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COMMONWEALTHAct
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s 39H

Performance reviews

In force
Part IVSolemnisation of marriages in Australia
Division 1Authorised celebrants
Subdivision EGeneral provisions relating to all marriage celebrants

39H Performance reviews

(1)

The Registrar of Marriage Celebrants may, from time to time, review the performance of a marriage celebrant in respect of a period to determine whether the Registrar considers that the celebrant’s performance in the period is satisfactory.

Note:

The period to which a review relates is at the discretion of the Registrar.

(3)

In reviewing the performance of a marriage celebrant, the Registrar:

(a)

must consider the matters prescribed by regulations made for the purposes of this paragraph; and

(b)

may have regard to any information in his or her possession, but is not required to seek any further information.

(4)

The Registrar must not determine that a marriage celebrant’s performance in respect of a period was not satisfactory unless:

(a)

the Registrar has given the marriage celebrant a written notice:

(i)

stating the Registrar’s intention to make the determination unless, before the date specified in the notice (which must be at least 21 days after the date on which the notice was given), the marriage celebrant satisfies the Registrar that the marriage celebrant’s performance in respect of the period was satisfactory; and

(ii)

informing the marriage celebrant that any representations made to the Registrar before that date will be considered by the Registrar; and

(b)

the Registrar has considered any representations made by the marriage celebrant before the date specified in the notice; and

(c)

the determination is made in writing within 14 days after the date specified in the notice.

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