Census and Statistics (2016 Census Day) Proclamation 2015

Administered by Department of the Treasury

Legislation au F2015L01249 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Parliamentary Secretary to the Treasurer

 

Census and Statistics Act 1905

 

Proclamation appointing Census day

 

 

Subsection 8(1) of the Census and Statistics Act 1905 (the Act) provides that the Census shall be taken in the year 1981 and every fifth year thereafter, and at such other times as are prescribed. Thus the next National Census is to be conducted in 2016.

Subsection 8(2) of the Act requires that the Census day shall be appointed for that purpose by proclamation.

The purpose of the Proclamation is to appoint the Census day for the 2016 Census.  The previous Census, held in 2011, was conducted on 9 August. To maintain comparability of the time series data it is important that the 2016 Census be conducted as close as possible to that date.  The Census also needs to avoid school holidays to ensure as full coverage as possible of persons in their usual place of residence.

Thus, the Proclamation appoints 9 August 2016 as the day on which the 2016 Census will be taken.

The Act specifies no conditions that need to be satisfied before the power to make the Proclamation may be exercised.

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Provided in the following attachment are the details of the Census and Statistics (2016 Census Day) Proclamation 2015; and the statement of Compatibility with Human Rights.

Consultation

A broad public consultation process was undertaken on the nature and content of Census 2016 from 2012 to 2014. This public consultation process sought input on all aspects of the nature as well as the content of the Census. The consultation did not raise any suggestion to change the traditional Census timing of Tuesday night in early August, nor did it raise any concerns with this timing.

In May 2015, the Hon. Joe Hockey MP (Treasurer) announced that the 2016 Census would be conducted on a comparable basis to the 2011 Census. Setting the Census date to Tuesday 9 August is consistent with this announcement. No concerns have been raised with the ABS about this announcement in relation to the Census date.

ATTACHMENT A

 

Details of the Census and Statistics (2016 Census Day) Proclamation 2015

Section 1 – Name of Regulation

This section provides that the title of the instrument is the Census and Statistics (2016 Census Day) Proclamation 2015.

Section 2 – Commencement

This section provides that the instrument will commence the day after it is registered.

Section 3 – Authority

This section provides that the instrument is made under subsection 8(2) of the Census and Statistics Act 1905.

Section 4 – Schedule

This section provides that the proclaimed Census day for 2016 will be 9 August 2016.

 


ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Census and Statistics (2016 Census Day) Proclamation 2015

 

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 Instrument

 

In accordance with subsection 8(2) of the Census and Statistics Act 1905, the instrument proclaims the Census day as 9 August 2016.

 

Human rights implications

 

This Legislative Instrument engages, and is compatible with, the prohibition on interference with privacy. Article 17 of the International Covenant on Civil and Political Rights (ICCPR) prohibits unlawful or arbitrary interferences with a person’s privacy, family, home and correspondence.

 

This instrument is for the purposes of proclaiming the date of the next Census to be held in 2016 and is not arbitrary, and is in pursuit of a legitimate objective. The Census aims to measure accurately the number of people and dwellings in Australian on Census Night, and a range of their key characteristics. This information is used for electoral purposes and for planning the distribution of government funds.

 

The conduct of the Census, as required by the Census and Statistics Act 1905, engages the prohibition on interference with privacy. This instrument does not impose obligations on persons to provide personal information. Such obligations associated with the collection of information from persons for the purposes of the Census are lawfully imposed by subsections 10(4) and 11(2) of the Census and Statistics Act 1905. Information given under the Census and Statistics Act 1905 is protected by the secrecy provisions of section 19, which provides for offences for officers who disclose information (other than to the person from whom it was obtained) given under the Act.

 

Conclusion

 

This legislative instrument is compatible with human rights.

 

 

Overview

The Census and Statistics Act 1905, enacted by the Australian Parliament, provides the legislative framework for conducting the national census, with the aim of gathering essential demographic data to inform government policy and electoral processes. The Act stipulates that the census should be conducted every five years, with the next census scheduled for 2016, following the 2011 census. The explanatory statement accompanying the Census and Statistics (2016 Census Day) Proclamation 2015 details the appointment of 9 August 2016 as the census day, aligning with the previous census date to maintain data comparability and avoiding school holidays to ensure comprehensive coverage. A public consultation process was undertaken from 2012 to 2014 to gather input on various aspects of the census, with no suggestions to alter the traditional timing. The proclamation aligns with the government’s commitment to a comparable census basis and is compatible with human rights, particularly the prohibition on interference with privacy as outlined in the International Covenant on Civil and Political Rights.

Scope and Application

The Census and Statistics Act 1905 provides the legislative framework for the conduct of the national Census in Australia. The Act mandates that the Census be taken in the year 1981 and every fifth year thereafter, with the most recent national Census conducted in 2016. The Act applies to all persons within Australia, encompassing both individuals and entities, with the objective of comprehensively enumerating the population and gathering vital demographic data. This data is instrumental for electoral representation and the allocation of government resources. The jurisdictional reach of the Act is national, extending across all states and territories of Australia. The Act does not specify conditions that must be satisfied before the power to make a proclamation appointing Census day can be exercised, and it is complemented by subordinate instruments such as the Census and Statistics (2016 Census Day) Proclamation 2015, which specifies the exact date of the Census. This proclamation, made under the authority of the Act, appointed 9 August 2016 as the day for the 2016 Census, aligning with the previous Census in 2011 to maintain data comparability and avoiding school holidays to ensure maximum participation. The legislative instrument is compatible with human rights, particularly the prohibition on interference with privacy, as personal information collected is protected under the secrecy provisions of the Act.

Key Provisions

The Census and Statistics Act 1905 specifies that the Census is to be conducted in the year 1981 and every fifth year thereafter, with the most recent being in 2016, as outlined in subsection 8(1) (1). The Act also requires the appointment of Census day by proclamation, a provision that is detailed in subsection 8(2). The 2016 Census Day Proclamation 2015, therefore, appoints 9 August 2016 as the day for the 2016 Census. This date was chosen to maintain comparability with the 2011 Census, which was held on 9 August, and to avoid school holidays to ensure comprehensive coverage of residents in their usual places of residence. Under the Act, the primary obligation imposed on the relevant authorities is to ensure that the Census is conducted on the appointed day and that it adheres to the prescribed schedule and methodology. The Act also requires the collection of specified information from individuals and households, which is necessary for the purposes of gathering accurate and comprehensive data on the population and dwellings in Australia. These obligations are further enforced by the secrecy provisions in section 19 of the Act, which impose penalties for the unlawful disclosure of information collected under the Act. Failure to comply with the requirements of the Census and Statistics Act 1905 can result in various civil and criminal consequences. For instance, under section 19, any officer who discloses information obtained under the Act, other than to the person from whom it was obtained, commits an offence and may face penalties as prescribed by law. Additionally, non-compliance with the requirements to provide information for the Census, as stipulated in subsections 10(4) and 11(2), can also result in legal consequences. The maximum penalties for such offences are not explicitly stated in the Act but can be severe, reflecting the importance of accurate census data for government planning and resource allocation.

Legal classification tags

Area of Law
Administrative Law
Instrument
Proclamation
Concepts
Commencement Provisions
Offence Provisions
Privacy Law

Interactions

Authorises

All Versions

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.