Commonwealth and State Statistical Agreement Act 1958
Commonwealth and State Statistical Agreement Act
1958
QueenslandCommonwealthandStateStatisticalAgreementAct1958Current as at 31 January 1996NOTE—This is the last reprint before
repeal.Repealed by 2013 Act No. 39 s 42Repealed on 23 September 2013
Information about this reprintThis
Act is reprinted as at 31 January 1996.Minor editorial
changes allowed under the provisions of the Reprints Act 1992
mentionedin the following list have been made
to—•update citations and references (pt 4,
div 2)•use standard punctuation consistent
with current drafting practice (s 27)•use
expressions consistent with current drafting practice (s 29)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (s 39)•omit unnecessary referential words (s
41)•omit the enacting words (s
42A).This page is specific to this reprint.A
table of reprints is included in the endnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in the reprint,
including table of table of obsolete andredundant
provisions.
Commonwealth and State Statistical Agreement
Act 1958Commonwealth and State StatisticalAgreement Act 1958[reprinted as in
force on 31 January 1996]AnActtoratifyanarrangemententeredintobetweentheGovernor-General of the Commonwealth and the
Administratorof the Government of the State with respect
to the collectionandpublicationofstatistics,andthesupplyofstatisticalinformation, for
the purposes of both the Commonwealth andthe StatePreambleWhereasanarrangementdated14December1957,acopywhereofiscontainedintheschedule,hasbeenenteredintobetween the
Governor-General of the Commonwealth actingwiththeadviceoftheFederalExecutiveCouncilandtheAdministrator of the Government of the
State acting with theadvice of the Executive Council of the
State with respect tothe collection and publication of
statistics, and the supply ofstatisticalinformation,forthepurposesofboththeCommonwealth and the State.And
whereas by theStatistics (Arrangements with States)
Act1956, the Parliament
of the Commonwealth has authorised theGovernor-GeneraltoenterintoanarrangementwiththeGovernorofaStatewithrespecttothecollectionandpublicationofstatistics,andthesupplyofstatisticalinformation, for
the purposes of both the Commonwealth andthe
State.AndwhereasitisdesirablethattheentryintobytheAdministratoroftheGovernmentoftheStateofanarrangement,acopywhereofiscontainedintheschedule,should be
validated, ratified and confirmed—Current as at 31
January 1996Page 3
Commonwealth and State Statistical Agreement
Act 1958[s 1]1Short
titleThisActmaybecitedastheCommonwealthandStateStatistical
Agreement Act 1958.2Entry into of
arrangementIt is hereby declared that the Administrator
of the Governmentof the State acting with the advice of the
Executive Council oftheStatealwayswasauthorisedtoenterintowiththeGovernor-GeneraloftheCommonwealthactingwiththeadviceoftheFederalExecutiveCouncilthearrangementdated 14
December 1957, a copy whereof is contained in theschedule,andthesaidarrangementassoenteredintoishereby validated, ratified and
confirmed.3References to Government Statistician
in 60 Vic No. 16(as amended)So long as the
said arrangement remains in force and until theGovernor in
Council otherwise notifies in the gazette—(a)anyreferencetothe‘GovernmentStatistician’intheStatisticalReturnsAct1896shallbedeemedtobeareference to the
Deputy Commonwealth Statistician forthe State in the
Public Service of the Commonwealth forthetimebeing,orthepersonwhoforthetimebeingoccupiestheofficeorperformsthedutiesofthesaidDeputy
Commonwealth Statistician; and(b)theDeputyCommonwealthStatisticianshallwithoutany further or
other appointment be deemed to be theGovernment
Statistician and may exercise and dischargeallthefunctionsconferredupontheGovernmentStatistician by
the said Act.Page 4Current as at 31
January 1996
ScheduleCommonwealth and
State Statistical Agreement Act 1958ScheduleEditor’s note—Consistent with the provisions of the Act,
this schedule only containsthe proposed agreement authorised to
be entered into by the Act asoriginallyenacted.Itdoesnotpurporttobeeithertheagreementactually entered
into or that agreement as amended from time to time.section 2ANARRANGEMENTenteredintoBETWEENHISEXCELLENCYTHEGOVERNOR-GENERALOFTHECOMMONWEALTHOFAUSTRALIA acting with the advice of the
Federal Executive Council andHIS EXCELLENCY
THE ADMINISTRATOR OF THE GOVERNMENTOFTHESTATEOFQUEENSLANDactingwiththeadviceoftheExecutive Council of the State WHEREBY
IT IS AGREED as follows:—1.There shall be
constituted an office, in this arrangement called “TheIntegrated Statistical Service”, whose
function will be the collection andpublicationofstatisticsandthesupplyofstatisticalinformationforthepurposes of both the Commonwealth and
the State.2.(1.) The Commonwealth will create an
office in the Public Service oftheCommonwealthofDeputyCommonwealthStatisticianfortheState,the occupant or
the person performing the duties of which office from timetotimeisinthisarrangementcalled“theDeputyCommonwealthStatistician”.(2.) The
functions of the Deputy Commonwealth Statistician shall be
toadminister,subjecttothegeneralcontrolandsupervisionoftheCommonwealth Statistician, the
Integrated Statistical Service.3.(1.)
