Census Regulations (Amendment)

Overview

The Census Regulations (Amendment) Statutory Rules 1990 No. 91, issued by authority of the Treasurer under the Census and Statistics Act 1905, address the need to adjust the questions included in the 1991 Census of Population and Housing. This amendment was necessitated by findings from testing of the census question wording and sequencing, which indicated that including a question about 'availability to commence employment' would negatively impact the responses to other, more critical questions on the census form. The policy objective behind this amendment is to ensure the integrity and reliability of the data collected during the census by omitting questions that could potentially skew responses or reduce the overall quality of the data gathered. The amendment specifically removes 'availability to commence employment' from the list of matters on which statistical information is to be collected, aligning with the statutory requirement to maintain the relevance and effectiveness of the census data.

Scope and Application

The Census and Statistics Act 1905 governs the collection of statistical information as part of census operations in Australia, and its application is broad, covering all persons and entities within the country. The Act applies to anyone residing in Australia at the time of the census and includes the collection of data on population, housing, and other related matters to facilitate comprehensive national statistics. The Act extends its reach across the Commonwealth of Australia, ensuring a uniform approach to census data collection. However, the Act does not specify exclusions or exemptions, meaning that all eligible individuals and entities are subject to its provisions unless otherwise noted by subordinate instruments. The Act empowers the Governor-General to create regulations necessary for carrying out the census, as seen in the amendment to Regulation 4 concerning the 1991 Census, which omitted a question about ‘availability to commence employment’ due to adverse effects observed during testing on other critical questions. These regulations, made under Section 27 of the Act, have the force of law and are designed to ensure the effectiveness and accuracy of the census process.

Key Provisions

The primary sections of the Census Regulations (Amendment) Statutory Rules 1990 No. 91 involve the amendment to Regulation 4, which specifies the matters for which statistical information is to be collected in the 1991 Census of Population and Housing (Regulation 4). Section 27 of the Census and Statistics Act 1905 provides the authority for the Governor-General to create these regulations, which must align with the Act and address necessary aspects for the census's effective implementation. This amendment specifically alters the list of matters to exclude the question about 'availability to commence employment', following testing that indicated its inclusion could negatively impact other crucial questions on the census form. The obligations and requirements imposed by these regulations on the relevant parties are primarily focused on the collection of accurate and relevant statistical data for the 1991 Census of Population and Housing. By removing the question about 'availability to commence employment', the regulations ensure that the census data remains focused on more significant and impactful areas, while avoiding potential confusion or bias in responses caused by the inclusion of this particular question. This decision is based on empirical testing, which demonstrated that the question could distort responses to other critical census questions. The legislation does not explicitly outline specific offences, penalties, or consequences for breaches of these regulations. However, given the statutory nature of the regulations under the Census and Statistics Act 1905, non-compliance could potentially result in legal actions or administrative penalties. Such breaches might involve inaccuracies in the collected data or failure to adhere to the prescribed methodology for the census, which could undermine the integrity and reliability of the census data. The specific penalties or consequences would be determined in accordance with the broader provisions of the Census and Statistics Act 1905 and any applicable administrative laws.