Marriage Celebrants E-bulletin February 2003
Welcome to the February 2003 issue of the e-bulletin for marriage celebrants.
The contents of e-bulletins apply equally to civil and non-aligned religious marriage celebrants authorised by the Attorney-General under section 39(2) of the Marriage Act.
We encourage you to distribute this e-bulletin to your members and/or to other parties likely to have an interest. Permission to re-print any part of this e-bulletin is provided subject to your agreement that its contents are not edited or changed.
This e-bulletin is made available on the internet within 24 hours (unless there are exceptional circumstances) and can be accessed at the following address: www.ag.gov.au/celebrants.
While we will continue to distribute the regular e-bulletin via email in the immediate future, over time, interested parties should access the internet version direct where regular updates will be posted without the necessity for duplication through email messages.
2003
Happy New Year to you! 2003 promises to be a big and exciting year for all of us!
Progress on reforms
I know that you are all anxious about when the reformed system for marriage celebrants is going to commence. We hope it will not be too much longer but the exact date is not yet decided. The Attorney-General will decide on the date in due course. Rest assured as soon as the date is decided celebrants will be notified via the e-bulletin and the website. ALL celebrants will be mailed a package which will set out the full details of the reforms and what will be expected of you after the date of implementation. None of the reforms to the marriage celebrants program have been implemented as yet.
Professional development seminars
A marriage celebrant forwarded to the Department information about forthcoming seminars being run by a celebrant association. The information contained the following statement:
The Attorney-General's Department has advised that all new and existing Marriage Celebrants in Australia are required to undertake Professional Development from 2003. These meetings will assist you to meet your new obligations and obtain the required number of hours.
The Department has already communicated its concerns about the above statement to the Association concerned and requested that it take steps to notify people to whom they have sent the notice of the inaccuracies in the statement. The Association has provided to us a copy of the letter they indicated they intended to forward correcting the information.
To reiterate, the new system will come into operation on a date to be advised. That includes the requirements for professional development. All celebrants will be individually notified of the requirements once these are finalised and in advance of the implementation date. There are currently no requirements to undertake professional development and there will not be until the new system commences. The obligations applicable to celebrants will be contained in regulations which are still being drafted. Therefore the statement from the Association concerned outlined above is not correct. The seminars being referred to will not assist the celebrants to meet the new obligations and obtain the required number of hours because these are yet to be finally determined.
I would appreciate the assistance of all Associations in passing this message on to celebrants who do not have access to the internet or who would not otherwise receive this e-bulletin.
Professional development - questions and answers
You will recall that Wendy Spicer wrote to all Associations seeking input into the development of professional development for marriage celebrants. Thank you for your response. We received a good response from Associations and a large number of responses from non-aligned religious marriage celebrants. Many Associations asked questions about professional development. We have tried to answer these questions as far as we are able at present and the questions and answers are attached to this e-bulletin.
Registered Training Organisations
We have been advised by Community Services and Health Training Australia (CSHTA) that the Community Services Training Package containing the marriage celebrants unit was endorsed on 23 December 2002. We are further advised that there are several procedural hoops that need to be gone through before the package is finally available to be used by registered training organisations. CSHTA, with the assistance of the Department is currently working to try to provide the greatest range of training service providers to aspiring marriage celebrants.
The Department has recently seen claims that certain organisations are already registered training organisations and are hence able to deliver the training or are in a position to recognise prior learning. Registered Training Organisations can be found on the ANTA website at www.ntis.gov.au. CSHTA advises that if organisations are not there they are not registered training organisations for the purposes of this unit. Questions on the issue of registration of organisations should be directed to CSHTA.
I want to also emphasise that the completion of a Diploma will not be necessary for registration as a marriage celebrant. The Department will require the completion of the one unit 'Plan, Conduct and Review a Marriage Ceremony' to Statement of Attainment level. The completion of qualifications over and above that is a matter for individuals.
Shortening of time guidelines
The new regulations which will outline the grounds on which prescribed authorities may grant a shortening of time are currently being developed. They are not in operation at present but will be completed within the next few weeks. Celebrants will be notified by e-bulletin and the web site when the regulations are finalised. Information concerning the regulations will be included in the package on the new system to be sent to all celebrants.
Notice of Intended Marriage
Please note that if you are printing the NIM form from the internet it is vital that you print all four pages. The important information containing the privacy notice is on page 2 and it is crucial that couples are given the information and are able to read it. The first two pages also contain the instructions for completing the form. Once again it is vital that couples read the instructions prior to the form being completed.
Deborah Nance
Principal Legal Officer
Marriage Celebrants Section
Family Law & Legal Assistance Division
ATTACHMENT
Questions and Answers Arising from OPD Consultation
- What qualifications will be required of instructors?
Associations could deliver many activities, particularly those of choice. However, in some instances legal qualifications or a specific level of expertise may be required. In essence, legal and other technical items would only be delivered by registered training organisations or other trained personnel (such as Attorney-General's Department or Registry of Births, Deaths and Marriages personnel) to ensure accuracy and consistency in information
- Will future instructors need formal qualifications/training (as compared to current situation where association members perform the role or where associations use outsiders with particular expertise)?
Consistency of information between associations is essential - the Department may be able to provide guidance in the way such matters are handled. It would not be acceptable for different associations to deliver different interpretations of Marriage Act matters to their respective members.
Expert training will be required to be delivered by trained personnel and, as the new system progresses, we would expect only trained professionals to deliver such activities as is the case with other professions.
If associations provide sessions on, say, the use of the internet, they would be required to ensure that the presenter was qualified in that field of expertise. That is, it would not be adequate to have a member of the association who happened to be interested in the internet run a session for official OPD purposes. This is not to say that any person from an association could not run additional professional development over and above official requirements.
