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V13 Communiqué for CoCA–AGD Meeting 10.12.2010 |
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Communiqué for CoCA–AGD Meeting –10 December 2010General Updates The meeting was chaired by a senior officer from the Attorney-General’s Department (AGD), who opened the meeting by welcoming CoCA attendees and thanking them for their time and valuable engagement with the marriage celebrant community. AGD noted various senior staffing changes and provided a brief overview of the challenges of working to a minority government. CoCA reported on its progress towards incorporation and work to finalise its draft Constitution. CoCA noted that the majority of celebrant associations are represented by CoCA, however three associations had withdrawn and efforts were being made to encourage those associations to rejoin CoCA. CoCA expressed concerns about newly registered celebrants who are not members of an association and may be unaware of the support and information offered through association membership. CoCA-AGD Protocol Agreement was reached to finalise a Protocol between CoCA and AGD. The Protocol formally sets out key matters in relation to the role of CoCA as the peak representative body for Commonwealth- registered marriage celebrants, information sharing and consultation, and regular meetings between CoCA and AGD. A copy of the protocol is attached. Discussion with the Attorney-General The Attorney-General attended part of the meeting and commented on the constructive CoCA-AGD relationship and the efforts being made to encourage disparate celebrant associations to become CoCA members. CoCA updated the Attorney-General on the finalisation of the Protocol, draft revisions to the Code of Practice, the new CoCA website and progress towards incorporation. CoCA also conveyed its appreciation for the quality of work and support provided by AGD. CoCA raised concerns about training standards and reiterated its comments from the August 2010 meeting regarding the selection of OPD providers. Commitment to CoCA as the peak representative group AGD reiterated its commitment to CoCA as the peak representative group. AGD advised it would be holding discussions with the Australian Federation of Civil Celebrants in early 2011 to encourage the association to re-join CoCA. AGD also advised it had written to the Alliance of Celebrants Queensland in similar terms. CoCA indicated it was looking at opportunities to contact unaligned associations to invite their membership. This would include working with smaller associations (with less than 50 members) to explore their representation by other CoCA members. AGD and CoCA agreed to consider options available for CoCA to engage with indigenous celebrants, noting the absence of a specific association representing these celebrants. AGD Website CoCA provided suggestions to change/improve information about the Marriage Celebrants Program on AGD’s website. This included creating a frequently asked questions page, and revising the ‘reality’ information for people considering marriage celebrancy. AGD noted that updates to its website are ongoing and that the suggestions would be taken into account as part of that work. Same-sex marriage AGD and CoCA discussed the public debate over same-sex marriage. AGD confirmed the Australian Government’s position on marriage: that marriage is between a man and a woman to the exclusion of all others. Improvements to the Marriage Celebrants Program AGD emphasised its interest in continual improvement of the Marriage Celebrants Program. AGD welcomed feedback on ongoing issues or concerns about the Program, though noted constraints on Government spending in the current financial environment. Registered Training Organisations – quality of training CoCA and AGD discussed the idea of pre-appointment assessment of knowledge and skills through an external panel of providers. CoCA expressed the view that some form of external review would assist to improve the quality of training provided to celebrants. CoCA agreed to give further consideration to how this could operate in practice and how it can engage with accrediting agencies appropriately about quality of training. Handling the application and registration aspects of the program CoCA indicated its support for the introduction of the legal questions on knowledge of the law. AGD advised that it was too soon after the introduction of the questions to make an observation as to any improvement in the quality of applicants being registered. CoCA suggested a limitation on the effectiveness of the questions is that applicants are unsupervised when completing them and that AGD should require that applicants complete a statutory declaration affirming they completed the legal questions without assistance. AGD agreed to consider the proposal. Funding of marriage celebrant courses by Centrelink/others AGD confirmed it would be write to appropriate government agencies to clarify concerns that have been raised about employment agencies funding marriage celebrant courses and OPD. Code of Practice for marriage celebrants CoCA provided AGD with its proposed amendments to the Code of Practice. CoCA explained the key change is to expand clause two to take into account health and safety concerns. An additional paragraph has been added to clause five to refer to the possible use of a service agreement. AGD agreed to consider the proposed changes, noting that final approval would be a matter for the Government. CoCA