Marriage (Celebrant Professional Development) Statement 2026

The direct class of persons affected by this instrument is all marriage celebrants registered under the Marriage Act 1961 who are subject to the professional development requirements in regulation 53 of the Marriage Regulations 2017. This includes both religious and civil celebrants, though the instrument does not distinguish between them. It does not affect celebrants who are exempt from PD requirements under the Regulations (if any exemptions exist), but the instrument itself does not mention exemptions. The indirect effects extend to the couples marrying in 2026, because the compulsory activities cover topics such as separate meetings (likely referring to the requirement to meet each party separately before the ceremony) and knowledge of the law, which may affect the quality and legality of marriage ceremonies. The Commonwealth Attorney-General’s Department is affected as the mandated provider; it must develop, deliver, and possibly assess these activities. The instrument also affects any private training providers who might otherwise supply PD to celebrants , they are excluded from the 2026 list. Independent celebrants, especially those who operate part-time or in remote areas, face disproportionate opportunity costs from compulsory attendance at AGD-delivered activities, especially if those activities are scheduled at fixed times or locations. The instrument does not list any alternatives for those unable to attend. Celebrant organisations and industry groups are indirectly affected because their own PD offerings cannot be credited unless the instrument is amended or unless the Regulations allow non-AGD activities , the instrument does not address that. Finally, the instrument’s repeal of the 2025 Statement means celebrants who saved records of 2025 activities must now rely on a new set of activities for 2026.

The instrument imposes one explicit duty: marriage celebrants must complete the compulsory professional development activities set out in items 1 and 2 of the table in section 6. Those two activities total 120 minutes of training. The instrument does not state the consequence of failing to complete them; that is left to the Regulations or the Marriage Act. However, by necessary implication, failure would breach regulation 53 and could jeopardise continuing registration. The instrument confers a right (or option) to also complete the additional activities in items 3, 4, and 5. These are not compulsory, but completing them may help a celebrant meet any minimum PD hour requirement in the Regulations. The instrument does not specify a maximum number of additional activities that can be counted. The right to choose which additional activities to do is circumscribed: all activities are from the same provider (AGD), so there is no right to choose a private course. The instrument does not state that celebrants have a right to access these activities free of charge; any cost is a matter between AGD and the celebrant. Neither does it grant a right to substitute alternative activities if the listed ones are inaccessible (e.g., due to disability, location, or scheduling). The instrument does not set a deadline within which the compulsory activities must be completed during 2026, so presumably they can be done at any point in the calendar year. The duties attach to the celebrant individually; there is no provision for employer or organisation to complete them on behalf of the celebrant. The instrument does not create any rights for couples or third parties. It is silent on record-keeping duties, but in practice celebrants should retain certificates or records of completion for potential audit by the Registrar of Marriage Celebrants.

The Marriage (Celebrant Professional Development) Statement 2026 does not itself create any penalties. It is a listing instrument that feeds into the broader enforcement machinery of the Marriage Regulations 2017 and the Marriage Act 1961. The likely enforcement mechanism is indirect: a marriage celebrant who fails to complete the compulsory activities (items 1 and 2) would not satisfy the professional development requirement under regulation 53. This could lead to the Registrar deciding not to renew the celebrant’s registration, or suspending or cancelling it, under powers in Part 4 of the Marriage Regulations or section 39 of the Marriage Act. The instrument does not specify what evidence is required to prove compliance, nor does it set a deadline for completion within the year. The Attorney-General’s Department, as provider, would likely maintain attendance records, but the instrument does not impose an obligation on the Department to verify completion or to report failures to the Registrar. There is no civil penalty provision or criminal offence created by the instrument. However, if a celebrant falsely claims to have completed an activity, general law relating to fraud or misleading conduct under the Marriage Act could apply. The instrument also does not address what happens if AGD fails to make the activities available in a timely manner , that is an implementation risk for celebrants. The repeal of the 2025 Statement does not impose any penalty for having relied on the 2025 activities in 2025; it simply removes that year’s list from the statute book. Overall, the enforcement lever is the threat of losing the right to solemnise marriages, which is a severe economic and reputational penalty for a celebrant, especially one who depends on that income.

