Steve Georganas (Hindmarsh, Australian Labor Party) Share this | Hansard source

I rise to support the Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 currently before this chamber. These amendments to section 22A and 22C of the current act will provide the Minister for Immigration and Citizenship with personal powers to apply alternative residence requirements for special cases.

The requirements would be applied in favour of an applicant for Australian citizenship who engages in an activity that is of benefit to our nation or is engaged in work of a special kind that requires them to regularly travel to and from Australia but who does not meet the residence requirements for citizenship in the current act.

These changes by the government will enable medical professionals, writers, people doing fellowships at universities, whose role requires much travel and is part of their profession, and those engaging in the performing or visual arts and business people, who are CEOs of companies et cetera, flexibility in the attainment of Australian citizenship. These include scientists, employed by Australian universities, who have attained a PhD in their field of specialty and are undertaking research and development that will benefit Australia in the long run, or are employed by CSIRO or a medical research institution that is a member of the Association of Australian Medical Research Institutes.

These are the types of people this particular bill has been developed to accommodate. We are talking about medical specialists, internationally renowned in their field, who are fellows of an organisation. Part 1 of the Health Insurance Regulations 1975 has a schedule that lists the organisations. If they are on that list they would qualify. There are writers and those engaged in the performing or visual arts who are the holder of or who have held a Distinguished Talent Visa and, as I said, chief executive officers and managers of the ASX, for example, and a whole range of other companies in Australia's 200 listed companies.

I have had some involvement with a constituent of mine who is in exactly this situation. He falls between the gaps. He is an Italian gentleman, Mr Cesare Lastella, who came to Australia in the late seventies,. Because of his employment, he has had to travel continuously from the late seventies, when he first became a permanent resident, and he has not been able to get citizenship because he has exited Australia sometimes up to three times a year. He is a CEO and at the high end of his profession. I hope that this will assist him. I have had many meetings with him and have made representations to the department on behalf of Mr Lastella. I think this bill will help many people who have been committed to Australia and who have been living here for many years—in Mr Lastella's case, well over 35 years—but who cannot get citizenship because of the travel demands of their profession.

The government understands the significance, the privilege and the importance of Australian citizenship. In recognition of that, these amendments maintain many of the existing citizenship requirements and provide significant additional safeguards. But they also provide that necessary flexibility to allow a pathway to citizenship for those people who can bring benefit to Australia but who have been unable to gain citizenship because of the to-and-fro travel requirements of their jobs.

The legislation also gives the minister the power to personally revoke their citizenship if they do not honour their commitments. The minister is also able to require that the person surrenders any certificate of Australian citizenship they have in their possession. The minister may also revoke the citizenship of a child under 18 if, for example, their parent has their citizenship revoked. However, this cannot be done if the child has another responsible parent who is an Australian citizen or if a responsible parent with Australian citizenship has died.

Currently, to become a citizen, an applicant has to be able, among other things, to establish their good character and their identity and to demonstrate their English language proficiency. In addition, applicants have to meet either general or special residence requirements. This bill allows the minister to determine that the following alternative requirements apply instead of the usual special residence requirements: that the applicant was present in Australia for at least 180 days during the two years prior to the application; that the applicant was a permanent resident throughout the 90 days immediately prior to the application; and that the applicant was not present in Australia as an unlawful citizen at any time during the 180 days immediately prior to the application.

The proposed amendments will give the Minister for Immigration and Citizenship a discretion to provide a pathway to citizenship to a small number of people in very exceptional circumstances—such as in the example of my constituent, Mr Lastella—but only where their becoming a citizen would be of benefit to Australia. I am very proud to welcome these new citizens to our great country. I commend the bill to the House.

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