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Marriage Amendments (Definition and Religious Freedoms) Act 2017

Marriage Amendments (Definition and Religious Freedoms) Act 2017 is the name of the legislation that gives effect to the same sex marriage arrangements in Australia.

The marriage equality changes to legislation in Australia regarding same sex marriage came into effect on the 8th December 2017.

The ACT has made changes that Family Dispute Resolution Practitioners and NMAS Mediators who are working with couples and families have to be aware of.

Rather than being a new piece of legislation it basically changes definitions of marriage and related meanings in a number of pieces of legislation which are listed below. The major changes are to the Marriage Act 1961.

Marriage Act 1961

The legislation makes changes to the Marriage Act 1961 in the objectives of the ACT. It now reads.

2A  Objects of this Act

It is an object of this Act [Marriage Act 1961] to create a legal framework:

(a)  to allow civil celebrants to solemnise marriage, understood as the union of 2 people to the exclusion of all others, voluntarily entered into for life; and

(b)  to allow ministers of religion to solemnise marriage, respecting the doctrines, tenets and beliefs of their religion, the views of their religious community or their own religious beliefs; and

(c)  to allow equal access to marriage while protecting religious freedom in relation to marriage.

The have very neatly changed the definition to avoid any ambiguity.

3  Subsection 5(1) (definition of marriage)

Omit “a man and a woman”, substitute “2 people”.

23 Grounds on which marriages are void

Now instead of not being able to marry your brother or sister [Paragraph 21 (2) (b)] or any decedent or ancestor including an adopted parent or child you can’t marry a blood related sibling, ancestor or descendant.

Subdivision D – Religious Marriage Celebrants

A new subdivision of the Act now allows marriage celebrants to register are Religious Marriage Celebrants to allow them to decline to marry people who’s relationship is not condoned by their particular faith.

Read 39DA to 39DE if this is of interest to you.

47  Ministers of religion may refuse to solemnise marriages

Section 47 sets out the terms that relate to Ministers of Religion [47] and Religious Marriage Celebrants [47a] may refuse to solemnise a marriage based on religious beliefs. 

Refusing to solemnise a marriage on the basis of religious beliefs etc.

(3)  A minister of religion may refuse to solemnise a marriage despite anything in this Part, if any of the following applies:

(a)  the refusal conforms to the doctrines, tenets or beliefs of the religion of the minister’s religious body or religious organisation;

 (b)  the refusal is necessary to avoid injury to the religious susceptibilities of adherents of that religion;

(c)  the minister’s religious beliefs do not allow the minister to solemnise the marriage.

Grounds for refusal not limited by this section

(4)  This section does not limit the grounds on which a minister of religion may refuse to solemnise a marriage.

47A  Religious marriage celebrants may refuse to solemnise marriages

(1)  A religious marriage celebrant may refuse to solemnise a marriage despite anything in this Part, if the celebrant’s religious beliefs do not allow the celebrant to solemnise the marriage.

Grounds for refusal not limited by this section

(2)  This section does not limit the grounds on which a religious marriage celebrant may refuse to solemnise a marriage.

47B  Bodies established for religious purposes may refuse to make facilities available or provide goods or services

(1)  A body established for religious purposes may refuse to make a facility available, or to provide goods or services, for the purposes of the solemnisation of a marriage, or for purposes reasonably incidental to the solemnisation of a marriage, if the refusal:

(a)  conforms to the doctrines, tenets or beliefs of the religion of the body; or

(b)  is necessary to avoid injury to the religious susceptibilities of adherents of that religion.

(2)  Subsection (1) applies to facilities made available, and goods and services provided, whether for payment or not.

(3)  This section does not limit the grounds on which a body established for religious purposes may refuse to make a facility available, or to provide goods or services, for the purposes of the solemnisation of a marriage, or for purposes reasonably incidental to the solemnisation of a marriage.

(4)  To avoid doubt, a reference to a body established for religious purposes has the same meaning in this section as it has in section 37 of the Sex Discrimination Act 1984.

(5)  For the purposes of subsection (1), a purpose is reasonably incidental to the solemnisation of marriage if it is intrinsic to, or directly associated with, the solemnisation of the marriage.

