EXPLANATORY STATEMENT
Issued by authority of the Parliamentary Secretary to the Treasurer
Australian Bureau of Statistics Act 1975
Australian Bureau of Statistics - Termination of Acting Australian Statistician - Appointment 2018
The Australian Bureau of Statistics Act 1975 (the Act) establishes, and provides for the functions of, the Australian Bureau of Statistics (the Bureau), the office of the Australian Statistician and the Australian Statistics Advisory Council.
Subsection 15(1) of the Act provides that the Governor-General may appoint a person to act in the office of the Australian Statistician during any period, or during all periods, when the person holding the office is absent from duty or from Australia, or is, for any reason, unable to perform the duties of his or her office or during a vacancy in that office. This power to appoint includes the power to repeal a previous appointment.
On 2 March 2018, Messrs Jonathan Palmer and Randall Brugeaud and Ms Luise McCulloch were appointed to act in the office of the Australian Statistician through the Australian Bureau of Statistics – Australian Statistician – Appointment of Persons to Act in the Office of Australian Statistician – Appointment 2018 (the ‘appointment instrument’).
The appointment instrument was incorrectly registered as a legislative instrument. This means that it is a legislative instrument for the purposes of the Legislation Act 2003 (as per subsections 8(3) and 8(7) of that Act), despite being exempt from being a legislative instrument under table item 8 in subsection 6(1) of the Legislation (Exemptions and Other Matters) Regulation 2015 and subsection 8(6) of the Legislation Act 2003.
The ‘Australian Bureau of Statistics (Termination of Acting Australian Statistician) Appointment 2018’ (the Instrument) repeals the appointment instrument so that the acting arrangements for the Australian Statistician can be updated. The Instrument is a legislative instrument because it repeals another legislative instrument (as per paragraph 10(1)(d) of the Legislation Act 2003).
The new acting arrangements are to be provided through a separate instrument so that it can be correctly registered as an instrument that is exempt from being a legislative instrument. These updates are required to reflect the retirement of Mr Palmer and the commencement of Ms Teresa Dickinson as Deputy Australian Statistician of the Census and Data Services Group.
The Act does not specify any conditions that must be satisfied for the Instrument to be made.
The Instrument was not consulted on because it is of a minor or machinery nature.
The Instrument commences on the day after registration.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Bureau of Statistics - Termination of Acting Australian Statistician - Appointment 2018
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Legislative Instrument terminates the appointment Mr Randall Brugeaud, Ms Teresa Dickinson and Ms Luise McCulloch and to act alternately in the office of the Australian Statistician.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Overview
The Australian Bureau of Statistics Act 1975 was enacted to establish and govern the functions of the Australian Bureau of Statistics, the office of the Australian Statistician, and the Australian Statistics Advisory Council. The Act provides for the appointment of individuals to act in the office of the Australian Statistician when necessary, as outlined in subsection 15(1). The Act was introduced to address the need for a structured framework governing the operations and leadership of the Australian Bureau of Statistics. This was achieved by the Parliament of Australia, which authorised the creation and regulation of the Bureau and its leadership roles. The policy objective of the Act is to ensure the efficient and effective collection, analysis, and dissemination of statistical information that supports informed decision-making across various sectors of the Australian economy and society. The Act's regulatory framework aims to maintain the integrity and reliability of the Bureau's statistical outputs, ensuring they meet high standards of accuracy and timeliness.
Scope and Application
The Australian Bureau of Statistics Act 1975, as clarified by the Australian Bureau of Statistics (Termination of Acting Australian Statistician) Appointment 2018, governs the appointment and acting arrangements for the Australian Statistician. The Act applies to the office of the Australian Statistician and the Australian Statistics Advisory Council, establishing their functions and the procedures for appointing acting officials when the primary officeholder is absent, incapacitated, or during a vacancy. The legislation pertains to individuals appointed to act in the office of the Australian Statistician and operates within the Commonwealth jurisdiction of Australia. The 2018 Instrument repeals a previous appointment instrument that was incorrectly registered as a legislative instrument, ensuring that future acting arrangements will be appropriately classified and registered. The Instrument itself is a legislative instrument due to its repeal of another legislative instrument, but it does not require consultation as it is deemed to be of a minor or machinery nature. The Instrument becomes effective the day after its registration.
Key Provisions
The main sections of the Australian Bureau of Statistics (Termination of Acting Australian Statistician) Appointment 2018 involve the repeal of the earlier instrument that incorrectly registered Messrs Jonathan Palmer, Randall Brugeaud, and Ms Luise McCulloch as acting Australian Statisticians. This repeal is necessary to update the acting arrangements for the Australian Statistician due to the retirement of Mr Palmer and the commencement of Ms Teresa Dickinson as Deputy Australian Statistician of the Census and Data Services Group (section 1). The Instrument is necessary to correct the registration issue and ensure the acting arrangements are appropriately reflected.
The obligations under the Act are primarily concerned with the correct registration and updating of the acting arrangements for the office of the Australian Statistician. The Act requires that any acting arrangements be accurately reflected and appropriately registered as legislative instruments. The Instrument ensures that the acting appointments are correctly managed and updated to reflect changes in personnel and roles within the Bureau.
There are no explicit offences, penalties, or consequences mentioned in the Act or the Instrument for the failure to update or correctly register the acting arrangements. However, the improper registration of the initial appointment instrument indicates a procedural oversight that needed correction. The focus of the Instrument is on rectifying this oversight to ensure compliance with legislative requirements.
The Australian Bureau of Statistics Act 1975, as amended by the Australian Bureau of Statistics (Termination of Acting Australian Statistician) Appointment 2018, ensures that the acting appointments for the office of the Australian Statistician are correctly managed and updated. This legislative action is vital to maintain the integrity and functionality of the Bureau, ensuring that the office of the Australian Statistician is adequately staffed and that any acting arrangements are appropriately registered and reflect current personnel changes within the Bureau.