Peter Arnaudo Assistant Secretary | Marriage and Intercountry Adoption Branch
Access to Justice Division | Attorney General’s Department
5th July 2013
RE: CoCA Response to proposal for OPD content, design and delivery from 2014.
CoCA Feedback on AGD OPD Proposal.
1. Overall direction of OPD
Our Coalition supports the Department’s proposed
- OPD Objectives
- Principles for OPD design, development and delivery
- Adult Learning Principles
- Approval for Association Conferences / Workshops as OPD option
- Approval for Celebrant VET Training Units as an OPD option (see recommendations)
- Other ideas on approaches to OPD beyond 2014 (see recommendations)
Our Coalition supports the Department’s consideration of more flexible arrangements for the time allocations of Compulsory and/ or Non-Compulsory sessions. There may be situations when
- there is little change to legislation and thus more time could be allocated to Non-Compulsory activities
- longer-term celebrants who have completed a number of years of Compulsory Units and thus may be approved to completed OPD by only non-compulsory sessions.
- Fact Sheets produced by the Department can be used, along with the Quarterly Magazine, to impart the information as an alternative to time-intensive face-to-face sessions, thus freeing celebrants to spend more time on non-compulsory skills related activities.
Therefore there may be opportunities for OPD units, whether elective or compulsory to be developed, could be of 4 or 5 hours in duration. This would mean that celebrants who wish to revise their legal information may have the opportunity of doing so in a comprehensive OPD activity of 5 hours and not do any elective units in that year.
This would also allow for the possibility of revising the OPD time allocations to give more flexibility over a period of time. For example, the marriage celebrant would be required to complete 5 hours of Compulsory OPD in a 5 year period.
With the introduction of the Celebrant Portal there is also the opportunity for Compulsory OPD to be tested and scored as completed, thus freeing the celebrant to concentrate more on electives units if they wished.
RECOMMENDATION:
That the AGD commence the creation of FACT Sheets as an aid to all marriage celebrants and to OPD, with the long-term objective of reducing the reliance on high cost Compulsory OPD activities as the mechanism for delivering legal information
That the AGD continue to work towards a more flexible OPD arrangements both in style of delivery and time allocations for the compulsory / elective mix.
3. OPD Approval and Monitoring.
Attachment A states that all OPD must be pre-approved by AGD (‘the Panel’) following an expression of interest selection process.
In principle, CoCA fully supports such a process, provided “The Panel”:
- has several CoCA association representatives, an independent person with adult learning expertise, as well as representatives of the AGD
- is independent of the approved OPD providers, and potential providers where possible
- has clear objectives, processes, supporting documents and time frames, mostly internet based, to insure that all OPD proposals can be approved or rejected in efficient, effective and fast turn-around times.
- builds a resource bank of approved OPD activities, are approved for 3 to 5 years or longer whilst still subject to regular reviews for continuous improvement
- Is granted the authority to make recommendations to the AGD on approved OPD activities
- Is established for a minimum of two years, with the view to building mechanisms and expertise within “the Panel” so that OPD can run smoothly as a growing support strategy for celebrants that minimises the disruptions caused by major strategy changes every 3 years as has been the case previously.
- the Coalition, as the peak body, has neither been consulted with nor informed about by the AGD
- could be confusing or misleading to marriage celebrants.
It is noted that the OPD Proposal does not mention nor plan to draw upon the resources of the Coalition as the peak body.
CoCA considers this is a serious omission from the AGD’s planning and monitoring strategy for OPD, given that
- uniformity of professional knowledge and skill across the profession is in the interests of the Department and the Government to ensure that all marriage celebrants are of an equally high standard
- marriage celebrancy is only one part of the range of celebrancy services that professional celebrants deliver.