Family Law Act 1975 amendments

The Family Law Act 1975 has various amendments to the language changing

  • “a man and a woman” to “2 people”
  • “the husband or the wife” to “a party to the marriage”
  • “the husband and the wife” to “both parties to the marriage”
  • “husband or wife” to “husband, wife, spouse”

Western Australia

The legislation and recognition of same sex marriages means that separating couples in WA who were previously regarded as de facto may now be regarded as married if they had married overseas in a jurisdiction allowing marriage equality.

This may impact entitlements with regards to financial settlements, especially in terms of Superannuation.

Legislation that has changes to the definition of spouses and potentially other amendments.

  • Marriage Act 1961
  • Sex Discrimination Act 1984
  • Acts Interpretation Act 1901
  • Defence Force Discipline Appeals Act 1955
  • Defence (Visiting Forces) Act 1963
  • Australian Defence Force Cover Act 2015
  • Defence Force Retirement and Death Benefits Act 1973
  • Evidence Act 1995
  • Family Law Act 1975
  • Financial Transaction Reports Act 1988
  • Maintenance Orders (Commonwealth Officers) Act 1966
  • Safety, Rehabilitation and Compensation Act 1988
  • Federal Circuit Court of Australia Act 1999
  • Governor‑General Act 1974
  • Judges’ Pensions Act 1968
  • Parliamentary Contributory Superannuation Act 1948
  • Superannuation Act 1976
  • Migration Act 1958
  • Military Rehabilitation and Compensation Act 2004
  • Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988
  • Family Court Act 1997 (WA)

Recommendations for Members

We recommend that you review the following documents to ensure that the language is inclusive and in line with legislation regarding marriage equality.

  • Client Intake Forms
  • Client Information documents
  • Agreement to Mediate (FDR)
  • Parenting Plan tools and templates
  • Property settlement tools and templates
  • Marketing Material

 

Casual Conciliator Roles Melbourne (Department of Justice and Regulation)

Conciliators

This job was advertised on https://jobs.careers.vic.gov.au/jobs/VG-CONCIL

Position Details

Be a part of a new and dynamic business unit and play a key role in Conciliation

$49.66 per hour plus superannuation

Multiple opportunities exist for a Conciliators on a casual basis within the Domestic Building Dispute Resolution Victoria (DBDRV).

Functions of the DBDRV include assessment of referrals, technical building assessments, conciliation of disputes, Records of Agreement and Dispute Resolution Orders and compliance investigations.

Reporting to either the Conciliation Manager or the Client Services Manager, the Conciliator panel member will work in conjunction with DBDRV counterparts to facilitate dispute resolution under the Act.

Based on theoretical knowledge and practical expertise this role will undertake an assessment and analysis of disputes and diagnose dispute resolution requirements.  This role will also be required to provide specialist advice on rights and obligations to parties of a dispute.

As our ideal candidate, you will be required to demonstrate:

  • Ideally a working knowledge of relevant legislation and Acts including but not limited to the Building Legislation Amendment (Consumer Protection) Bill 2015;
  • National Mediator Accreditation and conciliation experience is desirable;
  • Demonstrated ability to provide expert advice
  • Experience in dispute resolution techniques, including in the assessment of disputes, case management, and facilitative settlement.

For more information on the accountabilities and key selection criteria for the role please refer to the position description attached.

How to apply

Please click the Apply button at the bottom of this advertisement. Applications should include a resume and covering letter. Attachments can be uploaded in .doc, .docx, .pdf, .txt or .rtf formats.

Please note: When submitting your application online, there will be questions pertaining to a number of the position’s Key Selection Criteria to which you are required to respond.

About the Department

The Department of Justice and Regulation delivers high quality services to Victorians and supports a safe, just, innovative and thriving Victoria.

We provide professional, value for money services that are driven by our values: working together, making it happen, respecting other people, serving the community and acting with integrity.

Through our commitment to diversity and equality, we are actively engaged in promoting and maintaining a safe and inclusive work environment where all employees are respected, valued and supported.

Our employees are key to our success, and bring new and creative responses to issues and challenges we face in our work and the delivery of quality services to the Victorian community. We proactively seek to employ people of any gender, age, religion, sexual orientation, with a disability, and varied cultural backgrounds. In addition, we have a firm commitment to increase participation of Aboriginal and/or Torres Strait Islander people across our workforce.

