Marriage Celebrants
SECTION 1

Subdivision C
10,500 celebrants

Subdivision A Religious
23,500 celebrants

Historically

Ministry is recognized as one of the 3 original professions along with the Law and Medicine.

Post colonisation

Established of State Registries of Births, Deaths and Marriages – over 150 years – civil service as a government public service or ‘profession’

1961

Commonwealth Marriage Act created by Sir Garfield Barwick.

Relevant Section of the Act

Part IV Division 1
- Subdivision C Commonwealth

Part IV Division 1
- Subdivision A Religious
- Subdivision B State & Territory Officers

1973

Originally a community service model (life time appointment criteria similar to State appointments)

Government set numbers and fees

Retained Professional Model of Celebrancy for Recognised Religious & State/ Territory Officers

1993

Evolving profession. Celebrants  set own fees

1997 - 2002

Consultation and review of Marriage Commonwealth Celebrant Program 

Marriage Act Changes 2003

Introduced “professional” Model  by Libs/Nat with Labor support –  
Flawed as Entry criteria set as government set ONLY One VET(TAFE) Unit (against associations advice of 11 unit course)

Retained Professional Model of Celebrancy for Recognised Religious & State/ Territory Officers

Why the 2003 changes?

Program was a success - 6000 inquiries pa from people wanting to be celebrant.
Erroneous public perception all marriage celebrants made ‘heaps of money’.
Unfair appointment on “first in – first appointed” not Competence for the work.
Complaints about a minority: No way of removing poorly performing celebrants.

How changes Regulated

Numbers

Changed from Government (State) regulated numbers to Open Market forces only. 
NB Unlimited numbers is a flawed model for ‘once (or twice) in a life time’ services

Government (State) regulated numbers of BDM officers. Churches regulated numbers of Recognised Religious Celebrants.
NB number of celebrants are regulated by the State Registrar and by the state/ territory or church body.

And Quality

Mandated Training, 5 hours pa Cont. Professional Ed. Plan >Self Governance

None applied

2003 Changes to be Reviewed in 2008

Promised but not delivered

Never reviewed

Marriage Celebrants
SECTION 2

Subdivision C
10,500 celebrants

Subdivision A Religious
23,500 celebrants

In 2002 – Approx no of celebrants

1400 civil celebrants
1400 independent religious

NA

Av. No weddings per celebrant  in 1999

35 per year

NA

Average pa 
INCOME 1999

@$500 per wedding for comparison to today’s figures
$17,500 GROSS Annual INCOME

Not relevant as celebrants paid by church organization or
salary from BMD
Guaranteed income

No of Weddings pa

In 1999 114,000 approx      In 2008 118,756

In 2011 121,752

% Performed by Civil Marriage Celebrants

60% by Commonwealth Celebrants

( NB 35% were conducted by ministers of religion 5% Registries of BDMS)

– Approx no of celebrants

8500 civil celebrants
1500 independent religious

23,500 recognised religious

500 state/ territory officers

Av. No weddings per celebrant  2011

7 per year

1.3 per year

Average pa
INCOME 2011

@$500 per wedding for comparison to today’s figures
$3,500 GROSS Annual INCOME

Not relevant as celebrants paid by church organization or salary from BMD
Guaranteed income

Relevant Section of the Act
SECTION 3

Part IV, Division 1, Subdivision C
Independent Civil & Religious

Part IV, Division 1, Subdivision A Religious 

Registering Authority

p39A. a position occupied (on an acting, permanent, full-time or part-time basis) by an APS employee in the Department,

p27. Registrar of Ministers of Religion, and a Deputy appointed by the Minister.

p39A. (3) The Registrar of Marriage Celebrants is to perform those functions and has power to do all things necessary or convenient to be done for or in connection with the performance of those functions.

(Protection of Registrar)

39L Registrar not liable to an action or other proceeding for damages in respect of anything done, or omitted to be done, in good faith in:

Qualifications to be appointed as a marriage celebrant

YES
p39C(1) A person is only entitled to be registered as a marriage celebrant if

NONE – though the religious or government body would normally have pre-appointment knowledge and skills/ or qualifications requirements but not guaranteed

General Knowledge & Skill to be a celebrant

YES  p39C(1) (b) has all the qualifications, and/or skills, determined in writing to be necessary by the Registrar   

NO  qualifications required by the Act.

– Knowledge

39C (2) (a) whether the person has sufficient knowledge of the law relating to the solemnisation of marriages by marriage celebrants; and

NONE

– Age

P39C(1) (a) is aged 18 years or over;

p29d. the person has attained the age of 21 years.

