VPRS 15100 Court of Petty Sessions / Magistrates' Court Marriage Act 1961 - Applications made at Court House

The Commonwealth Marriage Act 1961 sets out the marriageable age and established conditions for the marriage of minors. It affirmed 18 the legal marriageable age but set out certain conditions and circumstances where people under the age of 18 could marry. Most applications were brought under Section 12 and Section 16 of the Act. Section 12 related to the authorisation of marriage of a person under the age of 18 years in exceptional circumstances. When applications were made under this section, a Judge or Magistrate in the State would then hold an inquiry to determine that the applicant was at least 16 years and that the circumstances of the case were so unusual and exceptional so as to justify making the order. The parents of the applicants would have to give their consent. Applications made under Section 16 related to consent where the applicants' parents refused consent. The Judge could make an order if he/she judged that the parents' consent was refused unreasonably.This was a handwritten register. There was no template or standard for completing 'fields' in the register. The details in the register appear to have been completed solely by the person hearing the case. The entries written in the register for some cases is limited, for example some entries documented only the names of people applying for permission and either granted or not granted recorded. Other entries had handwritten notes detailing evidence given or facts about the persons applying to marry. One case contains an appeal after the first application to marry was refused which also has the Judge's signature.