Coalition of Celebrant Associations Inc.Chairperson  Robyn  L. Caine Ph: 0412294537Vice-Chair  Ian Deegen Secretary: Rona Goold P.O. Box 3113 Robertson N.S.W 2577 Phone: 02 48852393  Charging Policy Team Financial Framework Policy Branch Department of Finance and Deregulation John Gorton Building, King Edward Terrace Canberra Email This email address is being protected from spambots. You need JavaScript enabled to view it. Dear Sir/ Madam Thank you for the opportunity to comment on the Cost Recovery Guidelines. The Coalition of Celebrant Associations (CoCA) is recognised by the Commonwealth Attorney General as the peak body for Commonwealth Marriage Celebrants and is the only national body representing  the majority of celebrant associations in Australia. As arranged  with your Department, CoCA…

As a group of providers, namely Commonwealth appointed Marriage Celebrants, of marriage services to the general public under a Commonwealth Act of Parliament we were extremely surprised to find ourselves targeted for Cost Recovery.

The Department of Finance’s Best Practice Guidelines2 and the Cost Recovery Guidelines3 also highlight the principle of consultation, the former stressing prior consultation and the latter “appropriate” consultation. CoCA considers that allowing significant4 Cost Recovery Measures to be implemented at budget time, allows the Government to by-pass its own “best practice” guidelines.

CoCA understands the intent of Cost Recovery is to apply the “users-pays principle”. That is that the end users of the government service pay for the benefit they receive. Clearly the Recovery Impact Statement (RIS) 8 that the Attorney-General’s Department produced for the Department of Finance made it clear that

CoCA asserts that since 1961 all marriage celebrants, whether State registered or Commonwealth appointed, are providing marriage services on behalf of the Commonwealth Government under the Marriage Act 1961 since 1961 all marriage celebrants have been required by the Commonwealth Governmenta. to provide those marriage services according to the rules set by theCommonwealth Governmentb. to register those marriages as directed by the Commonwealth with the State of Territory Registry within whose geographic boundaries the marriage takes placec. to use forms and other documentation as set by the Commonwealth and sold via the government printing services or the government contracted printing…

Efficient5 and effective6 Between 1973 and 2003 the services provided by marriage celebrants appointed by the Commonwealth Attorney-General’s Department were delivered to the Australian marrying public without the need for a Regulatory function by the Commonwealth Attorney-General’s Department.

Definition 15 English legal system doctrine that protects against arbitrary exercise of power by ensuring fair play. Natural justice is based on two fundamental rules: (1) Audi alteram partem (Latin for, hear the other side): no accused, or a person directly affected by a decision, shall be condemned unless given full chance to prepare and submit his or her case and rebuttal to the opposing party’s arguments; (2) Nemo judex in causa sua (Latin for, no man a judge in his own case): no decision is valid if it was influenced by any financial consideration or other interest or bias…

Conclusion The Coalition of Celebrant Associations experience of the application of the Dept of Finance Cost Recovery Guidelines demonstrates that: they are ineffective in meeting the needs of the Stakeholders and more importantly, do not ensure that Cost Recovery by the government agencies, who are required to apply these Guidelines, is actually achieved in a Cost effective and Cost efficient manner.