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V14 Communiqué for CoCA–AGD Meeting 19.5.2011

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 General Updates

AGD welcomed the Coalition of Celebrant Associations (CoCA) delegates and thanked them for their attendance. AGD noted various senior staffing changes that have taken place since the previous meeting and informed CoCA that the Marriage Celebrants Section has changed its name to the Marriage Law and Celebrants Section to better reflect the work undertaken by the Section.

CoCA representatives provided brief introductions about their own backgrounds as well as those of the associations they individually represent. CoCA informed AGD that it has recently become incorporated and established a Constitution. CoCA noted its Constitution allows for online meetings and decision making, which it hopes will enable productive progress on issues in between the face-to-face meetings.

Ongoing Improvements to the Marriage Celebrants Program

AGD provided an overview of improvements to the Marriage Celebrants Program that are under development. These include the introduction of a professional celebrants’ fee, an upgrade to the information technology used by AGD to manage the program, better provision of information including substantial revision of the Explanatory Material, and an increased focus on compliance with ongoing professional development requirements as part of celebrant performance monitoring.

CocA was advised that a stakeholder consultation plan on the program improvements was being developed and that the views of CoCA, BDM’s, OPD providers, independent religious organisations and the wider marriage celebrant community would be sought as part of the consultations. Consultations are expected to begin in the second half of 2011.

CoCA as the Peak Representative Body

AGD and CoCA discussed the role that CoCA plays in the celebrant community and the perception of its relationship with the Attorney-General’s Department. AGD reaffirmed its commitment to CoCA as the peak representative body for marriage celebrants.

Register of Marriage Celebrants

AGD advised that there is no cut off for the length of time a celebrant may be recorded as ‘inactive’ on the Register, however noted that celebrants are discouraged from being inactive for extended periods. AGD also advised that ‘inactive’ celebrants are still required to complete their ongoing professional development (OPD) obligations.

Recent Media on Disciplinary Measures

CoCA referred to a media article regarding deregistrations of marriage celebrants. AGD noted that departmental protocol is followed when responding to media requests. CoCA requested that they be notified of future media enquiries. AGD informed CoCA that it may be possible to notify them of key media coverage in the future but that this would be considered on a case by case basis.

Complaint about an RTO

CoCA raised concerns over a new product that could result in celebrants storing confidential information inappropriately. AGD noted that they have no control or a role to play in the regulation of the many products marketed to marriage celebrants.

Enquiry about proof of identity

CoCA sought clarification on what celebrants can accept as proof of identity. AGD advised that the Explanatory Material is currently being revised and will endeavour to remove any confusion on proof of identity issues. In relation to the specific issue raised by CoCA, AGD suggested would be better raised with the Passport Office.

Access to information for handling challenging situations

Prior to the meeting CoCA supplied for discussion a series of scenarios that celebrants have encountered. AGD noted the complexity of the scenarios and stated its preference that complex enquiries be received in writing, allowing for consideration on a case-by-case basis. AG

OPD – Removal of exemptions

AGD advised CoCA that the ‘first year’ OPD exemption no longer applies and that the only exemption granted in the first year of registration is if the Registrar considers it is unfeasible to complete OPD due to the celebrant being registered late in the year. In this case, newly-appointed celebrants are notified of any exemption in the registration letter.    AGD explained the only other OPD exemption available is where the Registrar is satisfied that due to exceptional circumstances, a celebrant should be granted an exemption. The application for an exemption must be submitted in writing, during the calendar year that the exemption is requested for.

OPD in the Future

CoCA requested information regarding how the OPD panel of providers will be determined when the current contract expires. AGD advised that this issue would be considered in the months ahead and agreed to keep CoCA updated on this issue as appropriate.

Conflict of Interest

AGD distributed a handout to CoCA delegates that set out a range of potential conflict of interest scenarios. CoCA representatives undertook to consult their members and to consider the scenarios and provide feedback to AGD on if/where conflict of interest issues exist within these scenarios.