Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023

Administered by Department of the Treasury

Legislation au F2023N00556 In force Notifiable Instrument

Legislation content

 

Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023

made under the Australian Bureau of Statistics Act 1975

Compilation No. 2

Compilation date: 22 May 2026

Includes amendments: Australian Bureau of Statistics (Standing Acting Arrangements) Amendment (Measures No. 1) Appointment 2026

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

       

This compilation

This is a compilation of the Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023 that shows the text of the law as amended and in force on 22 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1  Name 

3  Authority

5  Definitions

Part 2—Standing acting arrangements for the Australian Statistician

6  Standing acting arrangements for the Australian Statistician

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

 

1  Name

  This instrument is the Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023.

3  Authority

  This instrument is made under the Australian Bureau of Statistics Act 1975.

5  Definitions

Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Australian Bureau of Statistics Act 1975 as in force from time to time.

  In this instrument:

senior available appointee has the meaning given by subsection 6(2).

the Act means the Australian Bureau of Statistics Act 1975.

Part 2—Standing acting arrangements for the Australian Statistician

 

6  Standing acting arrangements for the Australian Statistician

 (1) Under section 15 of the Act, during all periods when there is vacancy in the office of the Statistician, or the Statistician is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office, the person determined in accordance with subsections (2) to (5) is appointed to act as Statistician.

 (2) For the purposes of this instrument, a senior available appointee at a particular time is a person who, at that time, satisfies all of the following:

 (a) is engaged under the Public Service Act 1999 by the Statistician for the purposes of the Bureau;

 (b)  is not absent from duty or from Australia;

 (c) has advised that they are available to act for the Statistician;

 (d) is one of the following persons:

 (i) Brenton Goldsworthy;

 (ii) Elizabeth Williamson;

 (iii) Phillip Gould.

 (3) At the start of each period when the office of the Statistician is vacant or the Statistician is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office, the senior available appointee who has had the greatest number of days since they last acted as Statistician, is to act as Statistician during that period.

 (4) However, if a person who is acting as Statistician during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be a senior available appointee, the senior available appointee who has had the greatest number of days since they last acted as Statistician at that time is to act as Statistician during the remainder of that period.

 (5) In determining who has had the greatest number of days since they last acted as Statistician under subsections (3) and (4), in relation to a senior available appointee who has not previously acted as Statistician, use instead the number of days since the senior available appointee started in their current position in the Bureau.

 (6) Under subsection 33A(1) of the Acts Interpretation Act 1901, each appointment under subsection (1) is determined to be on the same terms and conditions that apply to the Statistician under section 9 of the Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

 

o = order(s)

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023

22 November 2023

(F2023N00556)

23 November 2023

Australian Bureau of Statistics (Standing Acting Arrangements) Amendment (Measures No. 1) Appointment 2024

27 November 2024

(F2024N01089)

28 November 2024

Australian Bureau of Statistics (Standing Acting Arrangements) Amendment (Measures No. 1) Appointment 2026

21 May 2026

(F2026N00333)

22 May 2026

 

Endnote 4—Amendment history

 

Provision affected

How affected

section 2

rep s48D LA

section 4

rep s48C LA

section 6

am F2024N0108; am F2026N00333

Schedule 1

rep s48C LA

 

Overview

The Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023 was enacted to address the need for clear and efficient arrangements for the acting Statistician when the office of the Statistician is vacant, or the Statistician is absent from duty or from Australia, or unable to perform the duties of the office. This notifiable instrument was made under the authority of the Australian Bureau of Statistics Act 1975 by the Australian Bureau of Statistics. The policy objective of this legislation is to ensure that there is always an acting Statistician available to maintain the continuity of the Bureau’s functions and responsibilities in the absence of the Statistician. This appointment instrument establishes the standing acting arrangements for the Australian Statistician, specifying the criteria for determining a senior available appointee who can act as Statistician during periods of vacancy or absence. The appointee is selected based on their seniority, defined as the number of days since they last acted as Statistician, ensuring a smooth and orderly transition of duties. The appointments are made on the same terms and conditions that apply to the Statistician under the Act, maintaining the integrity and functionality of the Bureau.

Scope and Application

The Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023, made under the Australian Bureau of Statistics Act 1975, provides for the appointment of acting Statisticians in specific circumstances, such as when the office of the Statistician is vacant, or the Statistician is absent or unable to perform their duties. This instrument is applicable to individuals who are engaged under the Public Service Act 1999 by the Statistician for the purposes of the Bureau and meet the criteria of being a senior available appointee. The instrument is in force as of 22 May 2026 and includes amendments up to that date. The geographic and jurisdictional reach of this instrument is national, given that it applies to the Australian Bureau of Statistics, a Commonwealth institution. The instrument extends its application through the Australian Bureau of Statistics Act 1975 and may be subject to modifications by other laws, as detailed in the Register. The endnotes provide additional information about the amendment history and application, saving, and transitional provisions for the provisions and amendments of this instrument.

Key Provisions

The Australian Bureau of Statistics (Standing Acting Arrangements) Appointment 2023 establishes the standing acting arrangements for the office of the Australian Statistician under the Australian Bureau of Statistics Act 1975. The main operative section, section 6, outlines the criteria and process for appointing a senior available appointee to act as the Statistician when there is a vacancy in the office, the Statistician is absent from duty or Australia, or the Statistician is otherwise unable to perform their duties. The appointed acting Statistician must meet specific eligibility criteria, including being engaged by the Statistician under the Public Service Act 1999, being available to act, and being one of the specified individuals: Brenton Goldsworthy, Elizabeth Williamson, or Phillip Gould. The appointee who has had the greatest number of days since they last acted as Statistician is to be appointed, with the calculation based on the number of days since their last acting appointment or, if they have never acted, the number of days since they began their current position in the Bureau. The Act imposes clear obligations on the eligible appointees and the Bureau. The appointees must be engaged under the Public Service Act 1999, be available to act, and meet the specific criteria outlined in section 6. The Bureau is required to follow the process specified in section 6 to determine the senior available appointee when appointing an acting Statistician. These provisions ensure a seamless transition in leadership and maintain the continuity of statistical operations during periods of vacancy or absence. There are no explicit offences, penalties, or civil or criminal consequences mentioned in the text for breaches of the standing acting arrangements. However, any failure to comply with the statutory requirements for appointing an acting Statistician could potentially lead to legal challenges regarding the validity of actions taken by the acting Statistician, as well as reputational and operational risks for the Bureau. It is important for the Bureau to adhere strictly to the provisions to avoid such issues.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.