- Residency

p29c. the person is ordinarily resident in Australia;

– Fit and Proper person

p39C(1) (c) is a fit and proper person to be a marriage celebrant.

p29a. ASSUMES All ministers of religion of a recognised denomination are “Fit & Proper persons

Relevant Section of the Act
SECTION 3 cont.

Part IV, Division 1, Subdivision C
Independent Civil & Religious

Part IV, Division 1, Subdivision A Religious 

(2) In determining (this)  the Registrar must take into account whether the person:
(no specific right to refuse)

BUT

p31 (1) A Registrar to whom an application for registration under this Subdivision is made may refuse to register the applicant if, in the opinion of the Registrar
p31 (1)  (b) the applicant is not a fit and proper person to solemnise marriages

(b) is committed to advising couples relationship support services

ASSUMED

(c) is of good standing in the community;

ASSUMED

(d) has been convicted of an offence, etc

ASSUMED

(e) has an actual or potential conflict of interest between his or her practice, or proposed practice, …. and his or her business interests or other interests; and

More than ASSUMED. Would be a contradiction if a religious celebrant were also wedding planner, florist, sex-worker, hire car driver, a reception function owner,

(f)  would be likely to result in the person gaining a benefit in respect of another business that the person owns, controls or carries out; and

More than ASSUMED. Would be a contradiction if a religious celebrant were also wedding planner, florist, sex-worker, hire car driver, a reception function owner,

(g) whether the person will fulfil the obligations under section 39G; and
(h) any other matter the Registrar considers relevant to whether the person is a fit and proper person to be a marriage celebrant.

Applicant may be refused registration in certain circumstances

NO

p31 (1) A Registrar to whom an application for registration under this Subdivision is made may refuse to register the applicant if, in the opinion of the Registrar:

Number of celebrants related to level of need

NO CONTROLS since 2008

Section 39E provided for capping period after the change to the system of appointment 

CONTROLLED
(a) there are already registered under this Subdivision sufficient ministers of religion of the denomination to which the applicant belongs to meet the needs of the denomination in the locality in which the applicant resides

Professionalism?

NO – requirement to be part-time or full time civil celebrant equivalent to religious celebrant 

(c) the applicant is unlikely to devote a substantial part of his or her time to the performance of functions generally performed by a minister of religion.

Marriage Celebrants

SECTION 4

Subdivision C

Subdivision A Religious
 

Obligations of each marriage celebrant

39G A marriage celebrant must:

(a) conduct himself or herself in accordance with the Code of Practice for marriage celebrants prescribed by regulations made for the purposes of this paragraph; and

Not specifically noted, though  IMPLIED from the Requirements for Registration above.
NO Code of Practice applies to State registered marriage celebrants

(b) undertake all professional development activities required by the Registrar of Marriage Celebrants in accordance with regulations made for the purposes of this paragraph; and

NONE required by the Act

ASSUMED

(c) notify the Registrar, in writing, within 30 days of:

  (i) a change that results in the details entered in the register in relation to the person no longer being correct; or

NONE required by the Act

ASSUMED

  (ii) the occurrence of an event that might have caused the Registrar not to register the person as a marriage celebrant if the event had occurred before the person was registered.

Note:   If a marriage celebrant fails to comply with these obligations, the Registrar may take disciplinary measures under section 39I.

Can be dealt with under Removal from the Register – See p33 (1)

ASSUMED

Regular Performance reviews

p39H (1) The Registrar of Marriage Celebrants must regularly review
- Compulsory OPD requirements
- Complaints
- Meet reporting obligations

 None equivalent

NOT required of State celebrants
- Compulsory OPD requirements
- Complaints
- Meet reporting obligations

- NOT paying an annual fee

(2) The first review must be completed within 5 years of the marriage celebrant being registered … must be completed within 5 years of the previous review and must cover the period since the previous review.

(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 a marriage celebrant’s performance in respect of a period was not satisfactory unless:

(a) … given the marriage celebrant a written notice:

(i)  ( statement of ) determination ….  (which must be at least 21 days after the date on which the notice was given(ii)   the marriage celebrant (is informed) 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.

