V13 AG Announcement of proposed professional celebrant fee

Announcement received by commonwealth appointed marriage celebrants on the 11 May 2011

Dear Marriage Celebrant

Important information from the Registrar of Marriage Celebrants

I am writing to inform you of a number of important changes in relation to the Commonwealth marriage celebrants program administered by the Australian Government Attorney-General's Department.

These changes will strengthen the profession and ensure marriage celebrants can continue to have a positive impact on the lives of tens of thousands of Australians every year.

Many of you have a long history of providing excellent services to marrying couples and continue to proactively meet all of your obligations.

As you will all be aware, as marriage celebrants you have significant legal responsibilities and perform an important ceremonial role. Failure to properly perform duties can have a significant negative impact on members of the public. The legal requirements imposed on Commonwealth marriage celebrants to retain registration are appropriate and necessary for the authorisation and monitoring of people with such important responsibilities.

The number of registered Marriage Celebrants has grown from around 3,300 eight years ago, to more than 10,300 in 2011. As the number of marriage celebrants increases, it is critical that the Program continues to ensure the high standards Australians rightly expect of marriage celebrants are properly enforced.

Introduction of a professional celebrants fee

The reforms - announced in the Budget on 10 May 2011 - aim to strengthen the professionalism of marriage celebrants and will benefit marrying couples, marriage celebrants, and the community.

Yesterday's announcement includes the introduction of an annual registration fee for Commonwealth marriage celebrants from 1 July 2013. The fee will be known as the 'professional celebrants fee'. We will be consulting extensively with you, your professional organisations, as well as the broader community, prior to the introduction of this reform measure.

The Government has determined that the best way to ensure the Program's long term sustainability and integrity is by recognising that the costs associated with the regulation of Commonwealth marriage celebrants should be met by celebrants themselves, as with other professionals such as migration agents.

This measure will ensure that the Commonwealth Marriage Celebrants Program remains financially and professionally viable over the longer term. It will ensure the Program continues to be effectively regulated and will improve service provision and support to Commonwealth marriage celebrants.

Further information

Additional information on the professional celebrants fee, including a series of questions and answers, will be available on our website at http://www.ag.gov.au/celebrants. I urge you to read this information. The website will be updated regularly over coming months and will include information regarding opportunities for you to participate in consultations on these reforms. This website is the official source of information about the progress of this measure. If you would like to comment on the measure in advance of the consultation process you can email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Monitoring of participation in ongoing professional development

The majority of marriage celebrants are dedicated professionals who comply with all of their obligations, including participation in annual ongoing professional development activities. However, I am aware that some marriage celebrants are not fully meeting their obligations in this respect.

I am taking the step of actively reviewing the extent to which each marriage celebrant has met their annual ongoing professional development obligations. Where a celebrant has been identified as not fully meeting their obligations in accordance with the provisions of the Marriage Act 1961, I will, where appropriate, be imposing disciplinary measures which could include deregistration or suspension. I encourage you all to continue to undertake your professional development activities.

Change of contact details

I would also like to remind you all of the importance of keeping me informed of any changes to your contact details, including your postal address. Under section 39G (c)(i) of the Marriage Act 1961, you are required to notify me, in writing, within 30 days of any change of details to the entry in the Register under your name. Regrettably, a small number of marriage celebrants have been deregistered for failure to provide current contact information. Please be aware that providing updated details to your local Registry of Births, Deaths and Marriages does not meet your obligations.

Please review your current entry in the Register and inform us immediately if any changes are required. If your details have changed, it is sufficient to email This e-mail address is being protected from spambots. You need JavaScript enabled to view it with your new details.

Coming soon - New and Revised Explanatory Materials for Celebrants

The Explanatory Material on the Marriage Act 1961 for Marriage Celebrants contains useful material on your obligations as a marriage celebrant and the legal requirements of a marriage ceremony. To ensure that the information it contains reflects current laws and procedures, comprehensive amendments are being prepared and it is intended that a new version of this document will be published in August 2011. It will be available for download from our "What's New" section on the website. We receive a large number of enquiries from celebrants, many of which can be answered by reference to this material. I encourage you to review this material once it is available.

I trust this information has been of assistance.
Deborah Nance
Registrar of Marriage Celebrants
Australian Government
Attorney-General's Department

From the Attorney General's website

• Reasons for the Government’s action
• About the professional celebrants fee
• The benefits of the measure for Commonwealth marriage celebrants
• Costs and benefits of the measure for marrying couples
• Consultation about the measure
• Where to find information
• Additional information
  
  
  The new reforms to the Marriage Celebrant Program (including the imposition of Registration fees) has been announced in yesterdays Federal Budget.
  
