The Australian government's intervention into the national census, and its sudden backflip, has broken trust and left it unclear what's next.

After the Australian government’s unprecedented intervention into the national census, the Australian statistical office will need to do significant work rebuilding the nation’s trust.

After about two years of consultation, the Australian Bureau of Statistics’ (ABS) consideration of whether to add or amend questions ahead of the 2026 census was suddenly and unexpectedly ended by government minister Andrew Leigh.

The government’s reason for not moving further with the process – which considered questions around Indigenous cultural identity, reasons for moving house, gender, sex variations, and sexual orientation –was fears it would “cause divisive debate“. Even the ABS was caught off guard.

The backlash has been swift and fierce. Some have called for a boycott of the census, or to vandalise it with incorrect information. Government officials from the Labor Party publicly criticised and defended the decision to exclude new questions.

In response, Prime Minister Anthony Albanese backflipped, announcing that sexual orientation would be reconsidered for inclusion.

Exclusion of these new items has particularly harsh impacts on queer people, trans folk, and those born intersex. Without the census information, Australia has no way of knowing the characteristics and circumstances of people in this important community. Lack of information risks the health and wellbeing of an already marginalised chunk of the Australian population.

What’s counted in the census matters because what matters is counted. Excluding these items from the census devalues those communities.

Independence and process

The Australian census is mandatory and held every five years. While not without controversies, the census has largely avoided the problems plaguing countries such as the United States.

The census is covered by legislation determining its conduct, how often it happens and what data it is required to capture. Unlike in the US, data from the Australian census is not available detailing individuals.

New content for the 2026 census will have to go through a process known as as the issuing of regulations. Photo: Steve Tritton/shutterstock.com.

The ABS is an independent statutory authority, created as a separate arm from government to avoid political and ministerial interference to ensure autonomy, reflecting international best practice.

The government funds the ABS, with the bureau chief accountable to the responsible minister.

Preparation for a census generally takes seven years, with questionnaires confirmed the year before data collection to enable materials preparation.

Of the nearly 70 questions, religion is the only voluntary census item.

The 2021 census was the first time in nearly a generation that new content was added to the questionnaire. This came about through a formal public consultation process.

The ABS tested a question on sexual orientation ahead of the 2021 census, reporting difficulties relating to respondent comprehension, privacy and discomfort. Concerns were also raised about the ability of one householder to respond on behalf of everyone in the home. Gender identity was also tested and found to be too inaccurate for inclusion.

In the lead up to the 2021 census, sexual orientation was included in some forms, resulting in around 20,000 questionnaires being pulped. The then-chief statistician, Dr David Kalisch, admitted the Coalition government and minister responsible, Michael Sukkar, would not likely support its inclusion.

A human rights complaint was made due to the exclusionary nature of the questions for gender diverse people and the lack of a question on sexual orientation. The ABS issued a statement of regret for harm caused by the lack of inclusivity, committing to do better.

Public consultation for census 2026 began in 2023. Five new topic items were identified for inclusion: Aboriginal and Torres Strait Islander cultural identity, main reason for moving in the last 12 months, gender, sexual orientation, and variations of sex characteristics.

Next steps for the census were due the day after news leaked to Sky News and subsequent one-sentence comment from the minister, but was abandoned. No further methodological explanation, outside media comments, have been provided.

Making sense of the census

Census questions must be capable of being reported on by one householder for all and understood by someone with a Year 7 reading and comprehension level. Other criteria for inclusion are national data priorities and needs.

People completing the census in Australia can request an individual form where they don’t want to share personal information with the people they live with, such as in share houses or multi-family living where privacy concerning income and other personal matters is a concern.

Unless someone is living with a partner in a same-sex relationship, there is no means by which people are identified other than heterosexual in the Australian census.

Australians are assumed to be heterosocial, erasing identity from hundreds of thousands of people. Through census data collation and cleaning, the ABS can construct a snapshot of same-sex couples based on reported sex and relationships among people in a household.

What is known about same-sex attracted Australians is an estimate. Queer people in heterosexual relationships, not living with a partner, and/or not captured in the ABS data cleaning are essentially missing from the nation’s family photograph.

Sexual orientation was asked and reported on in the General Social Survey (GSS) 2019, despite its exclusion from census 2021. The GSS is a household survey, similar to the census, involving a sample of more than 3,500 people.

The question was based on the ABS’s own Standard for Sex, Gender, Variations of Sex Characteristics and Sexual Orientation Variables, 2020. Findings demonstrated social and health disparities for same-sex attracted people.

What happens elsewhere

Australian censuses are largely informed by international best practice, in line with similar English-speaking countries. On the question of gender and sexual orientation, Australia is an outlier.

England, Wales and Northern Ireland included a voluntary question of people aged 16 and over on sexual orientation and gender in their 2021 censusNew Zealand’s 2023 census asked about gender and sexual orientation. Canada asks about gender but not sexual orientation.

While the US census in 2020 didn’t include sexual orientation or gender, these questions will be tested in an upcoming American Community Survey.

Census legislation?

The next steps for census 2026 are unclear. Regardless of what happens next, if there is to be new content in the census questionnaire, there will need to be a process known as the issuing of regulations.

The Treasury department prepares an amendment to the Census and Statistics Regulation 2016 and presents it to both houses of parliament. Regulations pass through parliament in a tabling process, but aren’t legislative changes and may not even be discussed. It can essentially be an administrative tick and flick. Census 2021 changes were tabled in parliament without any debate or discussion.

Whatever the outcome on census questions, the Australian statistical office will need to do significant work rebuilding the nation’s trust. Without trust traditional census taking could be seriously compromised.

Originally published under Creative Commons by 360info.

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