Sessions such as the use of material in ceremonies may be best conducted by experienced celebrants.
- Will celebrants, including non-aligned religious marriage celebrants, be encouraged or forced, to join celebrant associations?
Joining a celebrant association of itself would not constitute an activity for ongoing professional development purposes.
While the Department considers membership of an association advantageous to individuals and the program as a whole, there will be no forcing of any individual to join an association.
- OPD should be delivered face to face as it will be of greater value due to the input of other attendees and the social interaction
In many cases, it will not be possible for celebrants to physically attend face to face activities. This may be due to remoteness of residence or for a variety of other reasons. As such, as many activities as possible will be made available on-line or through another distance form of education in addition to face to face activities.
- How do I go about presenting sessions as well as attending OPD?
We would expect that organisations such as celebrant representative bodies will be authorised to provide some ongoing professional development. People wanting to present sessions would be required to wait until OPD is finalised in terms of where and by whom activities would be available. If a person was qualified in a particular subject matter, they could make themselves and their expertise known to their association. For activities to be presented by the Adult and Community Education sector, for example, then the celebrant would need to make contact with such organisations to determine the requirements of tutors for that organisation.
- Will celebrants need to pay for attendance at compulsory activities?
That would depend on who is delivering the activity and whether they impose charges. Attendance would not be subsidised by the Government. It is possible that some activities will incur a charge while others may be offered at no cost.
- Will assessment be required after having attended compulsory activities?
In order to demonstrate attendance at appropriate OPD, the Department will require evidence of attendance. If the provider operates an assessment scheme, that may be something that a celebrant may need to complete.
In order to ensure that on-line users can provide evidence of participation, it may be necessary to have those participants fill in a form for return to the Department with the annual return listing professional development activities undertaken.
- Will the activity be recognised towards a qualification?
Undertaking ongoing professional development itself will not constitute a qualification.
In order to achieve a qualification, an individual would be required to complete the training. It may be possible that the qualification for marriage celebrants as developed by Community Services and Health Training Australia is offered in components, the successful completion of all of them resulting in a qualification at an accredited, recognised training organisation.
This is a matter that only registered training organisations can comment on.
- Will it be necessary for existing celebrants to do both compulsory and choice training each year?
Yes.
- What if all compulsory elements have been completed by celebrants?
The Registrar of Marriage Celebrants will publish a revised list each year. While some activities will stay on the list for a number of years, new activities will continue to be added each year.
It is expected that each celebrant will be required to undertake both compulsory and choice activities each year. It is not anticipated that a celebrant will run out of activities.
- If an Association is providing 'choice' training, can the training only be conducted by a certified trainer?
Yes, if the completion of training is to be awarded evidence of professional development then attendance warrants professional delivery of training by an accredited trainer and/or by a person qualified in the particular area of expertise. This may include experienced celebrants in appropriate circumstances.
However, associations can provide professional development over and above that required for continued authorisation and in this instance it would be left to the association to decide whether qualified personnel are used to deliver training in any particular subject.
- How does the point system work?
Points will be awarded to compulsory activities and to activities of choice. It will be necessary for each celebrant to attain a minimum of points.
Compulsory and choice activities will be undertaken each year. Of course, celebrants could attend more activities if they wanted to, but would not provide points towards the following year.
For example, it may be determined that 10 points are required to meet annual OPD. So, if 7 points were awarded to each compulsory activity, and 3 to choice, then attending one activity from each list would give the celebrant the 10 points required.
- Access to local BDM
This is not an activity for ongoing professional development in itself but it will be advised to BDMs that celebrants seek and rely on accessibility.
- Is compulsory training rewarded with extra qualifications?
Attendance at one compulsory activity per year and at least one choice activity per year will enable the celebrant to meet their ongoing professional development requirement. Extra ?qualifications? would only be awarded in the event that a celebrant undertook each component of the training unit for marriage celebrants through an accredited and registered training organisation providing that training unit. Whether that will be possible will be a matter for each registered training organisation.
- What if a celebrant had a wedding booked on the day the conference was called?
It is envisaged that celebrants will be able to attain their minimum requirements through a variety of means and not only by attending a conference. In the event that a clash of dates occurred, it would be necessary for the celebrant to manage their own affairs so as to ensure the professional development was undertaken.
- How would country celebrants be serviced and allocated points?
We envisage that ongoing professional development activities will be available via distance education or on-line. The same points would be awarded for completing activities regardless of where a celebrant lives. Celebrants could speak with their associations about the best ways of staying abreast of issues. It is also advisable that celebrants make themselves aware of how to access the internet in their local community ? such as through the library, school, community group, etc.
- Will unqualified guest speakers at conferences be included as professional development points?
This would largely depend on the expert ise of the speaker and whether their 'topic' has been approved as an activity for the purposes of ongoing professional development. However for sessions with content such as items on the law we would expect appropriately qualified professionals to provide the training.
- Why not allow a longer period for attaining OPD goals - such as over three years but with a minimum number of hours required in any given year?
The Marriage Act as amended by the Marriage Amendment Bill 2002 specifies annual ongoing professional development.
- Why not just target people for professional development who lack the necessary, or desired, skills?
During the review of the Marriage Celebrants Program, the Attorney-General agreed that existing celebrants would not be required to undertake the formal training in order to maintain authorisation. However, ongoing authorisation will be subject to meeting certain requirements including ongoing professional development, adherence to the Code of Practice, etc. This requirement forms part of the changes to the Marriage Act.
- Would it be necessary to complete everything on either the compulsory or choice lists?
No. In any given year, a celebrant will only be required to choose activities from each list which will bring them to the points necessary to meet OPD requirements. It is expected that individual celebrants would choose those activities which most relate to their needs or where they consider they require additional development.