The person occupying the office of Government Statistician
ofthe State at the date of this arrangement may
elect to be appointed to thePublic Service of
the Commonwealth and upon resignation from the PublicServiceoftheStateshall,subjecttotheprovisionsoftheStatisticsCurrent as at 31
January 1996Page 5
Commonwealth and State Statistical Agreement
Act 1958Schedule(ArrangementswithStates)Act1956oftheCommonwealthandofthePublicServiceAct1922–1957oftheCommonwealth,beappointedwithoutmedicalorotherexaminationtotheofficeofDeputyCommonwealthStatisticianfortheStateinthePublicServiceoftheCommonwealthbutnotwithstandingthatresignationshallcontinuetooccupytheofficeofGovernmentStatisticianoftheStateunder“TheStatistical
Returns Act,1896to1935” of the State.(2.) In this
arrangement, the expression “the Government Statistician”means
the person for the time being holding, or performing the duties
of,the office of Government Statistician of the
State.4.SubsequentappointmentstotheofficeofDeputyCommonwealthStatistician as
and when it becomes vacant will be made in accordance withand
subject to the procedures of the Commonwealth upon consideration
ofa joint report by the Commonwealth
Statistician and the appropriate Stateauthorities and
the State may at its discretion appoint the same person tothe
office of Government Statistician of the State.5.(1.)ThestaffestablishmentneededfortheIntegratedStatisticalService shall be
considered at appropriate times by a committee consistingof—(a)the Commonwealth Statistician or his
nominee;(b)anofficeroftheStatenominatedbythePublicServiceCommissioneroftheStatewhomaybetheGovernmentStatistician;
and(c)a
person nominated by the Commonwealth.(2.) The
Committee referred to in the last preceding subclause shall
alsoconsider and advise the Commonwealth
Statistician upon the position oftemporary
statistical officers and any other officers working on
statisticsunder the direction of the Government
Statistician.6.With the consent of the Public Service
Board of the Commonwealthand of the Public Service Commissioner
of the State, and subject to theprovisionsoftheStatistics(ArrangementswithStates)Act1956oftheCommonwealthandofthePublicServiceAct1922–1957oftheCommonwealth,theCommonwealthmay,withoutmedicalorotherPage 6Current as at 31 January 1996
Commonwealth and State Statistical Agreement
Act 1958Scheduleexamination,
appoint to, or engage for employment in, the Public ServiceoftheCommonwealth,toperformdutiesintheIntegratedStatisticalService,
employees of the State engaged on duties of a statistical
characterunderthedirectionoftheGovernmentStatisticianwhoelecttobesoappointed.7.Nothing contained in this arrangement
prevents the State—(a)fromretaining,atitsexpenseandonitsbehalf,withtheconsentofthePublicServiceBoardoftheCommonwealthand of the
Public Service Commissioner of the State, any ofitsexistingemployeeswhoareengagedondutiesofastatisticalcharacterunderthedirectionoftheGovernmentStatistician at
the date of this arrangement and who are notappointed to or
engaged for employment in the Public Serviceof the
Commonwealth under this arrangement; or(b)appointing under
its relevant legislation a reasonable numberof new employees
to perform at its expense and on its behalfthe functions of
statistical officers under the direction of theGovernment
Statistician acting in his State capacity.8.(1.)
Persons appointed to, or engaged for employment in, the
PublicServiceoftheCommonwealthinaccordancewithclause6ofthisarrangementshallberequiredtoexecutesuchofthepowersanddutiesconferredon“officers”bytheCensusandStatisticsAct1905–1949,asamendedfromtimetotime,astheyaredirectedbytheCommonwealthStatistician or
the Deputy Commonwealth Statistician to execute.(2.)
