Chris Ellison (WA, Liberal Party, Minister for Human Services) Share this | Hansard source

The government oppose these amendments proposed by the Democrats for a number of reasons, some of which we hold in common with what Senator Ludwig outlined. I think this has the propensity to result in two streams of applicants for citizenship: those who require an education program and those who do not. More importantly, it presupposes that there is a cohort of applicants for citizenship who do require some education. We have a resources book, and that is where the questions would be drawn from. We say to people: ‘Look, there is the resources book. The test is there for you all.’ As to how that is developed over time and how it is implemented, we have dealt with concerns by saying that we will have a review of this. We not only will closely monitor how this is implemented but also have agreed to a review in three years time.

The Democrats also seek to make this a legislative instrument which would be subject to review by the parliament according to the Legislative Instruments Act. We do not believe it appropriate that this be subject to that act. It would lead to uncertainty because you would have a test in place and a system in place which people had come to accept and then subsequently it could be changed because it is disallowed under the provisions of the Legislative Instruments Act. Of course, that would need a majority of parliamentarians to support it, but this is something which could be done with less requirement than, say, an act of parliament. To that extent, we believe it could lead to some uncertainty. So I say to the Democrats, Mr Temporary Chairman, that we certainly will be watching the implementation of this closely. I think we have approached it carefully—for instance, taking into account youth, age and mental incapacity. People under 18, those over 60 and those with a mental incapacity will not be subject to the test. I think that to go any further, however, would create a division within the community of applicants for citizenship. For those reasons, we oppose the Democrats amendments.