Overview

The Census and Statistics Act 1905 governs the taking and administration of the Census in Australia. The Act mandates that the Census be conducted every fifth year, with the next census scheduled for 2021. Subsection 8(2) of the Act stipulates that the Census day must be appointed by proclamation. To this end, the Census and Statistics (2021 Census Day) Proclamation 2020 was introduced to set the Census day for 2021. The proclamation was issued by authority of the Minister for Housing and Assistant Treasurer to ensure that the census is conducted as close as possible to the previous census date of 9 August 2016, while avoiding school holidays to maximise coverage. The proclamation specifies 10 August 2021 as the Census day, aligning with the policy objective of maintaining comparability of time series data and ensuring comprehensive data collection for electoral and funding purposes. The proclamation also adheres to human rights, particularly the prohibition on interference with privacy, ensuring that personal information collected is protected.

Scope and Application

The Census and Statistics Act 1905, as supplemented by the Census and Statistics (2021 Census Day) Proclamation 2020, governs the administration and timing of the national census in Australia. The Act applies to all individuals and entities within Australia, including private households, businesses, and public institutions, to ensure comprehensive data collection. The Act mandates that the census is to be conducted every five years, with the next census scheduled for 10 August 2021, to maintain data comparability and to avoid conflicts with school holidays. The Proclamation, which came into effect the day after its registration on the Federal Register of Legislation, was issued under the authority of the Census and Statistics Act 1905. The proclaimed date is intended to facilitate the accurate measurement of the population and dwellings, crucial for electoral representation and government resource allocation. The instrument is compatible with human rights, particularly the protection against unlawful interference with privacy, as the collected data is safeguarded by strict secrecy provisions within the Act.

Key Provisions

The primary operative sections of the Census and Statistics (2021 Census Day) Proclamation 2020 are sections 1 through 4. Section 1 names the proclamation as the Census and Statistics (2021 Census Day) Proclamation 2020, section 2 states that the proclamation commences the day after it is registered on the Federal Register of Legislation, section 3 indicates the authority under which the proclamation is made, and section 4 specifically proclaims 10 August 2021 as the Census day for 2021. These sections are fundamental in setting the legal framework for the timing and administration of the 2021 Census, ensuring it aligns with the statutory requirements and the broader legislative objectives set forth in the Census and Statistics Act 1905. The obligations imposed by this proclamation are primarily administrative and logistical in nature. Under the Census and Statistics Act 1905, the Australian Bureau of Statistics (ABS) must conduct the Census on the appointed day, which in this case is 10 August 2021. This proclamation ensures that the ABS has a legally prescribed date for conducting the Census, facilitating the efficient planning and execution of the data collection process. Furthermore, the proclamation supports the ABS's efforts to maintain the integrity and comparability of census data over time by adhering to a consistent schedule. The proclamation also underscores the importance of avoiding school holidays to maximize the accuracy and completeness of the census data, ensuring that individuals are counted in their usual place of residence. Any breaches of the obligations imposed by the Census and Statistics Act 1905 and the associated proclamation may result in civil or criminal consequences. Under subsection 10(4) of the Act, it is an offence to fail to provide the information required by the Census, with potential penalties including fines and imprisonment. Specifically, subsection 10(4) stipulates that any person who fails to provide the required information can be fined up to $1,800 or imprisoned for up to six months, or both. Additionally, subsection 11(2) makes it an offence for any person to obstruct or hinder the taking of the Census, with penalties including fines and imprisonment. Subsection 19 of the Act further imposes secrecy provisions, criminalising the unauthorised disclosure of information obtained under the Act, with potential penalties including fines and imprisonment. These provisions ensure compliance with the census requirements and protect the confidentiality of the collected data. In summary, the Census and Statistics (2021 Census Day) Proclamation 2020 establishes the legal framework for the 2021 Census, setting the date as 10 August 2021. It outlines the obligations of the ABS and other entities involved in the census process, ensuring the efficient and accurate collection of data. Any breaches of the Act's provisions are subject to significant penalties, including fines and imprisonment, reinforcing the importance of adhering to the statutory requirements.