Coalition of Celebrant Associations

Australia’s Peak Celebrant Body

Executive summary

CoCA Submission on Professional Development and Conflict of Interest and Benefit to Business

To Marriage Law and Celebrants Section

February 2017

Download: CoCASubmission-on-OPD-and-COI-B2B_170206.pdf

Executive Summary:

The COCA submission was compiled by the delegates of COCA member Associations for the best long-term interests of the profession.

Whilst CoCA has had time to survey some aspects of professional development with its 2016 National Celebrant Survey, CoCA has not had time to survey more broadly, especially with respect to Conflict of Interest and Benefit to Business issues. However each celebrant has had an individual opportunity to respond directly to the Department’s survey.

CoCA believes that independent celebrants need to be able to develop viable careers, receive fair remuneration for their services and that the celebrancy workforce should develop to meet community needs.1

There is confusion about the role of business skills in a profession that has created the question of whether marriage work done by civil celebrants is part of a profession or part of a business.

There are numerous articles on the topic of a ‘’profession” versus a ‘business” from an historical and current perspective. These articles discussed the dilemma as it relates to Commonwealth Subdivision C authorised celebrants:

  • What is a profession? 2
  • What are key characteristics of a profession? 3
  • Is Marriage Celebrancy a Profession? 4

Professions 5 are largely self-regulatory, with opportunities for a full-time work equivalent (even if not working a traditional 9am-5pm Monday-Friday week), high entry qualifications, continuing professional education requirements, codes of ethics and annual fees for regulation by professional bodies.

One of the best recent resources to explain the role of independent civil celebrant is the video by the British Humanist Society titled 'What is a humanist ceremony?’ narrated by Stephen Fry. 6

There are two simple differences in the Australian context. Firstly, the term “civil” is used in Australia rather than “humanist” or “secular”, which implies agnostic or atheist beliefs held by the celebrant, and secondly as a consequence, civil celebrants’ personal beliefs should not affect the services they provide. This means civil celebrants are able to provide more inclusive, meaningful and relevant ceremonial services to couple, families and communities.

The intent of the Marriage Amendment Bill 2002 7 was clearly to define civil celebrancy as a profession in line with religious celebrancy, as this extract from the 2002 Explanatory Memorandum Marriage Amendment Bill show:

“The revised proposal has taken account of the preference for the Attorney-General’s Department, or other Government body, to retain overall control of standards. It is considered that it would be in the best interests of the sector to postpone self-regulation until such time as a stable, widely accepted, national representative body provides a ready basis for national regulation. The revised proposal would incorporate the appointment of a Registrar of Celebrants within the Attorney-General’s Department who would make appointments of celebrants on the basis of satisfactory training and meeting the statutorily defined fit and proper person criteria.” 8

The Coalition of Celebrant Associations appreciates many people entering celebrancy assume the marriage celebrant role to be part of the wedding industry, rather than the celebrancy profession.

However, how the Australian Tax Office deals with individuals under other legislation is a different issue to the common understanding of the difference between a business and profession, and how the Marriage Act applies these concepts. Obviously if the legislation in 2002 was intended to base Subdivision C Authorised Celebrants on a business model, then these relevant sections related to professional development and COI /B2B would not have been included.

CoCA identified these work possibilities for the VET Review of celebrant training qualifications and documented these in a web article titled “Civil Celebrancy – A Changing Profession” 9

Because the regulatory function of the Department relates to only one aspect of the civil celebrant’s role, it does not mean that a celebrant’s professional development must be confined to only those aspects that concern the law. The Act provides for that function in the form of Compulsory activities when needed.

Other regulators accept the nature of the full role or range of services various professions provide, respect that the professional bodies are the experts on their profession’s needs and confine their work to issues of compliance for the public welfare.

Broader and deeper initial training and professional development in the full range of ceremonial opportunities and clearer COI/ B2B provisions will be two important strategies now and in future years to assist independent celebrants to build their celebrancy practices and enhance their marriage services in the process.

CoCA trusts its recommendations on professional development activities; conflict of interest and benefit to business will be adopted to ensure the continued development of our profession.

Summary of Recommendations

Professional Development: Recommendations

COI and B2B: Recommendations

References

Appendix 1

References


1.      Workforce development agenda - Presented by CoCA to representatives of the Marriage Law and Celebrant Section on Thursday 14th April 2016 in Canberra.
Ref: http://www.coalitionofcelebrantAssociations.org.au/issues/119-raised-with-the-ag-Department/387-workforce-development-agenda

2.      What is a profession?
Ref: https://www.celebrations.org.au/celebrants/2327-a-1-what-is-a-profession

3.      What are key characteristics of a profession?
Ref: https://www.celebrations.org.au/celebrants/2328-a-2-what-are-key-characteristics-of-a-profession

4.      Is Marriage Celebrancy a Profession?
Ref: https://www.celebrations.org.au/celebrants/2329-a-3-is-marriage-celebrancy-a-profession

5.      Professions in Australia - Australian Council of Professions Limited t/a Professions Australia
Ref: http://www.professions.com.au/about-us/what-is-a-professional


6.      'What is a humanist ceremony?' narrated by Stephen Fry
Ref: https://www.youtube.com/watch?v=wzTXicmkrQ4

7.      Marriage Amendment Bill 2002 No. 77, 2002 An Act to amend the Marriage Act 1961, and for related purposes. Ref: https://www.legislation.gov.au/Details/C2004A01014

8.      Extract 2002 Explanatory Memorandum - Consultation (Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)
Ref:
http://www.coalitionofcelebrantAssociations.org.au/for-celebrants/123-2017-coca-submission-on-opd-coi-and-b2b/517-extracts-from-the-2002-explanatory-memorandum

9.      Civil Celebrancy - A Changing Profession
Ref: http://www.coalitionofcelebrantAssociations.org.au/issues/65-professionalism/309-civil-celebrancy-a-changing-profession

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