ATTORNEY-GENERAL'S DEPARTMENT

Family Law and Legal Assistance Division

 
01/4586

28February 2002

All Celebrant Representative Bodies

CONFLICT OF INTEREST PROVISIONS

I refer to the recent email exchange within the celebrant community about the conflict of interest provisions contained in the Marriage Amendment Bill 2002 (the Bill) .
In determining whether a person is fit and proper to be a marriage celebrant: Section39C (2) (e)of the Bill provides that the Registrar must take into account whether the person has an actual or potential conflict of interest between his or her practice, or proposed practice as a marriage celebrant and his other business interests or other interests.

While there appears to be some difference of opinion being asserted about the intent and interpretation of the provisions, we believe that the provisions do indeed work and will prevent precisely the sort of behaviour* that appears to be causing unrest.
The provisions will prevent a person having a conflict of interest between his or her interests as a celebrant and his/her business and other< interests. The "other interests" will clearly cover for example, employment related interests.
The conflict of interest provisions is a standard provisions replicated in a number of pieces of Commonwealth legislation.
The Bill introduced in September 2001 and distributed to celebrant representative bodies on 3 October 2001 for comment contained the same conflict of interest provisions as the Bill introduced in February 2002. The issues currently being raised were not raised at that point.

The inclusion of a statutorily defined conflict of interest provision is not a new concept.

The selection criteria operating under the current system of appointment states that marriage celebrant applicants must not have a conflict of interest or potential for such a conflict of interest in any of their business interests, hobbies or other interest connection with any of their business, hobbies or other interests.

These issues will need to be dealt with on an individual basis in the course of the application process.

In concluding, the conflict of interest provisions should be no surprise to celebrants. The criterion has been used, among others, to determine an applicant's suitability for appointment as a marriage celebrant for many years. The provisions were discussed publicly when the revised proposals were released and on a number of occasions since. The Marriage Amendment Bill 2001 contained the conflict of interest provisions mirrored the Marriage Amendment Bill 2002.

I trust that this letter has clarified the conflict of interest provisions and any of your concerns have been laid to rest.

Your sincerely


Kym Duggan
Assistant Secretary
Family Law Branch

Telephone: (02) 6250 6982

Facsimile: (02) 62505962

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.v. au

Robert Garran Offices, National Circuit. Barton ACT 2600 • Telephone (02) 6250 6666 • Fax (02) 6250 5924