The instrument sits directly beneath the Marriage Regulations 2017, specifically subsection 53(3). Regulation 53 is the primary source of the professional development obligation for marriage celebrants; this instrument merely fills in the details for 2026. It does not amend or repeal any part of the Marriage Regulations or the Marriage Act 1961. It interacts with the Marriage (Celebrant Professional Development) Statement 2025 by explicitly repealing it in Schedule 1, making it clear that the 2026 activities stand alone and that the 2025 list has no continuing effect for 2026 (though 2025 activities presumably already counted toward 2025 obligations). There is no interaction with state or territory marriage laws, because marriage is a Commonwealth matter under the Marriage Act. The instrument may interact with other Commonwealth instruments that impose continuing professional development requirements on related professionals (such as migration agents or legal practitioners), but it does not cross-reference them. It does not interact with tax laws, though the cost of PD may be deductible as a work expense; the instrument is silent on that. It does not interact with privacy laws; the collection of celebrant attendance data by AGD would be governed by the Privacy Act 1988, but the instrument does not address data handling. The instrument’s interaction with the general law of contract is minimal; celebrants may need to enter a contract or register with AGD to access activities, but the instrument does not require that. The instrument does not purport to override any other laws. Importantly, the instrument does not create a private right of action for couples who suffer loss due to a celebrant’s failure to complete PD; any such action would be under the common law or under the Australian Consumer Law if services were provided without proper training.

The only amendment contained in this instrument is the repeal of the Marriage (Celebrant Professional Development) Statement 2025, effected by Schedule 1. That provision is the entirety of the schedule. No other amendments are made. The instrument does not amend the Marriage Regulations 2017 or any other instrument. It is itself a new instrument, not an amending instrument (except for the repeal). The 2025 Statement had previously served the same function for that calendar year. The legislative pattern is annual: each year a new Statement is made, listing the PD activities for that year and repealing the previous year’s Statement. The instrument does not state whether the 2026 content differs substantially from 2025, but the different activity codes (e.g., 26AGD001 vs presumably 25AGD001) suggest a fresh set. The instrument does not contain transitional provisions, so it is silent on whether partially completed activities under the 2025 Statement can be rolled over. It also does not address whether activities that were compulsory in 2025 remain relevant knowledge, but that is a substantive rather than legal issue. The instrument’s own amendment history is not captured here; it is as originally made. Because it is a legislative instrument subject to disallowance by either house of Parliament, it could theoretically be amended or disallowed in the future, but the instrument itself does not contemplate further amendment. The parental instrument, the Marriage Regulations, could also be amended, which might affect the operation of this Statement. However, as at the time of this Statement, no such amendment is referenced.

The instrument itself has no litigation history; it is newly made for 2026 and has not been tested in court. The parent legislation and its predecessors may have been the subject of judicial consideration. For example, the Marriage Act 1961 has been litigated on various grounds, but not specifically on the validity of celebrant PD instruments. The instrument is a legislative instrument made under a regulation-making power, so it could be challenged on administrative law grounds such as unreasonableness, ultra vires, or failure to comply with the Legislation Act 2003 (e.g., registration, tabling, or disallowance). Because the instrument is made under subsection 53(3) of the Regulations, any challenge would likely need to show that the activities listed are not ‘professional development activities’ within the meaning of the Regulations, or that the compulsory designation is not authorised by paragraph 53(3)(b). No such challenge is on record. The Attorney-General’s Department, as provider, could be subject to judicial review if it unreasonably denies access to activities or fails to deliver them. But again, no cases. The repeal of the 2025 Statement is unlikely to generate litigation because it simply removes a spent instrument. The instrument does not create private rights, so class actions or individual claims by celebrants are improbable unless a celebrant can show economic loss from being deregistered due to an ambiguous or inaccessible PD activity. That would be a challenge to the enforcement of the PD requirement, not directly to the instrument itself. In summary, no litigation has been identified, and the instrument is designed to be a straightforward annual administrative tool that should not generate court disputes if properly implemented.

