Note: There are  several arguments in this letter that are incorrect.

1. The RTOs did have input in both public consultations and 40% did agree that the Diploma was a more appropriate level. They supported a change from a Certificate of attainment for one VET unit of the Certificate IV in Marriage Celebrancy to a full Certificate IV in Celebrancy in the second review of the celebrancy qualification. The non-support of   RTOs of the Diploma level 
   
   
2. Whilst there was no RTO on the SMEG, there was a representative on the IRG.
   
   
3. Whether the qualification required by the Department was the full Certificate IV or part thereof is the decision of the regulator.
   
   The VET system requires that all common skills on designing, delivering and assessing a ceremony with its associated interpersonal, ethical, communication and other skills to be packaged as core units, and the speciality aspects for the different types of ceremonies as elective.
   
   In 2003, the Regulator determined only one unit of an 11 unit Certificate IV in Marriage Celebrancy, therefore the argument about not-supporting a full qualification is not relevants as it was withing the Regulator's power to make a part-qualification as the authorisation criteria.
   
   
4. This change, from a Certificate IV in Marriage Celebrancy to Certificate IV in Celebrancy was supported by the industry with the Department's approval, because since the 2003 changes self-employment as a full-time civil marriage celebrant became even more difficult than it was prior to 2003. For example in 1999, the average number of weddings per celebrant per year was 35. By 2012 when this review commenced the average number of weddings per celebrant per year had dropped to 7.

SMEG CoCA delegates.

Australian Government

Attorney-General's Department 

Access to Justice Division
3-5 National Circuit,
Barton ACT 2600
Telephone (02) 6141 6666
www.ag.gov.au
ABN 92 661 124 436

Reference: 13/1239

12rh March 2015

Ms Dorothy Rao
Manager - Training Packages
Community Services & Health Industry Skills Council 
Via email: This email address is being protected from spambots. You need JavaScript enabled to view it.

cc: Ms Liz Pforr , Vice Chair, Coalition of Celebrant Associations

cc: Ms Rona Goold, Training representative, Coalition of Celebrant Associations

Dear Ms Rao

Review of the Certificate IV in Celebrancy

I am writing about the view of the Attorney-General's Department on the possible upgrading of the current Certificate IV in Celebrancy to a Diploma in Celebrancy.

At the meeting of the Skills Council's Subject Matter Expert Group (SMEG) it was decided, based on a majority view of stakeholders at that meeting, namely the Coalitiop of Celebrant Associations (COCA) and the Funeral Celebrants Association Australia (FCAA), that the next public consultation onthe revised Ce1tificate IV in Celebrancy would be on the basis that the qualification is at Diploma level. We note there is no representation on the SMEG from registered training organisations (RTOs) who hold a different view.

The Attorney-General administers the Marriage Act 1961 and.the Marriage Regulations 1963. Completion of the Certificate IV in Celebrancy (or other) is currently a requirement under the Marriage Regulations for prospective marriage celebrants. Any upgrade of the qualification which renders the reference to the Certificate IV out-of-date would require the Marriage Regulations to be amended.

The view of the Attorney-General's Department is that the qualification should remain at the Certificate IV level. This is because there is no clear justification for upgrading the qualification and any increase to regulatory requirements through imposition of a higher level qualific;ation will impose a higher regulatory burden on individuals and potentially be inconsistent with the Government's deregulation agenda.

The Skills Council has advised that the qualification could be aligned to either a Certificate IV or a Diploma. The case for a Diploma is based on celebrants operating an independent practice, with creative and legal elements. Whilst the Department recognises that the qualification is designed to cover all forms of celebrancy practice, anecdotally the majority, if not all, graduates of the Certificate IV in Celebrancy undertake the qualificationin order to seek registration as a marriage celebrant. Marriage celebrancy practice is supported by an established framework, considerable guidance is provided through ongoing professional development and the Depmtment's guidelines and enquiries service, so celebrants have a high level of support. The case for a Certificate IV is that this is consistent with the small or micro business qualification (Certificate IV and Certificate III respectively), and this is more consistent with celebrants' business operations.

The Department's primary interest in the qualification is that marriage celebrants understand and meet their ongoing obligations and conduct legal weddings. We consider that the existing units in the Certificate IV serve this purpose, and the current review will enhance the current course content.

A move to a higher level of qualification is very unlikely to meet any test for increased regulation. A regulatory impact assessment would be required, and in accordance with the government's deregulation agenda, for any increase in regulation, a demonstrated regulatory saving must be found to offset the increase. The Diploma level qualification would impose an additional regulatory burden on marriage celebrants by requiring them to complete a more lengthy and expensive qualification. There would also be an additional burden on RTOs which would need to rewrite and expand their courses.

We appreciate the opportunity to provide input into the content of the consolidated marriage units of competency and will continue to ensure these are accurate and relevant to the obligations of marriage celebrants.

We strongly request that you do not conduct your public consultation on the basis that the qualification will be at a Diploma level as this will raise expectations. However, should you proceed to do that, we ask that the information attached is included prominently in the consultation materials.

The action officer for this matter is Sarah Teasey who can be contacted on 02 6141 3188. Yours sincerely

Kelly Williams

Assistant Secretary

Marriage and Intercountry Adoption Branch

Review of the Certificate IV in Celebrancy qualification

Encl. Information for public consultation

2 of2

Information for public consultation

This public consultation being conducted by the CommunityServices and Health Industry Skills Council proposes that the current Certificate IV in Celebrancy should be upgraded to a Diploma in Celebrancy.

Completion of the Certificate IV in Celebrancy (or other) is cunently a requirement under the Marriage Regulations 1963 for prospective maniage celebrants. The Attorney-General administers the Marriage Act 1961 and the Maniage Regulations. The Attorney-General' s Department considers that the qualification should remain at the Certificate IV level because:

1. There is no clear justificat ion that the qualification should be upgraded. The Skills Council advises that the qualification could be aligned equally to either the Certificate IV or the Diploma.

2. The Department does not consider that an increase in the educational requirements for prospective marriage celebrants is wan-anted . The cmTent Certificate IV equips celebrants to understand and meet their obligations and conduct legal maniages.

3. Any increase to regulatory requirements through imposition of a higher level qualification will impose a higher regulatory burden on individuals and potentially be inconsistent with the Government's deregulation agenda.

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