.

(4) In deciding under paragraph (2)(d) whether or not it is appropriate to take disciplinary measures or other action, the Registrar may take into account any written information held by the Registrar in relation to the marriage celebrant. (5) If the Registrar determines that the marriage celebrant has not contravened, or committed an offence against, a provision of the Act, this instrument or the old regulations, the Registrar must, as soon as practicable after making the determination, give the complainant and the marriage celebrant written notice, signed and dated by the Registrar, of the determination and the reasons for it.