Craig Thomson (Dobell, Australian Labor Party) Share this | Hansard source

I would like to acknowledge the member for Kooyong’s and the member for McMillan’s longstanding commitment to these issues of immigration. They have taken a very principled position over many, many years despite such a position not being popular within their own party. I think that should be acknowledged.

However, I rise to support the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009. I am just going to concentrate on one part of the bill—that which deals with elite athletes. The amendments to this bill are to provide for a reduced period of residence for certain persons in special circumstances who, because of their professions, are prevented from meeting the residence requirement of Australian citizenship because they spend large periods of time outside Australia. The amendments to the bill amend the Australian Citizenship Act 2007 to: provide, in a new schedule 2 of the bill, for special residence requirements for certain people seeking to represent Australia at international events and certain persons engaged in particular kinds of work requiring regular travel outside Australia; provide for the current residence requirement in the act to be defined as the ‘general residence requirement’ to distinguish between the ‘special residence requirement’ and the ‘general residence requirement’; provide for certain ministerial discretions in relation to administrative error and confinement in prison or psychiatric institutions to apply in relation to the special residence requirement; and provide that the minister may approve a person becoming an Australian citizen when the person is not present in Australia if that person satisfies the special residence requirement. The revamped requirements will create a fairer system for people who, due to circumstances beyond their control, are currently ineligible for citizenship.

In three years time the euphoria and excitement of the Olympic Games will again be shared by many thousands of Australians as we barrack for our elite athletes, hoping to see them set new world records and bring home lots of medals from London. We will be cheering them on by staying awake to watch the telecasts, sending them messages of encouragement and putting up thousands of blogs on websites. Not all our athletes and Olympians were born in Australia but those who were born in other countries who have now made Australia home are proud to be citizens of this country and honoured to represent this country at such pinnacle sporting events as the Olympics and the Commonwealth Games.

Naturally, we are happy that they have made the decision to become Australian citizens. The fact that these athletes choose to come and live in Australia not only provides a boost to our medal chances but enhances the lives of so many others, providing even further inspiration to our future sporting stars alongside the multitude of talent that this country has produced. We are a relatively small country, and one of the difficulties in competition for elite sportsmen is getting that competition in Australia; it means that they need to travel often and spend extended periods of time overseas. It is also a fact that, when elite athletes migrate and become citizens of this country, the competition within this country that helps to develop and further foster local talent is enhanced. But it has not always been easy for athletes to take the steps to become a citizen because the nature of their athletic careers means that they are often away competing in various parts of the world. Not being in Australia a lot impedes their efforts to become citizens of this country.

The changes under this bill, which include changes to Australia’s residency requirements, will enable elite athletes and people in other specialised professions who move to Australia but travel frequently to become citizens. Under the current legislation, elite athletes, tennis players and other professionals, such as international airline pilots and offshore oil rig workers, do not meet the residency requirements for Australian citizenship because they are required to travel extensively outside Australia as part of their employment. People who are out of the country for 90 days or more in the year before applying for citizenship are currently ineligible to become citizens. For many people pursuing athletic careers and the like, being away from Australia for 90 days or more is not unusual by any means. In 2007, the previous government also changed the residency requirement for citizenship from two years to four years and removed certain discretionary residence provisions, leaving a small group of people significantly disadvantaged. Due to their professional travel commitments, people who are ordinarily resident in Australia are unable to be present in the country for the required period of time, and this effectively excludes them from becoming Australian citizens. The Rudd government believe the current residency requirements serve as an artificial barrier that stops people who choose to and want to become Australian citizens from becoming Australian citizens. We also believe in fairness and, through the changes we are making, we seek to make it fairer for people who want to be Australian citizens but, because of their professional sporting careers or their jobs, are ineligible because of the amount of time they have to spend outside Australia.

The amendments do not apply to all elite athletes, only to those who have the potential to represent Australia at the international level and require citizenship to do so. These changes will create a pathway to citizenship for elite athletes and people in specialist professions whose jobs require them to travel overseas for work. Under amendments to the Australian Citizenship Act 2007, people in special circumstances, such as elite athletes, will need to have been a permanent resident for two years before their application with at least six months physically in Australia, require citizenship to represent Australia in their sport and have their application supported by a recognised national peak body, such as the Australian Olympic Committee or Tennis Australia. Specialist professionals will need to have been lawfully resident in Australia for four years immediately before applying for Australian citizenship with at least 16 months physically in Australia, travel extensively in the course of their work and have their citizenship application supported by their current employer.

The reduction in the period of time for elite athletes reflects their limited career time span. For instance, the Olympics only come around once every four years, so to maintain the existing requirements would mean that an athlete born overseas who is a permanent resident of Australia and competing for Australia at other international events would not be eligible to compete at an Olympics eight years after he or she arrives in Australia. Given the limited time span, it was considered unfair to deny an athlete who is 100 per cent committed to Australia the opportunity to compete at the Olympic Games. Often these athletes are already competing for Australia in other international events, but events such as the Olympics require citizenship to compete. All applicants will need to be able to show that, despite spending periods of time overseas, their home is Australia. They will also be required to meet all other legal requirements for citizenship, including sitting and passing the citizenship test. These changes will lead to more gold medals and more major titles and trophies for Australia at sporting events, as well as provide a real win for the national workforce.

Looking at this bill in a little more detail, one of its main points is to provide that an applicant satisfies the special residence requirement if the applicant is seeking to represent Australia at an event and, taking into account the selection process for that event, there is insufficient time for the applicant to satisfy the general residence requirement of the act. A person satisfies the special residence requirement if: the applicant is seeking to represent Australia at an event specified under a new subsection, the applicant needs to be an Australian citizen in order to represent Australia at that event and, taking into account the selection processes for the event, there is insufficient time for the applicant to satisfy the general residence requirement; under another new subsection, the head of an organisation specified, or a person whom the minister is satisfied is a senior person in that organisation, has given the minister a notice in writing stating that the applicant has a reasonable prospect of being selected to represent Australia at that event; the applicant was present in Australia for at least 180 days during the period of two years immediately before the applicant made the application; the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; the applicant was ordinarily resident in Australia throughout the period of two years immediately before the day the applicant made the application; the applicant was a permanent resident for the period of two years immediately before the day the applicant made the application; and the applicant was not present in Australia as an unlawful noncitizen at any time during the period of two years immediately before the day the applicant made the application.

The proposed changes to criteria for people in specialist professions are: permanent residency in Australia for 12 months immediately prior to the application; lawful residence in Australia for four years immediately prior to application for a person ordinarily resident in Australia during that period; 480 days, or 16 months, physical presence in Australia during that four-year period, including 120 days in the 12 months immediately prior to application; a requirement to travel extensively outside Australia due to the nature of their profession; and, as I said earlier, support for their application by their current employer.

The changes under this bill will create a smoother path to citizenship for elite athletes and people in the specialist professions and will enable Australia to benefit from the talents and skills they bring to this country. I therefore commend the bill to the House.

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