The Expert Panel on Religious FreedomC/O Department of the Prime Minister and CabinetPO Box 6500Canberra ACT 2600Australia Email: This email address is being protected from spambots. You need JavaScript enabled to view it. February 2018Dear Expert Panel Thank you so much for the opportunity to provide some comments and recommendations in relation to this review.Terms of reference of The Expert Panel on Religious Freedom: Consider the intersections between the enjoyment of the freedom of religion  and other human rights. Have regard to any previous or ongoing reviews or inquiries that it considers relevant. Consult as widely as it considers necessary This submission is made on behalf of the Coalition of Celebrant Association (CoCA) Incorporated,…

In this submission, CoCA is commenting in relation to the Marriage Act 1961, particularly as it was recent changes to the Marriage Act that prompted the need to examine the “intersections between the enjoyment of the freedom of religion and other human rights” in relation to the changes in the definition of marriage to enable same sex couples to marry. CoCA took a neutral position as regards Marriage Equality 1, considering this to be the responsibility of Australia’s parliamentary system to resolve. The rationale  for the creation of Subdivision D (i.e. Commonwealth regulated independent religious marriage celebrants) as distinct from…

Issue – Ensuring equality under law for the marrying public - all marriage ceremonies, whether religious or civil, to have same basic requirements. Recommendation 1:That there be a review of, and amendments to, the Marriage Act to ensure the same basic requirements for all marriage ceremonies, whether conducted by civil or religious marriage celebrants. Recommendation 2:That amendments be made to section 45 of the Marriage Act to ensure that all couples give their consent during the ceremony in the presence of the celebrant and the witnesses.Recommendation 3:That amendments to Section 46(1) be made to ensure that all authorized celebrants use…

CoCA’s position with respect to “the freedom of religion and other human rights”:There are different types of “marriage celebrants’ in the Marriage Act1961. These are as follows:Division 1 Authorised Marriage Celebrants.        This division is divided into 4 subdivisions         1. Subdivision A Ministers of Recognised Religions         2. Subdivision B State Officers  (Civil)        3. Subdivision C Marriage Celebrants (Civil)         4. Subdivision D Religious Marriage CelebrantsDivision 2 Marriages by foreign diplomatic or consular officers.Division 3 Marriages of members of the Defence Force Overseas          Chaplains and Marriage OfficersThere are anomalies in relation to the standards applied to the marriage ceremonies…

Recommendation 1: That there be a review of, and amendments to, the Marriage Act to ensure the same basic requirements for all marriage ceremonies, whether conducted by civil or religious marriage celebrants. Recommendation 2:That amendments be made to section 45 of the Marriage Act to ensure that all couples give their consent during the ceremony in the presence of the celebrant and the witnesses. Recommendation 3: That amendments to Section 46(1) be made to ensure that all authorized celebrants use the same wording to explain the nature of marriage and their authorisation status to conduct a valid marriage under Australian…

Recommendation 5: That there be a review of the regulation of all authorised marriage celebrants to improve efficiency, ensure parity across the different groups providing professional marriage services and provide a consistent and measured approach to regulation appropriate to the level of risk to the public. Recommendation 6: That amendments be made to ensure that authorised marriage celebrants from subdivisions A and B are required to undertake a VET unit of study in marriage law prior to authorisation and complete the annual compulsory professional development units as determined by the Attorney General’s department. 2.     All authorised marriage celebrants held to…

CoCA Submission to the Select Committee on the Exposure Draft of the Marriage Amendment (Same Sex Marriage) Bill  January 2017.http://www.coalitionofcelebrantassociations.org.au/issues/content/125-marriage-equality-issues “ The Act was established in the middle of the last century based upon British legislation pioneered in 1836. Unlike France where all couples must attend a registry office to legally marry, couples in the Australian community may choose from 4 types of marriage celebrants.•   Subdivision A - Religious celebrants from Recognised Religions (22,880* - 72.1%)•   Subdivision B - Marriage Officers in State and Territory Registry Offices (293* - 0.9%) •   Subdivision C - Independent Civil Marriage Celebrants (8040* - 25.3%)•   Subdivision C - Independent Religious Marriage Celebrants (539*- 1.7%)     Total of all = 31,752      *…

Subdivision A—Ministers of Recognised Religions 31  Applicant may be refused registration in certain circumstances                     (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:                                   (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;                                  (b)   the applicant is not a fit and proper person to solemnise marriages; or                                   (c)   the applicant is unlikely to…

CODE OF PRACTICE FOR MARRIAGE CELEBRANTS (regulation 37L)(Commonwealth Celebrants Only) Reference: https://www.ag.gov.au/FamiliesAndMarriage/Marriage/marriagecelebrants/Documents/Code_of_practice_for_marriage_celebrants.pdf1. Application of this Code of Practice This Code of Practice applies to marriage celebrants (being persons registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961).Note: Under paragraph 39I(1)(b) of the Marriage Act 1961, if the Registrar of Marriage Celebrants is satisfied that a marriage celebrant has not complied with an obligation under section 39G of that Act, including this Code of Practice, the Registrar may take disciplinary measures against the marriage celebrant.2. High standard of serviceA marriage celebrant must maintain a high…