Tag Archives: appointment of celebrants

Re the number of celebrants and the sustained deluging of the market (Australia).

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I am still alarmed that no discussion seems to be allowed on the one and most important problem, which is so destructive of the celebrant program—that of excessive numbers.
I keep my ear to the ground and talk to celebrants and the general public all the time. There are a few quite wonderful celebrants who, by dint of skilled advertising on the internet and a good reputation, manage to gain enough ceremonies to earn a part-time income. There are a few celebrants who are so well off financially that they are able to spend a great deal of money to hire internet skills.

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RIP Brian McInerney—Pioneer Funeral Celebrant

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Reader of poetry par excellence

Brian McInerney
Brian McInerney:
Pioneer Funeral Celebrant

By his friend  Dally Messenger III

Brian McInerney died on December 22nd, 2014
This heart was woven of human joys and cares,
Washed marvellously with sorrow,
swift to mirth.

The years had given him kindness.
Dawn was his,
And sunset,
and the colours of the earth.

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The Lionel Murphy Civil Celebrant – A Fit and Proper Person – Suzanne Ingleton

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LIONEL MURPHY – FIT & PROPER PERSON

LIONEL MURPHY
Is the founder of the Civil Celebrant Program. Most celebrants – especially the excessive numbers since the tragic downgrading of 2003 – have never heard of him – or his ideals of professionalism and quality.MLATPOH_

What should happen – Lionel Murphy and his work should be known and honoured. Those who drink the water, should remember those who dug the well. His achievements should be the subject of a three hour OPD (at least).

——————————————–
FIT & PROPER PERSON
No unaccountable officer or even an accountable officer should have the power to destroy people’s lives by making such a decision about a person, or branding a person in such a way.
In the Age of the Internet this tag of not “fit and proper” on a person’s reputation is like a criminal record. Used in a cavalier way by a public servant, I have seen it almost destroy one person’s life. The decision about this celebrant is still on the internet!

What should happen – Applications to become a celebrant should simply be accepted or rejected without such branding. Reasons should be given for such a rejection and an appeal process, which an ordinary person can afford, should be part of the process. Better still, as has often been proposed, a balanced committee should decide how many celebrants are needed to provide a balance in a natural geographical area. Would be celebrants should apply, be shortlisted in the usual manner by an independent person, and the best applicants should be chosen.

Abuse of power by the public service in the Attorney-General’s Department

Take the police – as I write this there are 61 police officers with charges against them in Victoria. In other words, people who have legal powers, as individuals, should be accountable. The police have the OPI – Office of Police Integrity – to check on the abuse of power – the public service has no one to check on them. (The ombudsman and the AAP have in a very restricted number of cases. The ombudsman only intervenes if it is in the previous 12 months, and the AAP is very expensive (legal representation). It is no use complaining to the Minister because the letter usually goes straight through to the public servant one is complaining about !
So where can the celebrant or citizen turn for redress when such power is abused? To declare a person, not “fit and proper” should not be allowed except under the signature of the Minister and then in only very serious circumstances.

Suzanne Ingleton – a case of abuse by the Attorney-General’s Department

In the case of Suzanne Ingleton – a person declared not “fit and proper” by the Registrar of Marriages – the Administrative Appeals Tribunal upbraided the Registrar for

– signing a false affidavit

– interpreting the law wrongly

– acting “ultra vires”

– disrespect for the tribunal

– making a groundless decision etc

–   -no action was ever taken ! Ms Ingleton is still on the internet as being accused.

A Valid Marriage -Yes or No?

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Was this older civil Marriage celebrant ignorant of the Marriage Act?

I’ve just witnessed (on video) a recent country wedding conducted by a civil celebrant. What astounded me was that the celebrant:
a. did not state they were legally authorised to conduct the marriage
b. the Monitum was not spoken
c. neither party to the marriage said the compulsory legal vow

This celebrant was authorised more than 20 years ago, according to the AGD register of civil celebrants so they’ve been around long enough to know better, or are there different rules for the “elders” amongst our ranks. I’m very curious to hear others’ opinions.
(signed by friend)

My reply regarding valid marriages

I suppose I’d be classed as an elder.
You may not have known that we “older” celebrants were given a book of legal interpretations from 1995. It was a book which had been valid since 1973. We also had access to GOOD advice – The public servants in charge of the downgrading of celebrancy in 2003 defied the precedents of 30 years of interpretation. Hence they made a lot of mistakes and invented lot of stuff which you may think is “correct”- 

Since the downgrading we have had four revisions –
Explanatory notes 1,
Explanatory Notes 2,
When Words are not enough. 3.

And now the latest
“Guidelines for celebrants” 4 –
which, the first time I opened it, I saw a serious error (checked by my lawyer friends). (Note that the Department have now nearly come back to square one i.e 1973 – 1995).

For example, the interpretation for vows for thirty years was “as long as the words of the vows conveyed to those present that the couple were taking each other in marriage”.

For example, on the business of names – when you boil it down anyone can be any name they seriously choose to be. God knows how much unnecessary pain the recent erroneous interpretations have caused people.
—
I wrote this article for the AFCC magazine – some really ignorant people made disparaging remarks about it – but check it out – it is important – and it is correct.
http://www.collegeofcelebrancy.com.au/pages4/Sect_48-Marriage_Act.html
Finally, may I say that I hereby cast a pox on anyone who says I am not exact with the law or that I do not advocate it in my training courses. We are all bound by the same GENUINE rules of interpretation; we are not bound by the changing legal whims of public servants who have never been celebrants.
A lot more could be said –
etc etc
PS. Certain people in the celebrant political world, for the basest of motives, have been trying for some years, to drive a wedge between “old” and “new” celebrants -(the AFCC recently tried to get rid of Life Members!!) please don’t fall for it – we are all in this wonderful opportunity together.