Rod Kemp (Victoria, Liberal Party, Minister for the Arts and Sport) Share this | Hansard source

Senator Nettle has moved an amendment and has argued the case for this amendment. By way of an aside, I was very pleased to hear Senator Nettle quoting the churches. A few bills will be coming into this chamber in the foreseeable future and I think the churches can be quoted, but it is not always the most telling point to make. I do not doubt the sincerity with which Senator Nettle brings this amendment before the chamber, and I listened very carefully to the arguments. I thought Senator Ludwig made an interesting point and I agree with it: this bill is probably not the appropriate place to deal with this particular issue.

The Migration Amendment (Employer Sanctions) Bill 2006 is designed to ensure that employers employ only those visitors or immigrants who are appropriate. The issue of work rights, which was one spoken about by Senator Nettle for bridging visa E holders, is really a separate issue to do with the management and protection of visa applicants and others. Senator Nettle is aware of the fact that we are having a review at the moment, and one of Senator Nettle’s specific questions relates to the status of this review. This review involves work rights and support for bridging visa holders. So they are being considered as part of this review and the minister expects to receive the department’s report on the review within the next month.

Bridging E visas provide lawful status to noncitizens in a range of circumstances, including those who are unlawful in making arrangements to depart Australia and those who have had a negative decision and are challenging it in the courts or requesting ministerial invention. As at 6 April 2006, there were just over 7,000 BVE holders in Australia, many of whom were people making arrangements to leave. The department is currently reviewing the bridging visa system. As part of this review, the department has consulted with a number of interested parties, including several non-government organisations. Work rights and support for bridging visa holders are being considered, as I said, as part of this review.

It is worth noting that around two-thirds of protection visa applicants apply shortly after their arrival in Australia—and Senator Nettle may not be aware of this—and have work rights and access to Medicare while their application is being considered. Asylum seekers who are unable to meet their basic needs for food, accommodation or health care and who have no other support may qualify for support under the Asylum Seeker Assistance Scheme while their initial application is being considered. To add to that as a point of interest, around a third of the BVE holders have work rights. The government will not be supporting the amendment moved by Senator Nettle. We do not think that this is the appropriate bill for this matter. There is a review, which Senator Nettle referred to, and that review will be in the hands of the government within the next month.