Linda Kirk (SA, Australian Labor Party) Share this | Hansard source

I rise to speak on the Australian Citizenship Amendment (Citizenship Testing) Bill 2007. As we have heard, the bill seeks to amend the Australian Citizenship Act by requiring prospective applicants for Australian citizenship who meet the eligibility criteria to successfully complete a citizenship test before they are conferred with Australian citizenship. As Senator Barnett mentioned, the Senate Standing Committee on Legal and Constitutional Affairs conducted an inquiry into this legislation, held public hearings during July and tabled our report on 31 July 2007. Labor have indicated that we will support the passage of this legislation through the Senate, and Senator Lundy foreshadowed an amendment which we will be moving to the bill.

In the time that I have available today, I would like to address some of the concerns that were raised by witnesses about the bill during the Senate inquiry. In the matters canvassed during the Senate inquiry, legitimate concerns were raised about the purpose, nature and content of the citizenship test and its potential impact in operation, which, in my view, must be carefully monitored and reviewed once the test is introduced.

There is no doubt that Australian citizenship is highly valued by those who are fortunate enough to obtain it. Since the enactment of the Citizenship Act in 1949, over four million people have been conferred with Australian citizenship, and there are currently close to one million permanent residents who are eligible to obtain citizenship status. What comes with taking that final step from residency to citizenship is a person’s acknowledgement and acceptance of an extra set of privileges and responsibilities. Australian citizens may reside freely in Australia, hold an Australian passport, vote, serve in the armed forces, work in the public sector, stand for parliament and seek diplomatic assistance when overseas.

The current eligibility provisions for a citizenship applicant under the act require the applicant to have an understanding of the nature of their application for citizenship and a basic knowledge of the English language. The legislation before us today inserts an additional requirement that applicants for Australian citizenship must have an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship. The bill proposes that these criteria be fulfilled by the successful completion of the citizenship test approved by the minister. The explanatory memorandum states:

There is no other way for these criteria to be satisfied, other than by successfully completing a test.

The necessity for this requirement of the citizenship test was the main consideration at the hearings held by the Senate committee. A number of witnesses queried whether a citizenship test was a necessary addition to current citizenship arrangements. The committee received a number of submissions which questioned the need for the test and also questioned whether there was any evidence that demonstrated a need to change the current citizenship law. For example, the Centre for Human Rights Education at Curtin University of Technology submitted to the committee that the current citizenship ceremony and concomitant pledge are sufficient to indicate a person’s commitment to Australia and the community. The Castan Centre for Human Rights Law at Monash University submitted that now there is a lesser need for a formal testing arrangement, given the requirement that a permanent resident, before applying for citizenship, must have lived in the country for a period of four years.

It remains to be seen what a formal test will add to the integration of new migrants into the Australian community. It is said that one of the aims of the test is to achieve a more inclusive society. The explanatory memorandum states:

The introduction of a citizenship test is a key part of the Government’s ongoing commitment to help migrants successfully integrate into the Australian community.

However, the test, by its very nature, is a very exclusionary measure for achieving this aim. By their very nature, tests are designed to be passed or failed.

Debate interrupted.