and AGD discussed the need to consider broader consultation with the celebrant community given the potential for changes to the Code to impact upon celebrants’ obligations under the Marriage Act and Marriage Regulations. AGD explained that the processes for amendments. Such amendments are subject to scrutiny and are disallowable instruments. Conflict of interest CoCA raised concerns about the lack of clarity regarding potential conflicts of interest. AGD provided CoCA with a short information sheet covering the basic elements of conflict of interest/benefit to a business as set out in the Marriage Act. AGD acknowledged this is a particularly complex area and every situation must be considered on its individual merits. Difficulties arise in two key situations: (1) where existing celebrants are interested in entering into a new business venture, and (2) where, prior to undergoing the required qualification, aspiring celebrants seek a decision on whether their proposed or existing business interest poses a conflict of interest. AGD has commenced work to develop clearer guidelines on conflict of interest/benefit to a business and will consult further with CoCA for input and feedback. CoCA is firmly of the view that the provisions in the Act are important and should be retained. However, principles based guidelines would provide greater clarity for both aspiring and existing celebrants. CoCA’s suggestions for guidelines include considering whether a situation is of any harm or whether it increases/enhances the skills of a celebrant in performing a ceremony. CoCA considers that requiring undertakings from celebrants may assist in managing situations where conflict of interest issues arise. Ongoing Professional Development There was discussion about CoCA’s concerns regarding the tender process for OPD providers. AGD confirmed that its ability to change the current arrangement of three OPD providers is constrained, however is open to considering CoCA’s suggestions in relation to future tenders. There was an exchange of views regarding OPD activities for 2010. Issues discussed included the range of OPD topics available and the need for challenging topics particularly for more experienced celebrants, differences in the workload when completing OPD by distance or face-to-face, and the provision of a certificate of completion of OPD. AGD spoke about the August 2010 OPD monitoring group meeting, which two CoCA members attended. The OPD panel has committed to taking on CoCA’s feedback provided in that forum in the development of future activities. AGD encouraged CoCA to continue to channel feedback through that forum. Other matters Prescribed authorities CoCA referred to different approaches on the part of prescribed authorities in each state and territory. CoCA raised concerns that the prescribed authorities in some states are not trained and do not understand the role. CoCA and AGD agreed to discuss this issue further at a future meeting. Timeframes for notice of an intended marriage CoCA discussed the required period for giving notice of an intended marriage under the Marriage Act. CoCA attendees expressed a spectrum of views on how to address this issue, ranging from having no required notice period at all through to expanding the acceptable reasons for shortening the prescribed time in the Marriage Regulations. PROTOCOL BETWEEN THE COALITION OF CELEBRANT ASSOCIATIONS AND THE ATTORNEY-GENERAL’S DEPARTMENTBackground to the Protocol 1. With the support of the Attorney-General, the Coalition of Celebrant Associations (CoCA) was established on 16 October 2008 as the peak representative body for Commonwealth-registered marriage celebrants. 2. CoCA’s primary aim is to engage effectively with the Attorney-General and the Attorney-General’s Department (AGD) to represent the marriage celebrant community on matters relating to the Marriage Celebrants Program (the Program). In doing so, CoCA will work to ensure that it represents the views of those marriage celebrants who are members of celebrant associations, as well as those who are not. 3. The relevant area of AGD is the Marriage Celebrants Section, Marriage and Intercountry Adoption Branch, Access to Justice Division. Purpose of the Protocol 4. CoCA and AGD wish to form a productive and collaborative relationship, characterised by constructive and, wherever possible, open communication. To facilitate this relationship, this Protocol has been developed to ensure a clear understanding of how CoCA and AGD will work together, communicate with each other and clarify expectations as to roles. 5. While this Protocol is limited to CoCA and AGD, it is acknowledged that the Attorney-General is the final decision-maker in matters relating to the Program and therefore plays an important role in seeking and considering CoCA’s feedback or concerns. 6. AGD acknowledges that CoCA members provide their valuable time and input on a voluntary basis. CoCA members meet their own expenses for travel and accommodation, noting that CoCA hopes that AGD will be able to make funding available in the future. 7. CoCA acknowledges that as an Australian Government department, AGD must prioritise the needs of the Attorney-General and AGD’s statutory obligations under the Marriage Act 1961 and Marriage Regulations 1963. Key Contacts 8. CoCA and AGD have each nominated a contact person to be responsible for the implementation and monitoring of the Protocol. 9. Communication between CoCA and AGD should also be directed to the contact person in the first instance. 