Australian Bureau of Statistics (Acting Statistician) Appointment 2020
I, the Honourable Michael Sukkar MP, Minister for Housing and Assistant Treasurer, under section 15 of the Australian Bureau of Statistics Act 1975:
(a) revoke the appointment made on 21 November 2018 of Teresa Dickinson, Luise McCulloch and Jenet Connell as acting Statistician; and
(b) appoint to act as Statistician, during a vacancy in the office of the Statistician, and during any period when the Statistician is absent from duty or from Australia or is, for any other reason, unable to perform the duties of that office, as follows:
(i) Jenet Connell, Teresa Dickinson and Helen Wilson are to act alternately in the office of Statistician;
(ii) Jenet Connell is to act in the office during the first period of that kind commencing on or after the date of this instrument;
(iii) during each subsequent period of that kind, the alternate appointee will act in the office, if that appointee is available to do so;
(iv) if the appointee who, under paragraph (i) or (ii) above, would act in the office during a period of that kind is unavailable to do so, the next alternate appointee is to act in the office during that period;
(v) if any of the appointees is acting in the office and that appointee becomes unable to continue to act during the relevant period, the next alternate appointee is to act in the office during the remainder of that period; and
(vi) if any of the appointees is acting in the office for a period in which it is vacant, the next alternate appointee is to act in the office at the end of three months after the first‑mentioned appointee began to act in the office.
Dated: 15 December 2020
Honourable Michael Sukkar MP
Minister for Housing and Assistant Treasurer
Overview
The Australian Bureau of Statistics (Acting Statistician) Appointment 2020, enacted on 15 December 2020, addresses the need to ensure continuity in the role of the Statistician within the Australian Bureau of Statistics during periods of vacancy or incapacity. This instrument, issued by the Honourable Michael Sukkar MP, Minister for Housing and Assistant Treasurer, revokes the prior appointments of Teresa Dickinson, Luise McCulloch, and Jenet Connell as acting Statisticians and establishes a new arrangement for the interim role. The policy objective is to maintain the integrity and functionality of the office of the Statistician, ensuring that the responsibilities of data collection, analysis, and dissemination are consistently upheld. The instrument provides for Jenet Connell, Teresa Dickinson, and Helen Wilson to act alternately as Statistician, ensuring that there is always a qualified individual available to perform the duties of the office during any period when the Statistician is absent or unable to act.
Scope and Application
The Australian Bureau of Statistics (Acting Statistician) Appointment 2020 revokes the previous appointments made on 21 November 2018 of Teresa Dickinson, Luise McCulloch, and Jenet Connell as acting Statistician, and subsequently appoints Jenet Connell, Teresa Dickinson, and Helen Wilson to act alternately as the Statistician during any vacancy in the office or periods when the Statistician is absent from duty or otherwise unable to perform their duties. This appointment applies to the office of the Statistician within the Australian Bureau of Statistics, a Commonwealth entity. The Act specifies a clear order of rotation among the appointees to ensure continuity and avoid any gaps in leadership. The jurisdictional reach of this Act is limited to the Commonwealth level, and it does not extend beyond the scope of the Australian Bureau of Statistics. The Act does not explicitly state any exclusions, exemptions, or thresholds, but its application is inherently restricted to the context of acting appointments within the specified office.
Key Provisions
The Australian Bureau of Statistics (Acting Statistician) Appointment 2020, issued under section 15 of the Australian Bureau of Statistics Act 1975, contains several key operative sections (sections 1(a) and 1(b)). It revokes the previous appointment of Teresa Dickinson, Luise McCulloch, and Jenet Connell as acting Statisticians, effective from 21 November 2018. It then makes new appointments for the role of acting Statistician during any vacancy or absence of the Statistician. The appointees are Jenet Connell, Teresa Dickinson, and Helen Wilson, who will act alternately in the office of Statistician, with specific rules on the order of succession and circumstances under which each alternate will act. The document specifies that Jenet Connell will act first, followed by Teresa Dickinson, and then Helen Wilson in the event of unavailability.
The Act imposes several obligations and requirements on the appointed acting Statisticians. Firstly, they must be available to act when required, in accordance with the rules set out in the instrument. If any of the appointees becomes unavailable during a period of acting in the office, the next alternate must step in. Furthermore, if an appointee is acting during a vacancy and becomes unable to continue, the next alternate will take over for the remainder of that period. The appointees are also required to perform the duties of the office as if they were the substantive Statistician, ensuring continuity and effective administration of the Bureau.
In the event of a breach of the obligations or requirements outlined in the Act, there are potential civil and criminal consequences. Although the specific penalties are not detailed in the instrument itself, breaches of statutory provisions in Australian legislation can generally result in fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties would be determined by the relevant court and could vary based on the specific circumstances of each case. The acting Statisticians must therefore adhere strictly to the terms of their appointment to avoid any legal repercussions.