- celebrants who offer ceremonies other than marriage are practicing a wide range of skills that improve their performance as marriage celebrants
RECOMMENDATIONS
(As per 5 CoCA August 2012 Submission Recommendation) That:
The establishment of AGD/CoCA Joint Standing Committee for OPD Approval and Monitoring
A simple and clear set of Guidelines for Approvals of OPD activities be developed
An Application and Monitoring Process that requires minimal support and supervision from the MLCS, and allows the MLCS to concentrate on ensuring all marriage celebrants are up-to-date with their OPD obligations.
4. OPD Approval Times
The Coalition is extremely concerned about the length of time required for approval of OPD activities. If the above recommendations are implemented, then each OPD application should be able to be approved in a two-month turn-around from the time of submission of the activity.
That is the application is send to the AGD. It is forwarded by email to The OPD Panel that agrees or disagrees that the proposal meets the OPD Guidelines. If not the OPD provider is informed of The Panel’s grounds for concerns and the OPD provider granted an opportunity to re-submit the proposal.
The approval time frame based around when the activity is planned to be held is a back-to-front approach, because it minimizes the lead-time for both the provider and celebrants to plan to do that specific activity.
This is even more of a concern for national conferences that involve air travel, accommodation and other costs to the celebrant and to the association, For example conference facilities and key note speakers require pre-payment deposits etc. that are non-refundable, which would be a burden for both celebrants and associations, if at the last minute OPD approval were not granted.
RECOMMENDATION:
That each OPD application be approved within a two-month turn-around from the time of submission of the activity.
5. OPD Approved Providers
CoCA agrees with the principle of approval for the following as OPD providers:
- “a registered training organisation with the Certificate IV in Celebrancy
- a registered training organisation with the formal national/state/territory accreditation/authority to develop and deliver training in the proposed subject matter for the activity (this applies to elective activities only)”
- Training providers are not necessarily the best organizations to deliver OPD.
Their resources and staffing are primarily focused upon base line training, rather than ongoing professional education that by its very nature means broader, more flexible, diverse and different educational outcomes.
- The qualities, skills and experience of the individual trainers can mean a wide variation in the delivery of a specific OPD session, even though the approved OPD provider matches the OPD Provider criteria at a high level.
- There are many professional celebrants and other related professionals with the skills to deliver excellent OPD activities who may not wish to work for RTOs. Opportunities should exist from 2015 within the OPD approval and delivery process for such people to be given approval to conduct a limited number of OPD activities with the view to their being approved as individual providers of OPD activities.
- The Marriage Act and Regulation requires hours dedicated to OPD that supports adult learning principles that the learner is best placed to decide what learning activities are best for them. Therefore the AGD can afford to take a more flexible and ‘trial-and-error” approach to developing and reviewing OPD activities with an emphasis on increasing skills rather than legal knowledge.
For future development of OPD for elective units, the AGD needs to broaden the requirements for OPD “trainers” / “presenters”, and allow for situations where a person may not hold a Certificate IV in Training and Assessment but have other relevant qualifications and/ or experience. These may need a case-by-case approval and “trial-and-error” approach. The latter is possible given the Portal would be direct independent feedback to the Panel about the quality of such an individual OPD presenter’s work.
RE: 9. “New providers can seek to be pre-approved once every three years and will have a written agreement that allows the department to withdraw their approval during that period.”
CoCA does not support an intensive expensive AusTender process for OPD approval. Nor does CoCA support the uncertainty of approval for an Approved OPD provider by allowing the AGD to withdraw approval in what could appear to be an arbitrary and unfair way.
Unless the VET system and the AGD has identified legitimate concerns about a specific RTO, all registered training organizations delivering the current celebrant qualification for appointment as a marriage celebrant be should considered for approval.
Approved OPD Providers need to have a level of security to commit resources to developing and improving their delivery of OPD for the long-term common good of our profession. What is needed is a fair process that gives the OPD provider
- opportunities to correct the specific problems as identified by the feedback (e.g. the RTO’s organisational processes, the Trainer, the activity objectives or design etc.) and
- clear grounds for the Panel’s decision to suspend or remove an OPD provider.
