Australian Bureau of Statistics – Acting Australian Statistician – Appointment 2018
I, the Honourable Paul de Jersey AC QC, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under subsection 15(1) of the Australian Bureau of Statistics Act 197, appoint Teresa Dickinson
and Luise McCulloch to act alternately in the office of Australian Statistician during all periods when the holder of that office is absent from duty or from Australia or is, for any other reason, unable to perform the duties of that office, as follows:
(a) Teresa Dickinson is to act in the office during the first period of that kind commencing on or after the date of this instrument; and
(b) during each subsequent period of that kind, the alternate appointee will act in the office, if that appointee is available to do so.
Dated: 29 June 2018
Paul de Jersey
Administrator
By His Excellency’s Command
Michael Sukkar
Assistant Minister to the Treasurer
Parliamentary Secretary to the Treasurer
Overview
The Australian Bureau of Statistics – Acting Australian Statistician – Appointment 2018, enacted in 2018, addresses the need for continuity and stability in the leadership of the Australian Bureau of Statistics (ABS) in the event that the Australian Statistician is unable to perform their duties. This notifiable instrument was issued by the Honourable Paul de Jersey AC QC, the Administrator of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The instrument appoints Teresa Dickinson and Luise McCulloch to act alternately as the Australian Statistician when the substantive officeholder is unavailable. This measure ensures that the ABS continues to operate effectively and maintain its commitment to providing reliable and unbiased statistical information, thereby supporting the evidence base for public and private decision-making. The policy objective is to maintain the integrity and functionality of the ABS in the absence of the principal officeholder.
Scope and Application
The Australian Bureau of Statistics Act 1975 governs the operation and administration of the Australian Bureau of Statistics (ABS), including the appointment of key personnel such as the Australian Statistician. The notifiable instrument F2018N00071 pertains specifically to the appointment of acting Australian Statisticians, Teresa Dickinson and Luise McCulloch, to fulfil the duties of the Australian Statistician during periods of absence, incapacity, or unavailability. This appointment applies to the individuals named and operates under the authority of the Commonwealth of Australia, thereby having a national jurisdictional reach. The instrument ensures continuity in the statistical services provided by the ABS, which is critical for evidence-based policy-making and public information. The instrument does not specify any exclusions or thresholds but operates within the broader legislative framework of the Australian Bureau of Statistics Act 1975, which may be subject to further clarification or amendment through subordinate instruments or administrative actions.
Key Provisions
The Australian Bureau of Statistics Act 1975 provides the legislative framework under which the Australian Statistician is appointed, and this notifiable instrument (F2018N00071) specifies the acting appointments for the Australian Statistician. According to section 15(1) of the Act, the Administrator of the Commonwealth of Australia, with the advice of the Federal Executive Council, can appoint individuals to act in the office of Australian Statistician during periods of absence, unavailability, or incapacity of the incumbent. This instrument appoints Teresa Dickinson and Luise McCulloch to act alternately in the office of Australian Statistician under these circumstances (subsection (a) and (b)).
The Act imposes certain obligations on the appointed acting Australian Statisticians. They are required to perform the duties of the office diligently and to the best of their abilities, ensuring that the statistical functions of the Australian Bureau of Statistics continue without disruption. The acting Australian Statisticians must adhere to the policies, procedures, and directives established by the Australian Bureau of Statistics and ensure compliance with relevant legislative and regulatory requirements. Furthermore, they must maintain the integrity and independence of the statistical functions of the Bureau, ensuring that statistical information is collected, processed, and disseminated in accordance with the highest professional standards.
Breaches of the duties and obligations imposed by the Act may have legal consequences. While the specific offences and penalties are not detailed in this notifiable instrument, under the Australian Bureau of Statistics Act 1975, various offences can be committed if an acting Australian Statistician fails to discharge their duties appropriately. These offences can result in criminal or civil penalties. For example, section 20 of the Act provides for the imposition of penalties for misconduct or incompetence, and section 21 allows for the dismissal of the Australian Statistician for serious misconduct or incompetence. The maximum penalties for such offences can vary, but they may include substantial fines and imprisonment, depending on the nature and severity of the breach. Additionally, the acting Australian Statisticians may be subject to disciplinary action or other consequences as outlined in the Act or relevant employment conditions.