Overview

The Census and Statistics (Statistical Information) Amendment Direction 2017 was enacted to refine and clarify a previous direction issued under the Census and Statistics Act 1905. This amendment was introduced to address potential confusion regarding the collection and publication of statistical information about the public's views on same-sex marriage. The direction was issued by the Treasurer on 9 August 2017 and subsequently amended to ensure the statistical information published accurately reflects the views of eligible participants, specifically those who would be entitled to vote in a federal election. The Australian Statistician was consulted in the preparation of this amending direction, ensuring that the amendments align with the legislative framework established by the Census and Statistics Act 1905. The purpose of the amendment was to clarify the distinction between collected data and published results, as well as to define eligibility for participation in the statistical survey, thereby improving the accuracy and relevance of the information published.

Scope and Application

The Census and Statistics (Statistical Information) Amendment Direction 2017 applies to the Australian Statistician who is directed to collect and publish specific statistical information as mandated by the Treasurer under the authority of the Census and Statistics Act 1905. The direction concerns statistical data regarding the views of electors on the legalisation of same-sex marriage, specifying who is eligible to participate in the survey. This Amendment Direction provides clarification on the scope of the initial direction, ensuring that the statistical information collected is distinct from the published results, and it defines eligibility for participation as those persons entitled to vote in a federal election. The geographic reach of the Act is national, as it concerns federal electoral statistics. The amending Direction commenced immediately upon registration and applies without any exclusions or exemptions, as per the stated provisions. Subordinate instruments may further extend or specify the application of this legislation, but no such extensions or restrictions are noted in the provided explanatory statement.

Key Provisions

The Census and Statistics (Statistical Information) Amendment Direction 2017 amends the original direction issued on 9 August 2017. This amending Direction provides clarification on two main aspects: the distinction between the statistical information collected and the results published, and the eligibility criteria for participating in the statistical survey (section 3). Section 3(3) clarifies the distinction drawn by section 12 of the Census and Statistics Act 1905 between the statistical information collected and the results that are published. This means that while the Australian Statistician collects detailed data, the Direction specifies exactly what information will be published, ensuring transparency and clarity in the dissemination of statistical findings. Section 3(4) further amends the original Direction by clarifying that eligibility for participation in the statistical survey is limited to those persons who would be entitled to vote in a federal election. This amendment ensures that the survey results are representative of the voting population and aligns with the objectives of the original Direction. The obligations imposed by the amending Direction on the Australian Statistician and other relevant parties are primarily focused on the collection and publication of statistical information in a clear and defined manner. The Australian Statistician must ensure that the data collected adheres to the eligibility criteria set out in the Direction, specifically targeting those eligible to vote in a federal election. Additionally, the Direction mandates that the published statistical information must be consistent with the clarifications provided in the amending Direction, ensuring that the public receives accurate and well-defined statistical results. The Australian Statistician is also required to consult with the relevant parties, as stipulated in Part 1 of Chapter 3 of the Legislation Act 2003, to prepare the amending Direction, ensuring a collaborative and transparent process. Breaching the obligations outlined in the amending Direction could result in significant consequences. Although specific offences, penalties, or consequences for non-compliance are not detailed in the amending Direction, it is clear that failure to adhere to the specified eligibility criteria and publication requirements could undermine the integrity of the statistical survey. Non-compliance could potentially lead to inaccuracies in the published data, affecting the reliability and usefulness of the statistical information. Given the importance of accurate statistical data for policy-making and public understanding, any breach of the Direction could have serious implications, including possible legal or administrative repercussions. The amending Direction's commencement and application from its registration date underscore the importance of strict adherence to its provisions.