- Poor organization by the provider (i.e. the RTO is meeting the AGD requirement for organization and reporting, has some or most activities highly rated, but some performing badly for more specific reasons i.e. needs a change of trainer or activity design)
- Poor delivery by the trainer (i.e. the trainer not approved for future OPD)
- Poor design of the OPD activity itself.
Consideration needs to be given to accrediting certain marriage celebrants as approved trainers of compulsory units, whether the celebrants works for an RTO or not. This would enable celebrant associations to deliver Compulsory Units for OPD as part of Association Conference formats, with the Department having tested such approved trainers and knowing that they meet the Department’s quality standards. This was a CoCA recommendation in 2012.
RECOMMENDATION:
That all suitable registered training organizations delivering the current celebrant qualification for appointment as a marriage celebrant, following a successful application, be an approved OPD provider.
That approval of each specific OPD activity by an Approved Provider be required to be submitted for separate approval by the OPD Panel. This is assuming that this process in efficient, timely and reviewed as noted elsewhere in this submission.
That CoCA and celebrant representatives be part of any approval process for OPD providers.
It is recommended that Recommendation 7.1 Flexible OPD phased-in over six years from CoCA’s February Submission on Cost Recovery & Increased Professional be implemented. That is
- A minimum of six OPD providers to be appointed for the compulsory and non- compulsory OPD for the 2013-6 period, with an extension of three years, subject to satisfactory performance.
- A minimum of six OPD providers to be appointed for the compulsory and non- compulsory OPD for the 2013-6 period, with an extension of three years, subject to satisfactory performance.
- That all trainers of OPD compulsory or legal topics are approved trainers as outlined in section 5.4
- By 2019 a new system of approval for OPD activities will have been phased in providing a a more transparent and flexible process be developed for the approval and review of compulsory and non-compulsory OPD topics from approved OPD providers (and post 2016 other training/education providers).
- MLCS to conduct a knowledge and skills assessment of all current trainers to gain MLCS approval to teach the Certificate IV in Celebrancy core and mandatory units.
- The MLCS assessment would require; a current Curriculum Vitae, proof of their status as a marriage celebrant, proof of having conducted a minimum of 10 weddings in the previous three years and proof of their qualification in Workplace Training and Assessment and the Certificate IV in Celebrancy.
- MLCS approval to be re-assessed every five years. NB in the initial period the Pre-Appointment Assessment process could be used as part of the MLCS assessment procedures
Our Coalition has been recommending for several years that current celebrants who do not have the current entry criteria for appointment as marriage celebrants should be able to upgrade their qualifications and meet OPD obligations by doing so.
It is firmly believed that encouraging celebrants to upgrade to the Certificate IV in Celebrancy qualification will be a significant means by which they can improve their knowledge and skills over time.
Implementing this measure could ensure that all marriage celebrants have the current qualifications if intending to stay as a MC for more than 5 years. Most professions require existing professionals to upgrade their qualifications when entry qualifications are changed.
This activity was tried in the past but failed due to unclear specifications on how the activity was to be conducted i.e. actual course work as opposed to a shorter Recognised Prior Learning (RPL).
Being able to upgrade with relevant qualifications, whether by course work or RPL is a basic principle of Continuing Professional Development in other professions.
Either way, coursework or RPL, more than 5 hours would be required of each celebrant and the cost would be of similar order.
Not allowing this possibility will not meet the “value for money” objective and is a disincentive for celebrants to upgrade their qualifications.
Recommendation.
That from 2014 one unit of the current celebrancy training qualification, delivered as direct course work or as Recognised Prior Learning, be counted as follows:
- Completion of one unit of study by face-to-face or distance education be equal to 5 hours OPD.
- Completion of two units of study by Recognition of Prior Learning (RPL) be equivalent to 5 hours of OPD.
- Completion of one unit of study by face-to-face or distance education that is specifically Marriage related, be counted as 2 hours of a compulsory unit and 3 hour elective OPD.
- Completion of two units of study by Recognition of Prior Learning (RPL) that are specifically Marriage related, be counted as 2 hours of a compulsory unit and 3 hour elective OPD.