Notwithstanding the last preceding subclause, a person
appointedto,orengagedforemploymentin,thePublicServiceoftheCommonwealth in
accordance with clause 6 of this arrangement shall berequired to perform such duties in respect of
the functions of the IntegratedStatisticalServicereferredtoinclause11ofthisarrangementasheisdirectedtoperformbytheCommonwealthStatisticianortheDeputyCommonwealth
Statistician.(3.) The employees referred to in clause 7
of this arrangement will bemadeavailablebytheStatefortheperformanceorexecutionunderthedirectionoftheDeputyCommonwealthStatisticianofanyworkorservices, or the duties of any office, in the
Integrated Statistical Service,Current as at 31
January 1996Page 7
Commonwealth and State Statistical Agreement
Act 1958Scheduleincluding the
execution of any power or duty conferred or imposed on anyofficer under theCommonwealth
Census and Statistics Act1905–1949 asamended from time
to time or any regulations for the time being in forcethereunder, as may be agreed between the
Commonwealth Statistician andtheGovernmentStatisticianactinginhisStatecapacity,andtheCommonwealth shall reimburse to the
State so much of the salaries paid tothose employees
as may be agreed between the Public Service Board of theCommonwealth and the Public Service
Commissioner of the State.9.Except where
otherwise expressly provided, the Commonwealth willmeet
the full cost of the staff, equipment, printing, office
accommodationand other things required for the Integrated
Statistical Service.10.Where the same
person holds the office of Deputy CommonwealthStatistician and
also the office of Government Statistician of the State thatperson—(a)whenactinginhiscapacityasDeputyCommonwealthStatistician,
shall be responsible to the Commonwealth for thedue
performance of his duties in connexion with the collectionand
compilation of statistics in accordance with the laws oftheCommonwealthrelatingtheretoandshallbefreefrominterference or control by the State;
and(b)when
acting in his capacity of Government Statistician of theState, shall be responsible to the State for
the due performanceof his duties in connexion with the
collection and compilationof statistics in accordance with the
laws of the State relatingthereto, and shall be free from
interference or control by theCommonwealth.11.(1.)
The Integrated Statistical Service shall, among other
things—(a)continue to compile and publish unless
otherwise determinedbytheStatethosestatisticswhichwere,beforethecommencement of this arrangement,
compiled and publishedby the Government Statistician of the
State;(b)provide the like services of a statistical
character which were,beforethecommencementofthisarrangementprovidedbyPage 8Current as at 31
January 1996
Commonwealth and State Statistical Agreement
Act 1958ScheduletheGovernmentStatisticianforStateDepartmentsandInstrumentalities; and(c)compileandpublishsuchotherstatisticalmatterasmayreasonably be
required for the purposes of the State or of theCommonwealth.(2.)Inparticularandwithoutprejudicetothegeneralityoftheprovisions of subclause (1.) of this
clause, the Integrated Statistical Servicewill
continue—(a)to
publish a Queensland Year Book and a Queensland PocketYear
Book; and(b)to
compile—(i.)statistics of
interstate trade;(ii.)statisticsofcasesofsicknessinpublicandprivatehospitals;(iii.)statisticsoftrafficaccidentsandcriminalcasesasrequired for the Annual Report of the
Commissioner ofPolice;(iv.)statistics of prisoners as required for the
Annual Reportof the Comptroller of Prisons; and(v.)herd testing
records for the Department of Agricultureand
Stock.12.(1.)TheDeputyCommonwealthStatisticianandhisofficerswillhaveaccesstoallStatestatisticalrecords,bothpastandcurrent,andtosources of statistics in all Government
Departments and InstrumentalitiesoftheState,butshallobserveandcomplywithallstatutesoftheStaterelatingtothoserecordsorsources,includingprovisionsrelatingtosecrecy.(2.) The
Government Statistician when acting in his State capacity
shallhave the right to full access to all records
and sources of statistics of theIntegrated
Statistical Service, both past and current, and shall retain
thisright whether or not he is also Deputy
Commonwealth Statistician underthis arrangement,
but he and his officers shall observe and comply with allCurrent as at 31 January 1996Page
9
Commonwealth and State Statistical Agreement
Act 1958SchedulestatutesoftheCommonwealthrelatingtothoserecords,includingprovisions