If a career that can give you the opportunity to contribute to a safe and just Victoria appeals to you, we look forward to receiving your application.

Dispute Resolution Officer – applications closing 5.2.17

Job Overview

Dispute Resolution Officer

The Department of Justice and Regulation delivers high quality services to Victorians and supports a safe, just, innovative and thriving Victoria.

We provide professional, value for money services that are driven by our values: working together, making it happen, respecting other people, serving the community and acting with integrity.

Through our commitment to diversity and equality, we are actively engaged in promoting and maintaining a safe and inclusive work environment where all employees are respected, valued and supported.

Our employees are key to our success, and bring new and creative responses to issues and challenges we face in our work and the delivery of quality services to the Victorian community. We proactively seek to employ people of any gender, age, religion, sexual orientation, with a disability, and varied cultural backgrounds. In addition, we have a firm commitment to increase participation of Aboriginal and/or Torres Strait Islander people across our workforce.

Working flexibly is considered business as usual at the Department of Justice and Regulation. All requests for flexible working arrangements will be considered in line with operational requirements.

If you require a copy of this advertisement or any attached documentation in an accessible format, such as large print, please email recruitment@justice.vic.gov.au

If a career that can give you the opportunity to contribute to a safe and just Victoria appeals to you, we look forward to receiving your application.

Job Details
Careers Logo
Department: Department of Justice and Regulation
Work Type: Other
Job Function: Trades and Services
Classification: VPSG4
Work Location: Melbourne – CBD
Reference: VG/DJ9870
Closing Date: 05-Feb-2017
Salary Range: $78,773 – $89,375
Job Duration: up to two years
Attachments: DJ9870 – Dispute Resolution Officer – PD – Nov 16.doc (Word, 858KB)

Applying for a position at DJR.PDF (PDF, 160KB)

Legal Manager – Alternative Dispute Resolution ACT

We share this job as part of our effort to help potential students to understand the jobs market for qualified dispute resolution professionals.

Legal Manager, Alternate Dispute Resolution | Full-time Permanent

Classification: Legal 2
Salary: $131,229 – $136,623
Position No: 37052
Directorate: Justice and Community Safety
Advertised: 02 August 2016
Closes: 16 August 2016
Contact:Philip Kellow on philip.kellow@act.gov.au or (02) 6207 1054

Details: The ACT Law Courts and Tribunal is seeking an experienced Lawyer and Alternate Dispute Resolution (ADR) practitioner for the role of Legal Manager within the ADR section of the ACT Magistrates Court. The successful applicant will be required to mediate complex civil litigation and workers compensation matters, triage and direct civil matters to the appropriate ADR forum and undertake ADR services in other areas of the court. The successful applicant will also manage and lead a team of ADR practitioners and provide advice to the Chief Magistrate and Magistrates Court Registrar on ADR practice and procedure. For information on the ACT Law Courts and Tribunal please visit:  www.courts.act.gov.au.
Eligibility/Other Requirements: Applicants for this role must have a minimum five years experience in Law and possess current accreditation under the National Mediation Accreditation System.


Job categories:

Legal
Senior Management and Executive

DR Panel Position Brisbane

Administrative Appeals Tribunal – Dispute Resolution Panel Position (Brisbane)

The Administrative Appeals Tribunal in Brisbane is establishing a casual panel for Early Case Assessment for the newly integrated Merit Reviews Tribunal.

Dispute Resolution specialists with experience in pilot projects, case management and strategy are encouraged to apply.

For more information, go to http://www.aat.gov.au/about-the-aat/tenders.

Applications close on Sunday 31 July.

FDR Jobs in Victoria

We draw your attention to several FDRP positions currently being advertised by FMC Mediation & Counselling Victoria.

You will have to be quick if you are interested in the Child Counsellor position, located in Ringwood, as applications close on Monday 4 July 2016.

A part-time (four days a week) Community Development Officer is being sought, located in Traralgon. Applications for this vacancy close on Monday 18 July 2016.

Finally, two part-time FDRPs are being sought, one located in Narre Warren and the other in Moorabbin. Applications for these positions close on Monday 18 July 2016.

For position descriptions, selection criteria, and information about submitting an application, go to http://www.mediation.com.au/employment-opportunities/.

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