NSW Context

The Australian Government Attorney-General's Department provides information on the institution of marriage and the legal requirements involved. It is important to understand what steps to take in the lead up to getting married. Marriage is regulated by the Marriage Act 1961 .

The Department also administers the Marriage Celebrants Program through the Marriage Celebrants Section of the Civil Justice Division. Marriage Celebrants are also regulated by the Marriage Act 1961.

The Marriage and Marriage Celebrants Section is responsible for the administration of the Marriage Act 1961 through:

• the development of policy relating to the Marriage Act 1961,
• the administration of the Marriage Celebrants Program,
• advising celebrants and others involved in conducting marriages about the performance of their responsibilities, and
• responding to general inquiries from members of the public about matters concerning marriage (but is not able to provide legal advice to members of the public).

Registration as a marriage celebrant is not automatic.

Contact the The Registrar of Marriage Celebrants, Commonwealth Attorney-General's Department for more information. marriagecelebrantssection@ag.gov.au

Approved training

CHCMCEL401A - Plan, conduct and review a marriage ceremony from the CHC02 Community Services Training Package is the approved unit of competency required for authorisation as a marriage celebrant.

Fit and proper person test  

There will be an additional requirement to demonstrate to the Registrar of Marriage Celebrants that the 'fit and proper person' criteria set out in the Marriage Act 1961 have been met. 

Cap on new appointments

Section 39E of the Marriage Act 1961 requires that the Registrar of Marriage Celebrants not register a person if doing so would breach the cap on the number of registrations that can be made in a registration year.

The cap is 20 per cent of the total number of marriage celebrants registered by the Commonwealth. This is the maximum number that can be registered in each registration year. The registration year is 1 September -31 August each year. The cap will operate until 31 August 2008.

From 1 September 2008 any applicant who meets the mandatory training requirements and satisfies the Registrar of Marriage Celebrants that they meet the fit and proper person criteria set out in the Marriage Act 1961 will be able to be registered.

Once the cap is filled in each registration year a waiting list of those who have been found to be suitable for registration is commenced for each region. People are transferred to the waiting list strictly in the order in which their application has been processed (the Marriage Act requires that all applications be processed in the order in which they are received). At the commencement of each registration year enough people are registered from the waiting list to fill the cap for that region. Those remaining on the waiting list will move up the list.

Based on current projections, applicants currently being assessed as suitable can expect to be registered at the commencement of the registration year as shown below:

• New South Wales - Capital City Region (applicants can expect to be registered in the registration year commencing  Sept 2008)
• New South Wales - Rest of State Region (applicants can expect to be registered in the registration year commencing Sept 2008)