Several aspects of the instrument warrant close attention. First, the provider is exclusively the Commonwealth Attorney-General’s Department for every activity. Celebrants cannot use alternative courses offered by other bodies, such as the Celebrants Association or private training organisations, to satisfy the compulsory or additional PD requirements. This creates a monopoly supplier, which may lead to scheduling bottlenecks, lack of competition on quality, and potential accessibility issues. If AGD fails to deliver the activities on time or in a format suitable for all celebrants, there is no fallback. Second, the compulsory hours total 120 minutes (45 + 75). Celebrants who already hold deep expertise in the topics may resent being compelled to spend two hours on basics, but the instrument does not allow exemptions or prior learning credit. Third, the instrument commences on the day after registration on the Federal Register of Legislation. If registration occurs after 1 January 2026, celebrants may face a period where no current Statement is in force, creating legal uncertainty about what PD they must do. The instrument does not validate activities done before its commencement. Fourth, the activity titles are vague: “Separate Meetings , Compulsory” (item 1) is not defined. It likely refers to the requirement to meet each party separately before solemnisation, but the instrument does not elaborate. Celebrants must trust that the delivered content matches the title. Fifth, the additional activities (items 3, 4, 5) are each 60 minutes. There is no indication whether completing all three would count toward some higher threshold, nor whether they can be taken in any order. Sixth, the instrument does not state that the compulsory activities are prerequisites for the additional activities. Seventh, the repeal of the 2025 Statement means that any celebrant who, in 2026, refers to the 2025 list under the mistaken belief it is still current will not be credited. Eighth, the instrument makes no provision for celebrants who are registered partway through 2026 , do they need to complete all compulsory activities retroactively? Unclear. Finally, there is no mention of cost. If AGD charges a substantial fee, the compliance burden could be significant for low-volume celebrants. Always read the Regulations in conjunction to understand total PD hours required and enforcement.

To comply with the obligations set out in the Marriage (Celebrant Professional Development) Statement 2026, a marriage celebrant should take the following steps. First, obtain access to the activities offered by the Commonwealth Attorney-General’s Department. As the instrument designates AGD as the sole provider, celebrants must use the Department’s platform, whether online or in person, to enrol. There is no alternative provider. Second, confirm which activities are compulsory: items 1 (Separate Meetings , Compulsory, code 26AGD001, 45 minutes) and 2 (Knowledge of the Law (No 1) , Compulsory, code 26AGD002, 75 minutes). These must be completed within the 2026 calendar year to satisfy the compulsory PD component. The instrument does not specify a deadline within the year, but it is prudent to complete them well before December to avoid last-minute unavailability and to allow for evidence collection. Third, consider whether the Regulations (not this instrument) require a minimum total number of PD hours beyond the compulsory 120 minutes. If so, one or more of the additional activities (items 3, 4, or 5) can be undertaken. The instrument does not limit how many additional activities count, so taking all three would give 180 additional minutes (3 x 60). Fourth, maintain records of completion, such as a certificate, email confirmation, or screen capture from AGD’s system. The instrument does not prescribe the form of evidence, but given the potential for audit by the Registrar of Marriage Celebrants, credible documentary proof is essential. Fifth, be mindful that the 2025 Statement has been repealed. Do not rely on any activities listed in that instrument for 2026 compliance. If you completed PD in 2025, ensure you have separate records for that year and do not count them toward 2026. Sixth, check the instrument’s commencement date. If it is registered after 1 January 2026, there may be a gap period. In that case, monitor the Register for the exact registration date and, if necessary, seek guidance from the Department or the Registrar on whether any PD done before commencement will be recognised. Similarly, if you are registered as a celebrant after the instrument commences, confirm whether you must catch up on compulsory activities immediately. Seventh, if the AGD activities involve any cost, budget for it and ensure payment does not prevent access. Finally, keep a copy of the instrument itself together with your compliance records, because the instrument sets out the legal basis for the activities you have completed. Following these steps will place the celebrant in a strong position to demonstrate compliance should their registration be reviewed.