relating to secrecy.13.(1.)TheStatewillmakeavailabletotheIntegratedStatisticalService the
services of the members of the Police Force of the State for
thecollection of statistics in the same manner
as those services were providedimmediatelypriortothedateofthisarrangementtotheGovernmentStatisticiansubjecttofurthermodificationatanytimebyarrangementbetween the
Commonwealth Statistician and the Commissioner of Policeof
the State.(2.) The Commonwealth will pay the postal,
freight and other expensesincurred in connexion with the
statistical activities of the Police Force onbehalfoftheIntegratedStatisticalServiceonthebasisnowcustomarysubjecttoadjustmentfromtimetotimebyagreementbetweentheCommonwealth Statistician and the
Commissioner of Police of the State.14.TheDeputyCommonwealthStatisticianandthestaffoftheIntegrated Statistical Service will, so
far as it is consistent with the properoperation of the
Service, be located in the capital city of the State on a
siteconveniently near the State Parliament House
and the Treasury Building orin such other
place as may be agreed between the Commonwealth and theState.15.(1.)UntilotherprovisionismadefortheIntegratedStatisticalService in
accordance with this arrangement, that part of the premises
inGeorge Street, Brisbane, known as “The
Mansions”, occupied by the Stateimmediatelypriortotheexecutionofthisarrangementforstatisticalpurposes only
shall be made available by the State to the Commonwealthfor
the Integrated Statistical Service.(2.) The
Commonwealth will pay to the State for the use and
occupationof the premises monthly payments calculated
at the rate or rates from timeto time
applicable under this clause.The first
monthly payment shall be calculated in respect of the periodcommencing on the first day of November,
1957, and shall be payable onthe last day of
the calendar month during which this arrangement is enteredinto;
monthly payments in respect of each and every subsequent
calendarPage 10Current as at 31
January 1996
Commonwealth and State Statistical Agreement
Act 1958Schedulemonth shall be
payable on the last day of the month in respect of which thepayment is calculated.(3.) Subject to
this clause, during the period of five years commencingon
the first day of November, 1957, the rate at which monthly payments
aretobemadebytheCommonwealthshallbeSixthousandtwohundredpounds(£6,200)perannum,whichratecomprisesarentalofFourthousand five
hundred pounds (£4,500), cleaning charges of One thousandfivehundredpounds(£1,500),andwaterandseweragechargesofTwohundred pounds
(£200).(4.)Therateatwhichthemonthlypaymentsarecalculatedshallbereviewedattheexpirationofthesaidperiodoffiveyearsandofeachsuccessive period of five years thereafter
and the rate at which paymentsshall be
calculated for the next respective period of five years shall,
subjectto this clause, be such rate as is agreed
upon between the CommonwealthandtheStateasafairandreasonablerateforthatperiodandfailingagreementsuchrateasistobedeterminedbythePublicServiceCommissioner of the State.(5.)
Notwithstanding the provisions of subclause (1.) of this clause,
theuseandoccupationofthepremisesbytheCommonwealthshallbeterminable at any time on six months
notice given by either party to theother if at the
time of a review or upon a determination being made, underthelastprecedingsubclauseeithertheCommonwealthortheStatesostipulates.(6.) If at any
time the whole or any portion of that part of the premiseswhich
is not made available to the Commonwealth under subclause (1.)
ofthis clause—(a)is required by
the Integrated Statistical Service; and(b)can be made
available for the Integrated Statistical Service bythe
State,the whole or that portion, as the case may
be, shall be made available to theCommonwealth for
the Integrated Statistical Service and in that event therentalcomponentoftherateatwhichpaymentsarecalculatedbytheCommonwealth shall be increased by a
sum equal to that proportion of therental specified
in subclause (3.) of this clause which the floor area madeavailable bears to the floor area of that
part of the premises made availableto the
Commonwealth under subclause (1.) of this clause, or by such
othersum as may be agreed between the Commonwealth
and the State.Current as at 31 January 1996Page
11
Commonwealth and State Statistical Agreement
Act 1958Schedule(7.)TheCommonwealthwillpayallchargesforelectricityandgassupplied to the premises.(8.)