  Reference: The Attorney General's website:
  http://www.ag.gov.au/www/agd/agd.nsf/Page/Marriage_MarriageCelebrantsProgramReforms#about
  
  In the Budget delivered on 10 May 2011, the Government announced a measure to improve the Marriage Celebrants Program. This aims to strengthen the professionalism of marriage celebrants and will benefit marrying couples, marriage celebrants, and the community.

Marriage is an important institution within Australian society. Its significance has long been recognised. A key part of upholding the institution is to ensure that Commonwealth marriage celebrants perform their role professionally and in accordance with relevant standards and legal obligations.

Over the years since its inception in 1973, the Marriage Celebrants Program has grown significantly – to the point where currently about 60% of Australian marriages are performed by marriage celebrants registered by the Commonwealth. The number of registered Marriage Celebrants has also grown from around 3,300 eight years ago, to more than 10,300 in 2011.

People are entitled to expect that those marriage celebrants registered by the Commonwealth are thoroughly versed in the legal aspects of marriage and can be relied on to provide a professional service.

The overwhelming majority of celebrants provide excellent services. We need to ensure these high standards are maintained right across the profession into the future. The measures introduced as part of the Budget will ensure that this occurs. The reforms announced as part of the Budget include the introduction of an annual registration fee for Commonwealth marriage celebrants from July 2013. The fee will be known as the ‘professional celebrants fee’.

The implementation of the fee will follow extensive consultation on its details with marriage celebrants and the broader community.

This measure will ensure that appropriate standards are adhered to, that the Program is effectively regulated, and to improve service provision and support to Commonwealth marriage celebrants. All money collected as a result of the fee will be returned to the administration of the Marriage Celebrants Program on a cost-recovery basis. It will not generate revenue for the Government.

Reasons for the Government’s action

Marriage celebrants have significant legal responsibilities and perform an important ceremonial role. Failure to properly perform duties can have a significant negative impact on members of the public. The legal requirements imposed on Commonwealth marriage celebrants through the Marriage Celebrants Program to retain registration are appropriate and necessary for the authorisation and monitoring of people with such important responsibilities.

It is therefore critical that the Program is adequately resourced to ensure the high standards Australians rightly expect of marriage celebrants are properly enforced.

The Government has determined that the best way to ensure the Program’s long term sustainability and integrity is by recognising that the costs associated with the regulation of Commonwealth marriage celebrants should be met by the celebrants themselves.

The measure to reform the Program announced by the Government will ensure that the Commonwealth Marriage Celebrants Program remains financially and professionally viable over the longer term.

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About the professional celebrants fee

When will the professional celebrants fee be introduced?

The professional celebrants fee will come into effect from 1 July 2013.

Will there be any fee to become or remain a marriage celebrant before 1 July 2013?

No.

Why is it called the ‘professional celebrants fee’?

The name reflects the Government’s commitment to reforming the Marriage Celebrants Program by strengthening the professionalism of marriage celebrants in order to ensure the provision of services of a high standard to the public. The payment of a fee is only one part of this commitment.

Why is it taking so long to introduce the professional celebrants fee?

The Government is committed to extensive and close consultation with Commonwealth marriage celebrants and the broader Australian community to settle the details of the fee structure. The lengthy time frame before implementation of the fee will allow for this to occur.

How much will the professional celebrants fee be?

The structure and details of the fee will be determined during the consultation period. However, the maximum cost per celebrant will be low – the Government anticipates that it will be less than $600 per year. The annual registration fee for a commercial migration agent, by comparison is $1,595.

How will the professional celebrants fee be administered?

The implementation arrangements will be developed over the next two years in consultation with Commonwealth marriage celebrants.

What will the money collected from the professional celebrants fee be used for?

It will be used to ensure that appropriate standards are adhered to, that the Program is effectively regulated and that service provision to Commonwealth marriage celebrants is improved. All money collected as a result of the fee will be returned to the administration of the Marriage Celebrants Program on a cost-recovery basis. It will not generate revenue for the Government.

What about Australians in rural and remote areas – will marriage celebrants in these areas be able to afford to pay the professional celebrants fee and, if they can’t, would there be a risk that rural and remote areas of Australia would be left without marriage celebrants?

The extensive consultation on the fees will consider the specific circumstances of these Commonwealth marriage celebrants.

What about those marriage celebrants who conduct marriage ceremonies on a charitable basis such as for independent religious organisations – they might not be able to afford to pay the professional celebrants fee either?

The extensive consultation on the fees will take account of the specific circumstances of these Commonwealth marriage celebrants.

