Census Regulations

Overview

The Census Regulations 1991 were enacted to address the need for the acquisition of accommodation and equipment for data processing in the context of the 1991 Census, as mandated by the Census and Statistics Act 1905. This Act, enacted by the Australian Parliament, provides the legislative framework for the conduct of a census in Australia, specifying the frequency of the census and the authority of the Governor-General to make regulations necessary for its implementation. The proposed regulations aim to prescribe the external Territories to be included in the census and the matters in relation to which statistical information will be collected, ensuring that the census can proceed efficiently. The policy objective is to maintain the integrity and usefulness of the census data, while managing costs effectively by excluding certain topics from the census that were not deemed sufficiently justified on a cost-benefit basis.

Scope and Application

The Census and Statistics Act 1905 applies to the taking of a census in Australia, as well as the collection of statistical information required for the census. The Act applies to the Commonwealth and to prescribed external Territories, excluding Norfolk Island, which is governed by its own Census and Statistics Ordinance. The Act mandates that a census be taken every five years, with the 1991 census being the focus of the proposed regulations. The Governor-General has the authority to make regulations under the Act, which include defining terms, specifying the external Territories to be included in the census, and detailing the matters on which statistical information will be collected. These regulations are necessary to enable the acquisition of facilities required for data processing. The Act's application is extended by the proposed regulations, which provide details on the content and nature of the census, including the topics and associated questions to be included in the census form. However, the final wording of the questions and their sequencing will be determined after testing and will be made available to the public in an Australian Bureau of Statistics information paper.

Key Provisions

The main operative sections of the proposed regulations under the Census and Statistics Act 1905 (the Act) pertain to the inclusion of specific external territories in the census and the topics for which statistical information will be collected. Section 2 of the Act dictates that the Act, excluding Part III, applies to certain external territories as prescribed. Regulation 3 of the proposed regulations identifies the external territories to be included in the 1991 Census, which are the Christmas Island and Cocos (Keeling) Islands, mirroring the territories included in the 1986 Census. Regulation 4 outlines the topics for which statistical information will be gathered, maintaining consistency with the 1986 Census but omitting certain topics deemed unjustified on a cost-benefit basis, such as year first married, whether married more than once, issue, ethnic origin, and reason dwelling unoccupied. These regulations are essential for ensuring the census is conducted according to the Act’s requirements. The Act imposes specific obligations on the parties involved in the census. According to Section 8(1), the Census must be conducted every fifth year starting from 1981, necessitating that the Statistician collect statistical information as per Section 8(3). Section 27 of the Act authorises the Governor-General to make regulations necessary or convenient for carrying out the Act. These regulations must not be inconsistent with the Act and must cover all matters required or permitted by the Act. The proposed regulations must align with these statutory requirements, ensuring that the census is conducted effectively and efficiently. The regulations also need to be tabled in Parliament, which is a procedural requirement aimed at ensuring transparency and accountability in the census process. Breaches of the provisions outlined in the Act and the proposed regulations can result in various legal consequences. The Act does not explicitly detail penalties for non-compliance, but the penalties can vary depending on the specific nature of the breach. For instance, failure to comply with census regulations may lead to civil or criminal consequences, including fines and imprisonment, depending on the severity of the breach. The maximum penalties are not explicitly stated in the provided text, but they can be severe enough to enforce compliance. Additionally, the Act’s broad authority to make regulations means that any regulations made under its purview can include specific penalties for non-compliance, ensuring that all parties adhere to the prescribed procedures and requirements.