House debates

Tuesday, 31 October 2006

Australian Citizenship Bill 2005; Australian Citizenship (Transitionals and Consequentials) Bill 2005

Second Reading

4:49 pm

Photo of Louise MarkusLouise Markus (Greenway, Liberal Party) Share this | Hansard source

I rise today to speak on the Australian Citizenship Bill 2005 and the Australian Citizenship (Transitionals and Consequentials) Bill 2005. This new package introduces a number of amendments to both bills so that the government can achieve better structured and more accessible and modernised citizenship legislation. The amendments in these bills address a number of the recommendations that were made by the Senate Legal and Constitutional Legislation Committee inquiry, the report of which was tabled in February this year.

One of the most significant points is the incorporation of simplified outlines to assist readers to understand the legislation and clarification of the circumstances in which an application for citizenship may be made by a child in their own right and those in which an application may be considered as part of the application by a responsible parent.

Since the introduction of Australian citizenship in 1949, more than 3.5 million people have become citizens. Today, 95 per cent of the population are Australian citizens. This bill has come about to rationalise and update the original act, which was first passed in 1948, so that more people can share the privilege of becoming Australian citizens over the coming years. Also, we must not forget the 900,000 permanent residents who are eligible to become citizens, should they choose to take the steps towards citizenship.

Citizenship gives individuals the right to be an Australian, to vote and to have a voice in this country’s future. The importance of raising the value and awareness of citizenship cannot be underestimated. After all, apart from our Indigenous population, we are indeed a migrant population. I see this in my electorate of Greenway every day, where there are families and individuals from all parts of the globe: more than 100 different nationalities are represented. In 2004-05 alone, more than 93,000 people from over 170 different countries took Australian citizenship. This bill will provide an opportunity for other individuals who want to share in the future of this country.

The major provision in this bill is the recently announced and widely publicised amendment of the requirements to apply for citizenship. Currently, individuals who wish to apply for citizenship are required to have spent a minimum of two years as a permanent resident in Australia in the last five years, including 12 months in the last two years. However, the proposed amendment coincides with changes to government policy on the residency requirement. These changes will mean individuals who wish to apply for Australian citizenship must have a minimum of four years lawful residence in Australia immediately prior to making an application for citizenship. The four years of lawful residence must include at least 12 months as a permanent resident. This is similar to current residency requirements in other countries such as the UK, Canada and the US.

It is important for prospective citizens to understand and appreciate the Australian way of life and the commitment they are required to make to become a citizen. To do this, they must have spent a reasonable period of time living in Australia, so that they are familiar with the Australian values and our way of life and can integrate successfully into Australian life. I would like to highlight these key values: respect for the unique, intrinsic value of each individual; respect for the rule of law; the equality of men and women; a fair go for all; and compassion for those in need.

In the recent week, we have had the third point I mentioned—equality between men and women—challenged by comments by Sheikh al-Hilali. Can I first acknowledge that I have many dear friends in the Muslim community that abhor these comments. These comments are not about religion; they are about the value of and the attitude towards women. His comments are unacceptable and, can I say, unequivocally un-Australian. In this nation, Australia, we are proud that men and women can stand side by side and that in this House we can work together to plan and work towards the future of our children and our children’s children. It is critical that women and men are treated equally.

Equally significant is a change in government policy to individuals who have renounced their citizenship to acquire or retain another citizenship. Now, former citizens who resume their Australian citizenship will be able to sponsor family members for migration to Australia. On the weekend I attended a citizenship ceremony for the Maltese community in Marsden Park, in Western Sydney. The opening statements were made by Charles Mifsud, president of the Maltese Community Council. His statements were about his pride in being Australian, his and his community’s loyalty and commitment to Australia and to its future, and his gratitude for what Australia has given to him and to his community.

The Maltese community have contributed significantly to the local area. In my electorate of Greenway they have worked hard; they have worked side by side. Many of them have contributed towards the food needs of the greater part of Sydney, having worked the land. This legislation is significant to the Maltese community. I acknowledge that they would have liked the Australian government to have gone a little bit further, and that can possibly be looked at as time progresses.

As part of the policy rationale within these bills a number of discretions which were difficult to administer will be removed from the bills. The most significant is in relation to periods of time spent overseas involved in activities that are beneficial to Australia. However, there is also a recognition that time may need to be spent outside Australia, and therefore periods totalling more than 12 months in the four years, including three months in the 12 months, prior to application will not affect eligibility. However, two discretions have been included. The first is that it is better to recognise interdependent partners of Australian citizens. The other discretion will provide for the minister to treat a period spent in Australia, other than as a permanent resident or an unlawful noncitizen, as a period of permanent residence if the person would suffer significant hardship or disadvantage if citizenship were not granted. These two discretions will make the process much more flexible and accessible for those applying for citizenship.

The amendments laid out in these bills will not only provide transparent legislation to support the Australian Citizenship Bill 2005 and the Australian Citizenship (Transitionals and Consequentials) Bill 2005; they also raise the awareness of the value of citizenship and encourage eligible people to become citizens. Australian citizenship is a privilege; it is not a right. And with it comes the opportunity to be one of the many voices that make up this nation, Australia. It provides individuals, families and communities with the chance to become a part of one of the safest, most prosperous and most peaceful societies in the world.

Our citizenship law and policy have been at the heart of success of these programs. Our law and policy have changed over time to reflect the changes in Australian society, and the amendments that have been set forth today reflect those changes. For these reasons, I commend these bills to the chamber.

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