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The benefits of the measure for Commonwealth marriage celebrants

What benefits can Commonwealth marriage celebrants expect from the introduction of the professional celebrants fee?

Commonwealth marriage celebrants can expect better and timelier access to the Marriage Law and Celebrants Section of the Attorney-General’s Department as well as more timely information provision. They can also expect improved standards of regulation by the Government through the Attorney-General’s Department.

Improved regulation will lead to greater recognition of Commonwealth marriage celebrants as a profession.

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Costs and benefits of the measure for marrying couples

Won’t Commonwealth marriage celebrants just pass the professional celebrants fee on to marrying couples and won’t that just make weddings more expensive?

The estimated cost of a wedding in Australia ranges from $5,000 to over $30,000. An annual registration fee for Commonwealth marriage celebrants will not add significantly to the existing cost of a wedding.

It is of critical importance, given the significant legal responsibilities of Commonwealth marriage celebrants, that those who utilise marriage celebrants registered under the Program have access to high quality services that do not result in invalid marriages.

A better regulated Marriage Celebrants Program will provide marrying couples and their families with more peace of mind that their emotional and financial investment in this special day in their lives will not be marred by unprofessional conduct on the part of the marriage celebrant and that their marriage ceremony will be delivered in accordance with Australian law from the Commonwealth marriage celebrant of their choice.

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Consultation about the measure

What will the consultations be about and how will they be conducted?

Detailed consultation will commence in the second half of 2011 to seek the views of marriage celebrants and other interested parties on how the professional celebrants fee scheme could be introduced to ensure that the need to address the professional standards of Commonwealth marriage celebrants is addressed. There will also be consultation on implementation arrangements.

The consultation process will include meetings with associations representing Commonwealth marriage celebrants as well as communication directly to Commonwealth marriage celebrants.

Information about the consultation process and the progress of the measure will be provided on this website and marriage celebrants should monitor this website regularly to ensure they keep up to date with progress and are able to take advantage of opportunities to participate in the consultation process.

When will consultations commence?

The formal consultation process will commence in the second half of 2011. Information will be provided on this website.

Will representative associations for Commonwealth marriage celebrants be consulted?

Yes. Representative associations for Commonwealth marriage celebrants, including the Coalition of Celebrant Associations (CoCA), will be regularly consulted throughout the implementation of the measure.

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Where to find more information

Where can I get up-to-date information about this measure and consultation process?

Information about this measure, and the consultation process, will be provided on this website. This website is the official source of information about the progress of this measure.

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Additional information

Is the introduction of this measure signalling that the Government believes that Commonwealth marriage celebrants generally are of poor quality?

No. The Government acknowldges that marriage celebrants play a critical role in Australian society and the vast majority of celebrants perform this role to a very high standard. However, the quality of services provided by Commonwealth marriage celebrants does vary significantly.

Given that marriage celebrants perform an important role in the community and one that carries many responsibilities including significant legal ones, the Australian community is entitled to expect that those marriage celebrants registered by the Commonwealth to perform marriages fully understand and comply with all legal obligations and can be relied on to provide a professional service.

The Government is committed to ensuring the continuous improvement of the professional standards of all Commonwealth marriage celebrants as well as their compliance with their obligations under the Marriage Act 1961.

What other measures has the Government taken to improve the standard of Commonwealth marriage celebrants?

The professional celebrants fee is a continuation of other recent reforms initiated to strengthen the standards expected of Commonwealth marriage celebrants.

Successive Governments have sought to develop mechanisms to better guarantee the quality of services offered by Commonwealth marriage celebrants.

In 2002, the former Government introduced legislation to establish a statutory framework for all marriage celebrants registered by the Commonwealth. This framework included requirements for training and professional development, as well as the introduction of a Code of Practice and reviews of performance.

The Attorney-General, Robert McClelland, has overseen a number of steps to strengthen the Marriage Celebrants Program. These steps include the following:

• Promoting and recognising the development of the Coalition of Celebrant Associations (CoCA) as a representative body for Commonwealth marriage celebrants. CoCA initially met in October 2008 and now provides a voice to the Government on behalf of Commonwealth marriage celebrants. In 2010 the Attorney-General’s Department concluded a Protocol with CoCA, which provides a formal basis for a productive and collaborative relationship.
• From February 2010, the Government has increased the level of qualification required for initial registration as a marriage celebrant from a single unit of training to a full Certificate IV in Celebrancy, comprising 13 units of training, to ensure that marriage celebrants are fully trained in both their legal obligations and the importance of their ceremonial role.
• The Government has also introduced new administrative processes to ensure the provision of higher quality ongoing professional development to marriage celebrants