CHAPTER 1

CHAPTER 1

INTRODUCTION

1.1        On 20 March 2013, the Marriage Amendment (Celebrant Administration and Fees) Bill 2013 (Administration and Fees Bill) and the Marriage (Celebrant Registration Charge) Bill 2013 (Charge Bill) were introduced into the House of Representatives by the Attorney-General, the Hon Mark Dreyfus QC MP.[1] On 21 March 2013, the Senate referred the provisions of both bills to the Senate Legal and Constitutional Affairs Legislation Committee (committee) for inquiry and report by 18 June 2013.[2]

Purpose of the bills

1.2        All persons who solemnise marriages in Australia must be authorised under Division 1 of Part IV of the Marriage Act 1961 (Cth) (Marriage Act). That Division establishes three categories of authorised celebrants:

1.3        The bills seek to implement a 2011-12 Budget measure, to introduce cost recovery for the third category only from 1 July 2013.[3]

Previous consultations on measures contained in the bills

1.4        In 2011 and 2012, the Department conducted two public consultations on the cost recovery measure announced in the 2011‑12 Budget. The peak representative body for celebrants, the Coalition of Celebrant Associations (CoCA), was involved in both the 2011 consultation and the 2012 consultation.

2011 consultation

1.5        In late 2011, the Department consulted publicly on the introduction of an annual registration fee (2011 consultation). Seventeen face‑to‑face meetings were held nationally throughout October and November 2011, and over 280 written submissions were received by December 2011 in response to a call for submissions.[4]

1.6        The Department reported the key issues arising from the 2011 consultation, and advised that these matters would be considered by the Department as it developed the reform.[5] As part of its report, the Department also outlined the key stages of the reform, which included the release of a consultation paper in mid-late 2012 to allow interested stakeholders a further opportunity to comment on the proposals.[6]

2012 consultation

1.7        In August 2012, the Marriage Celebrants Program, Program Improvements through Cost Recovery consultation paper was released (consultation paper), with the Department calling for submissions by 24 September 2012 (2012 consultation). The paper detailed the proposed cost recovery arrangements, as well as proposed key changes to the Marriage Celebrants Program. The Department explained the dual purpose of the reform:

While cost recovery will form an integral part of the Program once implemented, the Department is also determined to provide improved services and value for money to Commonwealth‑registered marriage celebrants. The benefits of proper regulation of the Program will also flow on to marrying couples as the end users of an improved Program.[7]

1.8        The consultation paper acknowledged the significant feedback received from stakeholders during the 2011 consultation, particularly in relation to the charging structure and proposed improvement to services:

[T]he Department has considered ways to improve its service delivery to, and regulation of, marriage celebrants. It engaged an external consultant to cost this service delivery and regulation and formulate a charging structure that would prove reasonable, as well as reflect value for money for celebrants. A 'bottom up' methodology was used to cost the charging structure, involving a detailed analysis of the celebrant population and the relevant steps in each proposed [process] with improved efficiencies.[8]

1.9        The Department advised in August 2012 that the following charges would apply to the Marriage Celebrants Program from 1 July 2013:

1.10      The consultation paper noted the proposition that the registration charge could be based on a sliding scale. However, 'the Department considered the principles of fairness and equity in how it delivers services to celebrants' and concluded that a flat fee ought to be charged:

[T]he Department carefully considered the argument that many celebrants perform few weddings and should therefore be subject to a lower charge. To do so under a cost recovery arrangement, the Department would be required to demonstrate that it more actively regulates those celebrants that perform more marriages. Given that it can also be argued that those celebrants who perform more weddings may require less regulatory effort from the Department, a sliding charge is unsuitable.[10]

1.11      The consultation paper indicated also that exemptions from payment would be available to celebrants operating in remote, very remote or migratory areas (as defined by the Australian Bureau of Statistics' Remoteness Structure classifications), and those celebrants affected by 'special circumstances'.[11] A brief description of what might constitute 'special circumstances' was provided in the consultation paper:

'Special circumstances' are beyond the celebrant's control in situations which a reasonable person would consider is not due to the celebrant's action or inaction, either direct or indirect, and for which the celebrant is not responsible. The situation must be unusual, uncommon or abnormal to celebrants and the profession generally. It might include serious ill health at a level that renders the marriage celebrant unable to perform their duties as a marriage celebrant, family issues or extended periods of leave.[12]

1.12      As in the 2011 consultation, the Department outlined the next stages of the reform, including the development of a Cost Recovery Impact Statement (CRIS). The CRIS is intended to reflect the outcomes of the two consultations and will be made available on the Department's website by 30 June 2013.[13]

1.13      The Department advised that 72 submissions were received in relation to the 2012 consultation, leading to two meetings with CoCA to discuss the proposed changes.[14]

Key provisions of the bills

1.14      The key provisions of the two bills are described below.

Administration and Fees Bill

1.15      The Administration and Fees Bill seeks to amend the Marriage Act to:

Charge Bill

1.16      The Charge Bill seeks to provide legislative authority for the Commonwealth to charge celebrants an annual cost recovery levy.[16] The key provisions of this bill:

Conduct of the inquiry

1.17      The committee advertised the inquiry in The Australian on 27 March 2013. Details of the inquiry, including links to the bills and associated documents, were placed on the committee's website at www.aph.gov.au/senate_legalcon. The committee also wrote to 26 organisations and individuals, inviting submissions by 26 April 2013. Submissions continued to be accepted after that date.

1.18      The committee received 113 submissions and a number of form letters for this inquiry, which are listed at Appendix 1. All submissions and some examples of the form letters were published on the committee’s website.

1.19      The committee held a public hearing on 24 May 2013 at Parliament House in Canberra. A list of witnesses who appeared at the hearing is at Appendix 2, and the Hansard transcript is available through the committee's website.

Acknowledgement

1.20      The committee thanks those organisations and individuals who made submissions and who gave evidence at the public hearing.

Note on references

1.21      References to the committee Hansard are to the proof Hansard. Page numbers may vary between the proof and the official Hansard transcript.

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