Marriage Celebrants
SECTION 5

Subdivision C

Subdivision A Religious
 

Disciplinary measures

39 I (1) The Registrar of Marriage Celebrants may only take disciplinary measures against a marriage celebrant if the Registrar:

(a) is satisfied that the marriage celebrant is no longer entitled to be registered as a marriage celebrant; or

Covered under part 33 Removal from the Register

(b) is satisfied that the marriage celebrant has not complied with an obligation under section 39G; or

 None applicable

(c) has determined in writing under section 39H that the marriage celebrant’s performance in respect of a period was not satisfactory; or

None applicable

(d) is satisfied that it is appropriate to take disciplinary measures against the marriage celebrant after considering a complaint in accordance with the complaints resolution procedures established under paragraph 39K(c);

None applicable

or  (e) is satisfied that the marriage celebrant’s application for registration was known by the marriage celebrant to be false or misleading in a material particular.

Covered under part 33 Removal from the Register

P39I (b) the Registrar has considered any representations made by the marriage celebrant before the date specified in the notice; and

(2) The only disciplinary measures that the Registrar may take against a marriage celebrant are to:

(a) caution the marriage celebrant in writing; or

(b) ……  require the marriage celebrant to undertake professional development activities determined in writing by the Registrar;

(c) suspend the celebrant’s registration for a period ( suspension period) of up to 6 months
Note: a decision to suspend or deregister a marriage celebrant, is reviewable under section 39J.

(3) if suspended ..  particular period, section 39F does not apply in respect of the marriage celebrant during the period.

(4) If the Registrar decides to take disciplinary measures against a marriage celebrant, the Registrar:

(a) must give the marriage celebrant written notice of:
(i) the decision; and

(ii) the reasons for it; and
(iii) the disciplinary measure that is being taken; and (iv) the marriage celebrants right under 39J to apply for review of the decision; and (b) may inform the community, in any way the Registrar thinks  appropriate, including by electronic means, that the disciplinary measure is being taken against the marriage celebrant.

Marriage Celebrants
SECTION 6

Subdivision C

Subdivision A Religious
 

Removal from register

39 I (1)  (d) deregister the marriage celebrant by removing his or her details from the register of marriage celebrants.

p33 (1) Subject to this section, a Registrar shall remove the name of a person from the register kept by that Registrar if he or she is satisfied that:

(a) That person has requested that his or her name be so removed;

(b) that person has died;

(c) the denomination by which that person was nominated for registration, or in respect of which that person is registered, no longer desires that that person be registered under this Subdivision or has ceased to be a recognised denomination;

(d) that person:

(i) has been guilty of such contraventions of this Act or the regulations as to show him or her not to be a fit and proper person to be registered under this Subdivision;

(ii) has been making a business of solemnising marriages for the purpose of profit or gain; or
(iii) is not a fit and proper person to solemnise marriages; or

(e) that person is, for any other reason, not entitled to registration under this Subdivision.

(2) A Registrar shall not remove the name of a person from a register under this section on a ground specified in paragraph (1) (d) or (e) unless: ETC

Review of decisions

39J (1) An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Registrar of Marriage Celebrants:

(a) not to register a person as a marriage celebrant (unless a ground for the decision was that the Registrar would breach section 39E by registering the person); or

34 (1) An application may be made to the Administrative Appeals Tribunal for a review of a decision of a Registrar made on or after 1 July 1976:

(a) refusing to register a person who has applied for registration under this Subdivision; or (b) removing the name of a person from a register in pursuance of section 33.

(b) to suspend a person’s registration as a marriage celebrant; or
(c) to deregister a marriage celebrant.
(2)    For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Appeals Tribunal Act 1975 in relation to such an application, if: ETC

(3) The reference in subsection (1) to a decision of a Registrar includes a reference to a decision of a Deputy Registrar of Ministers of Religion given in pursuance of subsection 27(2).

(4) Where the Tribunal sets aside a decision refusing to register a person or a decision under section 33 removing the name of a person from a register, the ETC 

Marriage Celebrants SECTION 7

Subdivision C

Subdivision A Religious
 

Additional functions of the Registrar

39K The Registrar of Marriage Celebrants must:

(a) amend the register of marriage celebrants in accordance with regulations made for the purposes of this paragraph; and (b) keep records relating to marriage celebrants, and the register

of marriage celebrants, in accordance with regulations made for the purposes of this paragraph; and

(c) establish complaints resolution procedures, in accordance with regulations made for the purposes of this paragraph, to resolve complaints about the solemnisation of marriages by marriage celebrants; and

(d) perform any additional functions specified in regulations made for the purposes of this paragraph.

No formal complaints process.

Evidence of registration etc.

39M A certificate, signed by the Registrar of Marriage Celebrants, stating that, at a specified time, or during a specified period:

(a) a person was registered as a marriage celebrant; or (b) ??? nt was

suspended; or (c) a person was not registered as a marriage celebrant;

is prima facie evidence of that fact.