The AGD proposal identified for OPD approval the following
· Association office bearers receive an exemption from elective OPD requirements
· Conference paper developers / authors / presenters receive an exemption from elective OPD requirements
· OPD trainers / activity developers receive an exemption from elective OPD requirements
CoCA does not support the use of the term “exemption from” as it implies “not doing” or “getting let off from” improving one’s professional practice.
Rather the reverse needs to be the case for an “approval for individual OPD experiences” For example:
· Associations members of Incorporated associated may receive Individual OPD approval to meet their elective OPD requirements
Our Coalition considers all of the above activities require more than 5 hours of the celebrant’s time, and thus consider these activities should be approved for 2015.
However there would need to be appropriate Guidelines to ensure that the activity involved learning experiences for the celebrant making the application to for Individual OPD approval, rather than simply repeating something at which they were already knowledgeable and/or skilled.
Such Guidelines for Associations would need to include the following provisos:
- The association has a minimum of 50 celebrant members.
- The application would need to endorsed by the Management Committee of the Association outlining the duties the celebrant was performing for the association.
- No more than one application from the celebrant for this type of Individual OPD approval can be made within a three year period.
- The role preformed by the a celebrant would require more than 10 hours of the celebrant’s time and provide for the development of new knowledge and/ or skills and/or leadership/ management/ organisational responsibilities for the celebrant.
- The applicant would provide a Report to the Panel to summarise the tasks done and learning that has resulted by the celebrant’s involvement.
In addition to Association Officer Bearers, associations should be able to nominate Committee members and other association members who perform time intensive and responsible voluntary tasks for associations for OPD approval for specific OPD years.
- The application would need to be endorsed by the Association, RTO or Activity provider for whom the material or presentation was being developed
- No more than one application from the celebrant for this type of individual OPD approval can be made within a three year period
- The role preformed by the a celebrant would require more than 10 hours of the celebrant’s time in preparation and delivery
- The material and/ or presentation/ activity development would be for a new or substantially different OPD learning activity. I.e. repeat delivery of OPD activities would not qualify for approval as an individual OPD activity.
- The applicant would provide a Report to the Panel to summarise the tasks done and learning that has resulted by the celebrant’s involvement.
- Removing the distinction between compulsory and elective OPD activities, and
- Review of requirements for trainers delivering OPD.
That Guidelines and mechanisms for the Approval Individualised OPD activities be developed so that the following categories of marriage celebrants would be approved for OPD from 2015 if they meet the Guidelines
- Office bearers and other marriage celebrant members of Celebrant Associations nominated by their association
- Conference paper developers / authors / presenters receive an exemption from elective OPD requirements endorsed by the relevant Association, RTO or Activity provider
- OPD trainers / activity developers receive an exemption from elective OPD requirements endorsed by the relevant Association, RTO or Activity provider
As the provision of a legally valid marriage is a function of government provided via Commonwealth Marriage Celebrants, the Coalition strongly recommends that the AG determine OPD activities to be GST free.
Also marriage celebrancy is part-time work for marriage celebrants and most do not have access to sufficient work to make a taxable income. Therefore GST is not able to be recouped from couples and thus increases the cost of OPD directly to the Celebrants.
RECOMMENDATION:
That the Attorney-General determines OPD activities to be GST free.
Clarification and comment
CoCA offers the following in relation to “Attachment A – process to approve providers”
8. Number of approved OPD providers
The process as outlined in principle is agreed, with our specific CoCA recommendations above.
As consistently recommended, CoCA strongly wishes to avoid the situation where only a very small number of providers are approved.
RECOMMENDATION:
CoCA recommends the opportunity be given for any rejected provider to re-apply by covering any queries or misunderstandings the Department may have had with their application.
9. Compulsory and elective activities
- Will CoCA be involved in discussions about the relevance of compulsory/elective activities?
