Statistics (Disclosure in time of War) Regulations, 1915

Overview

The Statistics (Disclosure in Time of War) Regulations 1915 were enacted as a legislative instrument under the authority of the Governor-General in accordance with the advice of the Federal Executive Council. These regulations were introduced to address the need for the disclosure of census and statistics information in the context of wartime exigencies. They were created to facilitate the collection and sharing of specific data for the purposes of national security and the conduct of investigations related to the war effort. The enacting body was the Commonwealth of Australia, with the primary policy objective being to ensure that essential information could be made available to the relevant authorities to support the war-time efforts, while maintaining the confidentiality of the data as much as possible outside of these exceptional circumstances.

Scope and Application

The Statistics (Disclosure in time of War) Regulations, 1915, made under the Census and Statistics Act 1905, apply to the Statistician, who is mandated to divulge the contents of any form filled out under the Act or any information provided in compliance with the Act when directed by the Minister. This disclosure is permissible if the Minister certifies that the specific information or particulars are required for the purpose of any investigation related to the war. The Regulations extend their application to the Minister or any other person designated by the Minister, ensuring that sensitive statistical information can be appropriately shared for wartime investigations. The Regulations also serve to repeal the Provisional Regulations dated 7th July, 1915, thereby establishing the current framework for information disclosure during times of war. The geographic reach of these Regulations is national, impacting all entities involved in the collection and dissemination of census and statistical data within the Commonwealth of Australia.

Key Provisions

The main operative sections of the Statistics (Disclosure in time of War) Regulations, 1915, pertain to the disclosure of information under specific wartime conditions. Section 2 mandates that the Statistician can disclose the contents of any census form or any information obtained under the Census and Statistics Act 1905 to the Minister or any other person the Minister designates. This disclosure is conditional upon the Minister certifying that the information is necessary for an investigation related to the war. Section 3 of the Regulations repeals the Provisional Regulations dated 7th July 1915, thereby removing earlier provisions that may have been in place for wartime information management. The Regulations impose certain obligations on the parties involved. The Statistician, who is responsible for managing census data, must comply with the Minister's directive to disclose information. This obligation is subject to the Minister's certification that the information is required for a war-related investigation. The Minister, on the other hand, has the responsibility to ensure that any information disclosed is indeed necessary for such an investigation, thereby maintaining a check on the scope and purpose of the disclosed data. Breaches of the Regulations may lead to various civil or criminal consequences. Although the document does not specify particular offences or penalties, it is reasonable to infer that unauthorised disclosure of sensitive census information could result in legal ramifications. Such breaches might be viewed as violations of confidentiality and integrity of national statistics, which are critical for policy-making and national security. In the context of wartime, such breaches could potentially lead to serious consequences, including criminal charges, depending on the nature and impact of the unauthorised disclosure.