10. The nominated contact person for CoCA is: The Secretary Coalition of Celebrant Associations 11. From time to time, CoCA may also appoint sub-committee convenors to represent CoCA in discussions with AGD on particular subject areas (eg training of marriage celebrants, Ongoing Professional Development (OPD)). CoCA will advise AGD where this is the case. 12. The nominated contact person for AGD is: Marriage Celebrants Section 13. If a change is made to the contact person, the details of the new contact person will be provided as soon as possible. Information Sharing and Consultation 14. CoCA and AGD will share relevant information with the aim of greater consultation on matters relevant to the Program and the facilitation of a closer more effective working relationship. 15. CoCA will endeavour to keep AGD appropriately informed about and consult on: (a) current issues or problems arising in the Program for marriage celebrants (b)proposals from marriage celebrants and other stakeholders on matters that may improve the operation of the Program (c)submissions that CoCA wishes to make to the Attorney-General (d)specific consultations with CoCA members on specific subject areas (eg training and OPD), and (e) any other relevant matters concerning marriage celebrants or the Program. 16. Subject to paragraphs 17 and 18, AGD will endeavour to keep CoCA appropriately informed about and consult on: (a) changes to the Program aims, objectives or operation (whether legislative or otherwise) (b)broader matters that may impact on the Program or marriage celebrants (c) planning or review process and timelines, and (d)opportunities for input and consultation. 17. There will be occasions where AGD shares information with CoCA delegates that is considered sensitive. In such cases, AGD will request that the information be treated confidentially and AT Assistant Director not circulate it outside CoCA delegates. Otherwise, information shared with CoCA delegates may be circulated more widely. 18. There are restrictions placed on AGD on its ability to share particular information. For example: (a) unless approved by the Prime Minister, Cabinet or the Governor-General, proposed amendments to the Marriage Act or Regulations (b)information that would breach an Information Privacy Principle contained in the Privacy Act 1988, or (c) advice provided to government where a decision or view of the Attorney-General or Cabinet is pending (eg budget matters). Regular CoCA–AGD Meetings 19. A minimum of two CoCA–AGD meetings will be held at AGD in Barton each year. Each of the meetings will run a full day (ie 10am–4pm) to allow full discussion of issues. AGD will arrange a Departmental meeting room and catering for these meetings. Otherwise, attendees will meet their own costs. 20. In addition, AGD will also make available a Departmental meeting room for the day prior to or after the CoCA–AGD meetings should CoCA wish to hold a closed meeting (ie CoCA members only). 21. There is a high demand for the Departmental meeting rooms. Meeting dates may therefore need to be arranged around meeting room availability. Attendance of the Attorney-General 22. The Attorney-General will be invited to attend the CoCA–AGD meetings. The Attorney-General’s availability may be limited given other commitments. AGD will liaise with the Attorney-General’s Office in this regard. Meeting Agenda and Papers 23. After inviting agenda items from CoCA, AGD will prepare the meeting agenda and circulate to CoCA prior to the meeting. Both CoCA and AGD will endeavour not to add late items. 24. As far as possible, any agenda or discussion papers should be provided at least two weeks before the meeting. Doing so will allow consideration of the item to occur before the meeting so that meeting discussion is more productive. Meeting Chair 25. AGD will Chair the full day CoCA–AGDmeetings,unless otherwise agreed. Meeting Summary 26. AGD will preparea Meeting Summary tor record key areas of discussionaa and agreement from the CoCA–AGD meetings. The Meeting Summary is not intended to be a verbatim or comprehensive reflection of discussion. 27. AGD will endeavour to provide a draft Meeting Summary to CoCA with in four weeks oft he CoCA–AGD meeting for consideration and comment. CoCA will endeavour to provide any comments on the draft within two weeks of receipt of the draft so that the Meeting Summary can be finalised. If there is a delay in AGD providing the draft or CoCA providing comments on the draft, the key contacts will be notified. Additional CoCA–AGD Meetings 28. Additional meetings may be held with the agreement of CoCA and AGD,noting that teleconferences between the CoCA Executive (or selected members) and AGD may be a way of managing ad hoc issues without incurring additional costs. Effectiveness of the Protocol 29. CoCA and AGD will share feedback about the operation of the Protocol on an ongoing basis. This may include the need for a partial review of the Protocol once the CoCA–AGD relationship is better established, or consideration of whether a full review of the Protocol is required. 30. CoCA and AGD may also make amendments to the Protocol by mutual agreement. Variations to the Protocol may be settled by an exchange of e-mails. Agreement to the Protocol 31. Agreement to the Protocol may be settled by signature or an exchange of e-mails. [Agreed: 10 December 2010, as confirmed by later exchange of e-mails]
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