Australian Bureau of Statistics - Australian Statistician — Appointment of Persons to Act in the Office of Australian Statistician – Appointment 2018
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General 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 1975:
(a) terminate the appointment made on 29 June 2018 of Teresa Dickinson and Luise McCulloch to act in the office of Australian Statistician; and
(b) appoint Teresa Dickinson, Luise McCulloch and Jenet Connell 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:
(i) Teresa Dickinson is to act in the office during the first period of that kind commencing on or after the date of this instrument;
(ii) during each subsequent period of that kind, the alternate appointee will act in the office, if that appointee is available to do so;
(iii) 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; and
(iv) 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.
Dated: 21 November 2018
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Stuart Robert
Assistant Treasurer
Overview
The Australian Bureau of Statistics - Australian Statistician—Appointment of Persons to Act in the Office of Australian Statistician – Appointment 2018I is a notifiable instrument issued under the Australian Bureau of Statistics Act 1975. This instrument was enacted in 2018 to address the need for an interim appointment of acting Australian Statisticians in the absence of the substantive holder of the office. The instrument was issued by the Governor-General of the Commonwealth of Australia, the Honourable Sir Peter Cosgrove AK MC (Ret’d), acting with the advice of the Federal Executive Council, and it reflects the intent to ensure continuity and efficiency in the operations of the Australian Bureau of Statistics during periods when the office holder is not available to perform their duties. The underlying policy objective is to maintain the integrity and functionality of the Australian Bureau of Statistics by providing clear guidelines for the succession of acting roles when the office of Australian Statistician is temporarily vacant.
Scope and Application
The Australian Bureau of Statistics Act 1975, as amended by the notifiable instrument F2018N00170, pertains to the appointment of individuals to act in the office of the Australian Statistician. This legislation applies to the individuals Teresa Dickinson, Luise McCulloch, and Jenet Connell, who have been appointed to act in the office of the Australian Statistician during periods when the office holder is absent or unable to perform their duties. The appointments are contingent on the availability of the appointees, with Teresa Dickinson designated to act first, followed by Luise McCulloch, and then Jenet Connell in a rotational manner. This notifiable instrument has a national jurisdictional reach as it is enacted under the authority of the Commonwealth of Australia. There are no stated exclusions or exemptions within the text of this instrument, and it does not extend or restrict its application through subordinate instruments.
Key Provisions
This notifiable instrument (F2018N00170) pertains to the appointment of individuals to act in the office of the Australian Statistician under the Australian Bureau of Statistics Act 1975. Section 1 of the instrument terminates the prior appointments of Teresa Dickinson and Luise McCulloch, who were acting in the office of Australian Statistician. Section 2 of the instrument then appoints Teresa Dickinson, Luise McCulloch, and Jenet Connell to act alternately in the office of Australian Statistician. These alternate appointees will step in when the actual holder of the office is absent, unable to perform duties, or not in Australia. The rotation of who acts in the office is specified, with Teresa Dickinson acting first, followed by the next available appointee in subsequent periods. If an appointee who would normally act becomes unavailable, the next appointee in line will take over. Should an appointee who is currently acting in the office become unable to continue, the next appointee will step in for the remainder of that period.
The obligations imposed by this Act are primarily concerned with the orderly succession and coverage of duties in the office of the Australian Statistician. The appointees, Teresa Dickinson, Luise McCulloch, and Jenet Connell, must be available to act when required. Their roles are to ensure that there is no gap in the functioning of the office of the Australian Statistician, particularly in the absence of the principal office holder. They must be prepared to step in at short notice if the principal holder is unable to perform their duties. The appointees need to maintain the integrity and continuity of the statistical operations overseen by the Australian Bureau of Statistics.
The notifiable instrument does not explicitly mention any offences, penalties, or civil/criminal consequences for breach. However, the requirement for the appointees to be available and ready to act when needed implies a significant responsibility. Failure to perform these duties when called upon could potentially result in gaps or inefficiencies in the operations of the Australian Bureau of Statistics. While the specific legal ramifications for such failures are not detailed in the text, it is reasonable to infer that any significant dereliction of duty could be subject to scrutiny or administrative action.