NOTE:
RECOMMENDATION:
If CoCA is not involved in the OPD Approval & Monitoring panel, then CoCA recommends that some other mechanism be established for CoCA to have input before compulsory/ elective units and materials are approved.
RE: 10. AGD will seek feedback from BDMs, celebrants and the annual online performance questionnaire to determine whether a compulsory activity is necessary in a given year.
RE: 11. If it is determined that a compulsory activity is required for the following year, AGD will draft the text of the compulsory activity by October of the year before it is to be delivered and ask the pre-approved compulsory activity providers to develop it into a deliverable form (face to face, distance and online)
Our Coalition assumes this means that early in November, celebrants will be advised that the following year will not require a specific Compulsory OPD activity but 5 hours of Elective OPD; and/ or a combination of previously approved Compulsory and Elective OPD.
Is this correct?
RE: 12. Compulsory activities should focus on updating celebrants about relevant legal changes or court cases that may impact on their role as a celebrant and key issues for the Marriage Celebrants Program that cannot be covered in the quarterly newsletter
As raised above, Fact Sheets are also a mechanism to add to the mix for the AGD to increase marriage celebrants’ knowledge.
Also forward planning via consultation with CoCA will also be an important resource for considering topics to better prepare celebrants for areas that may become an issue in the future e.g. an aging population and issues of consent.
10. Association Conferences.
RE: 22. A conference is a face-to-face activity where participants are physically present at one specific location.
26. The association will be responsible for reporting to the department on conference attendance in accordance with departmental requirements.
CoCA agrees in principle with the above.
The primary objectives of conferences or workshops is to
- encourage networking amongst celebrants,
- increase celebrant’s confidence in the support offered by associations between conferences, and
- expose celebrants to ideas and experiences not delivered through “teaching style” training mechanisms.
The Coalition sees conferences, workshops and association organised learning activities as additional to the current style of approved OPD. That is, associations may also arrange an OPD day to coincide with their Conference Day or Workshops Activity, but that an Association Conference or workshop would be approved for OPD hours in its own right.
RE: 23. An application must be received at least four months before the conference is scheduled to be held. The Registrar will notify the association of the decision at least two months before the date of the conference.
A four months approval process is not acceptable. See our comments above about approval turn-around times.
The process of submission of a conference for approval would need to include a range of activities to be approved and the proposed provider of the activities.
The OPD hours should be equivalent, i.e., 1 hour of approved conference activity should be equivalent to 1 hour of OPD. The association would have already canvassed their members on topics for the conference, so any approval system should take this into account.
28. It is expected that the conference will be evaluated and feedback from participants will be obtained by the conference organisers.
Recommendation:
It is recommended that
- 1 hour of approved conference activity be equivalent to 1 hour of OPD.
- a Summary of this Evaluation and feedback be provided to the Approval and Monitoring Panel, and
- the Annual Questionnaire via the Portal, provide opportunity for independent feedback to “the Panel” of all OPD activities, including association-organised activities.
11. Other questions raised by CoCA associations
a. Will the associations have to use the same provider for compulsory and elective topics?
The associations would reserve the right to choose a provider based on the knowledge and experience of members with providers over the years.
b. Can associations with members in every state provide state-based conferences throughout the year?
This would allow greater networking opportunities for celebrants and for the association to encourage new membership.
c. Owing to the very short time frame in which they seek expressions of interest from potential providers (August 2013) how are potential providers going to be notified that this is now open?
d. The Department states they are developing a template for submission of activities. Is this template an update of what CoCA has already put forward?
e. What, if any, is CoCA’s involvement in the approval of activities?
See CoCA recommendations above.
f. There seems to be 2 different views from the Department on compulsory delivery – clarification please? i.e. an OPD provider delivers just the compulsory units and other OPD providers deliver electives OR compulsory and elective activities can be delivered by approved OPD providers.
g. There doesn’t seem to be anywhere that celebrants must do all their OPD with one provider, so will celebrants be able to attend any OPD activities of their own choosing when, where & what suits them?
CoCA assumes this flexibility is available in line with Adult Learning principles.