Subject to the next succeeding subclause, the State will arrange
for,and will bear the cost of, the cleaning of
the premises.(9.) When the State makes the whole of the
premises available to theCommonwealth for the Integrated
Statistical Service the Commonwealthwillbecomeresponsibleforthecleaningofthepremisesandforthepayment of the
costs thereof and also for the payment of all charges forwater
and sewerage, and the rate at which the monthly payments by
theCommonwealth to the State are calculated
shall thereupon cease to includeany charges
attributable to those items.(10.) The
Commonwealth will, subject to the next succeeding subclause,arrange for and pay all costs of internal
maintenance and alterations (if any)required in the
portion of the premises occupied from time to time by theIntegrated Statistical Service and the State
will arrange for and pay all costsof external
maintenance, repairs and alterations to the premises.(11.) The Commonwealth shall not, without
the consent of the State firsthadandobtained,makeorpermittobemadeanyalterationstothepremises or any part thereof.(12.) The Commonwealth shall have only such
occupation of the landsupon which the premises are erected and
the lands of the State adjacenttheretoasarenecessarytoenabletheCommonwealth,itsofficersandservantstooccupyandusethepremisesfortheIntegratedStatisticalService and to
have access to and from the premises.16.(1.)TheStatewillmakeavailable,freeofcharge,totheCommonwealth, for use by the Integrated
Statistical Service, all furniture,books and other
equipment, excluding Powers’ punch card equipment, inuse
by the Government Statistician at the date of this
arrangement.(2.)ThePowers’punchcardequipmentnowoperatedbytheGovernment Statistician shall remain
the property of the State but will bemadeavailablefreeofchargefortheuseoftheIntegratedStatisticalServiceuntilsuchtimeastheCommonwealthotherwiseprovides.TheCommonwealth shall pay the maintenance and
repair and like charges onsuch of these machines as are at the
date of this arrangement on charge tothe Government
Statistician.Page 12Current as at 31
January 1996
Commonwealth and State Statistical Agreement
Act 1958Schedule17.(1.)
Unless otherwise agreed by all Government Statisticians of
theStates, the Commonwealth Statistician will
arrange an annual conferencewiththeDeputyCommonwealthStatisticiansandtheGovernmentStatisticians of
the several States to discuss and resolve agenda items onany
statistical matter proposed by any Statistician.(2.)TheCommonwealthandtheStateagreethattheconferenceofStatisticians may consider and advise the two
Governments on any matterarising under or relating to this
arrangement.18.(1.) In the event of any major
difficulty or dispute arising out of thisarrangement,theCommonwealthortheStatemayrequestthatitbeconsidered by a
Joint Statistical Committee.(2.) A Joint
Statistical Committee will be constituted for the occasionand
will consist of five members being two representatives nominated
bytheCommonwealth,tworepresentativesnominatedbytheStateandanindependentmemberagreeduponbytheCommonwealthandtheStatewho shall be the
Chairman of the Committee.(3.) The Committee will report its
recommendations upon any questionconsidered by it
in pursuance of this clause to the respective Governments,butthoserecommendationsshallnotbeconclusiveorbindingoneitherGovernment.19.The
Commonwealth agrees to reimburse to the State, upon claimscertified by the Auditor-General of the
State—(a)the
salary and allowances paid to each employee of the Statewho
is appointed to, or engaged for employment in, the PublicServiceoftheCommonwealthunderclause6ofthisarrangement in
respect of the period commencing on the firstdayofJuly,1957,andendingonthedateuponwhichtheofficer is so appointed or engaged;(b)the
salary and allowance paid to each employee of the Statewho—(i.)is
engaged on duties of a statistical character under thedirection of the Government Statistician at
the date ofthis arrangement;Current as at 31
January 1996Page 13
Commonwealth and State Statistical Agreement
Act 1958Schedule(ii.)is
not appointed to, or engaged for employment in, thePublic Service of the Commonwealth under
clause 6 ofthis arrangement; and(iii.)is
not retained by the State in accordance with paragraph(a) of clause 7 of
this arrangement,in respect of the period commencing on the
first day of July,1957,andendingthedateuponwhichtheservicesofthatemployee are not
required by the Integrated Statistical Serviceby reason of the
appointment of an officer, or the engagementof an employee,
under thePublic Service Act1922–1957
ofthe Commonwealth; and(c)travellingexpensesandprinting,stationeryandotherincidentalexpenditureincurredandpaidbytheStateinconnexionwiththenormaloperationoftheGovernmentStatistician’s
office on and from the first day of July, 1957,untilsuchtimeastheIntegratedStatisticalServiceisconstituted.Page 14Current as at 31 January 1996
Commonwealth and State Statistical Agreement
Act 1958ScheduleDATED this
fourteenth day of December, 1957.W. J. SLIM,
Governor-General.By His Excellency’s Command,A.
W. FADDEN.ALAN J. MANSFIELD, AdministratorBy
His Excellency’s Command,FRANK NICKLIN.Current as at 31
January 1996Page 15
Commonwealth and State Statistical Agreement
Act 1958EndnotesEndnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.163Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .164Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .175List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .176Table of obsolete and redundant
provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .172Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c).However,
noamendments have commenced operation on or
before that day.Future amendments of theCommonwealth and
State Statistical Agreement Act 1958 may be made in
accordancewith this reprint under the Reprints Act
1992, section 49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in
comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousPage 16Key(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumberedCurrent as at 31
January 1996