Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

The coalition is pleased to support the Australian Citizenship Amendment (Special Residence Requirements) Bill 2013. The bill proposes amendments to the Australian Citizenship Act 2007 to enable granting of citizenship within a shorter qualifying time period in exceptional cases where it is in the national interest to do so. Currently, there is a general residence requirement under the citizenship act that a person must reside in Australia for four years before they are eligible to apply for Australian citizenship. The act also provides for special residence requirements for persons engaged in activities that are of benefit to Australia or for persons in particular kinds of work requiring regular travel outside Australia. These special residence requirements allow the conferral of citizenship under the reduced residency requirements set out in sections 22A and 22B of the act.

The key effect of the bill is to increase the flexibility available in exceptional cases under these special residence requirements by providing the minister with the discretion to invite an application for citizenship where a person has been a permanent resident for at least the preceding 90 days and several other criteria are met. This power can be exercised only by the minister. The minister cannot be compelled to use the power; nor is it subject to appeal. It can only be applied in a case which demonstrates a clear national interest. The bill rightly ensures transparency in the use of this power by requiring the minister to table a statement in parliament within 15 sitting days from the date a person becomes an Australian citizen through the use of the power. The coalition recognises that a range of circumstances can emerge where the additional flexibility set out the bill clearly will be in the national interest. Individuals engaged in specialist work or sporting activities which involve extensive overseas travel and activity based outside Australia can find it difficult to meet citizenship requirements. Representation in Australian sporting teams can be limited if citizenship requirements are not met before selection processes occur.

Circumstances can also occur where very senior business executives, highly specialised scientists and medical specialists or those who have held a distinguished talent visa, for whom the granting of citizenship would clearly be in Australia's interests, fall short of meeting existing residency requirements. These are exceptional cases, but are cases where Australia's interests are clearly best served by the provision to the minister of a discretionary power whose use is clearly transparent to the parliament.

In supporting this bill we have had discussions with the government. We have sought to ensure that this is bill deals broadly with the potential uses of this new non-compellable power for the minister so that it is not limited just to areas of sporting endeavour but right throughout the cultural, scientific and business fields as well.

Our immigration and our citizenship system needs occasionally some flexibility, but where that flexibility is used it is important there are clear transparent processes where the minister using those powers must disclose to the parliament his or her decision and the reasons for doing so. That is what this act does.

The coalition, in supporting this bill, are not taking a particular position on any subsequent decisions a minister might make in relation to how he or she might use the powers under this new provision. That is a matter for the minister and that is a power the minister would have to exercise judiciously. In providing support for this bill those matters will certainly be left to the minister to make at a subsequent time, if they ever wish to use these powers. So we are pleased to support this bill. We are pleased to have been part of the process that has brought it to the parliament and we endorse this bill.

Steve Georganas (Hindmarsh, Australian Labor Party) Share this | Link to 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.

Sharon Bird (Cunningham, Australian Labor Party, Minister for Higher Education and Skills) Share this | Link to this | Hansard source

I thank members for their contributions—the member for Hindmarsh and other members who have participated in the second reading debate on this bill. I remind the House that the Australian Citizenship Amendment (Special Residence Requirements) Bill 2013 amends the Australian Citizenship Act 2007 to give the Minister for Immigration and Citizenship a discretion to provide a pathway to citizenship to a very small number of people in very exceptional circumstances where it would be of benefit to Australia for them to be Australian citizens and to represent Australia in their field of expertise, be that medicine, research, the performing arts or sport.

The bill builds upon the existing special residence requirements in sections 22A and 22B of the act. It allows the minister to substitute alternative residence requirements on a case by case basis for certain people who need to become an Australian citizen to engage in an activity of benefit to Australia, or for people whose work requires them to regularly travel outside of Australia. These categories of people are defined by a legislative instrument made under section 22C of the act. The bill maintains the integrity of the citizenship program by requiring the minister to be satisfied that the applicant meets all the other requirements for citizenship by conferral, including their age, their identity, that they are of good character and, where relevant, that they have passed the citizenship test.

Although applicants for whom the discretion is exercised will acquire citizenship after a reduced period of residence in Australia, the bill ensures that those applicants develop a good understanding of the Australian way of life and the commitment made through the citizenship pledge by requiring them to commit to being present in Australia for a certain period of time after becoming a citizen. If they do not honour this undertaking, their citizenship can be revoked by the minister.

The bill ensures transparency by requiring the minister to table a statement in each house of the parliament if the discretion is exercised and a person becomes an Australian citizen as a result. The minister's discretion cannot be delegated nor can the minister be compelled to use this power whether or not a person or an organisation has requested it. The bill acknowledges the benefits that certain people bring to Australia and provides them with a way to become Australian citizens. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.