Mis-information about Celebrant Appointments and its relationship to ongoing or temporary status).

Denial of the ongoing 'lifetime' appointments / authorisation of Sub-division C celebrants.

There appears to be an attempt by some  celebrants to re-write history. For Commonwealth Marriage Celebrants, before 2003 there was no Registrar of Marriage Celebrants for Sub-Division C celebrants and so the term "registered" was not used.

Prior to 2003, Section 39 of the Marriage Act 1961 read as follows:
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(1.) a person who, under the law of the State or Territory,has the function of registering marriages solemnised in the State or Territory may solemnise marriages in that State or Territory, or in that part of the state or territory, as the case may be.

(2.) The Attorney-General may, by instrument in writing, authorise other officers of the State or Territory or other suitable persons to solemnise marriages.

EXPLANATORY MEMORANDUM for the MARRIAGE AMENDMENT BILL 2002 - which brought in a changed basis for the appointment of marriage celebrants shows the Attorney-General Daryl Williams as clearly stating

• "appointments remain on a lifetime basis, subject to regular reviews of performance;"

READ ONLINE
OR
DOWNLOAD PDF - MARRIAGE-AMENDMENT-BILL -2002- Memorandum

This clearly applies to ALL CURRENT Commonwealth Marriage Celebrants as having 'lifetime appointments', i.e. those appointed since 2003 and before.

The Marriage Amendment Bills that were before Parliament would have effectively changed this to create insecurity for both celebrants and the marrying public.

The Handbook for Marriage Celebrants also makes the position very plain for Commonwealth Marriage Celebrants that they were appointed, even though the letters of appointment use the term "authorise". Below is the wording of several Letters of Appointment and Letters of Registration.

Registration was not a term used before 2003 for Sub-division C celebrants, as there was no Registrar of Marriage Celebrants to make such registrations.

None of these letters to celebrants include a time limit on, or period for, appointment or registration as a Marriage Celebrant.

Before 2003, other than continuing to be a "Fit & Proper" person there were no other criteria for continued appointment. From 2003, Commonwealth Marriage Celebrants in addition to continue being ""Fit & Proper Persons" were required to complete 5 hours of Ongoing Professional Development and to ensure their contact details were current.

The Marriage Amendment Bills would make appointment or registration as a Marriage Celebrant contingent upon the payment of an annual fee, thereby significantly changing the contractual rights of Commonwealth Marriage Celebrants.

The Bills have not addressed this issue. It would of course be a different matter, if these new requirements were to apply to only new Marriage Celebrants appointed after new conditions were introduced.

But given that it takes a considerable period of time to establish oneself as a marriage celebrant, and many years before costs can be recouped and an hourly rate made, the underlying assumptions about these Bills needs to be challenged by all celebrants.

This Handbook for Marriage Celebrants, authored and published by the Attorney-General's Department from the Australian Government Printer (1963) Page 5 which was still being printed in 1989*, says

“OTHER FIT AND PROPER PERSONS'

The Attorney-General may authorize other fit and proper persons to solemnize marriages. ¹⁸ The Attorney-General has used this power to appoint ministers of religion who are not members of recognized denominations, and also a number of civil celebrants. The names of all persons who have been authorized are published each year in the Australian Government Gazette with the names of other authorized celebrants. The names of all persons who have been so authorised are published each year in the Australian Government Gazette with the names of the other authorised celebrants. ¹⁹ It should be noted that, as is the case with registered ministers of religion, a minister not belonging to a recognised denomination may solemnise marriages anywhere in Australia, and is not obliged to solemnize any particular marriage" ^#

* Anyone with a Handbook with this paragraph later than a reprint date of 1989 is asked to contact CoCA.

Letters of Appointment 1978

I,   Peter Drew Durack, Attorney General of the Commonwealth of Australia, pursuant to sub-section (2) of the Marriage Act 1961, HEREBY AUTHORISE XXX of XXXX St XX State to solemnise marriages at any place in Australia AND I exempt him from compliance with sub-secction (1) of section 46 of that Act.

DATED this  X day of XX 1978

Signature

Attorney General

Letters of Appointment 1995

I, Coleen Clare, the person for the time being performing the duties of Assistant Secretary, Family and Community Services Branch, Legal Aid and Family Services, Attorney-General’s Department (position Number 262), and a delegate of the Attorney-General under sub-section 17(2) of the Law Officers Act 1964:

a)      Under sub-section 39(2) of the Marriage Act 1961, authorise xxxxx  of xxx in the State of NSW to solemnise marriages at any place in Australia; and

b)      Under sub-section 46(1) of the Marriage Act 1961, exempt him from compliance with sub-section 46(1) of that Act.

Dated, and Signed.

For those who are unfamiliar with the Sections of the Act, Sec 46(1) refers to the Authorisation (Monitum) which must now be stated in every ceremony. 

When celebrants were  ‘authorised’ at this time, they were exempted from having to state the Authorisation.  That exemption has since been revoked, although not specifically in letters addressed to these celebrants.

Letters of Appointment  January 2010

To

REGISTRATION AS A MARRIAGE CELEBRANT

(Registration No A XXXXX )

I, Deborah Nance, Registrar of Marriage Celebrants, having received your application dated XX October 2009 under section 39D of the Marriage Act 1961 for registration as a marriage celebrant, notify you as follows:

I am satisfied. on the basis of the information in your application, that you are entitled to be registration as a marriage celebrant.

You have been registered as a marriage celebrant with effect on and from 13 January 2010.

XXX

On behalf of
Deborah Nance
Registrar of Marriage Celebrant

The Attorney-General Department's own Regulation Impact Statement used the words "authorised" in relation to all categories of celebrants.

So too does the Marriage Act - See  Definitions.

"authorised celebrant means: (a) a minister of religion registered under Subdivision A of Division 1 of Part IV; or (b) a person authorised to solemnise marriages by virtue of Subdivision B of Division 1 of Part IV; or c) a marriage celebrant."