Kate Lundy (ACT, Australian Labor Party, Shadow Minister for Local Government) Share this | Hansard source

The Australian Citizenship Amendment (Citizenship Testing) Bill 2007 amends the Australian Citizenship Act 2007 to provide for the testing of prospective applicants for Australian citizenship by conferral. The Australian Citizenship Act 2007 requires that applicants for citizenship (1) understand the nature of their application, (2) possess a basic knowledge of the English language and (3) have an adequate knowledge of the responsibilities and privileges of Australian citizenship. The bill provides that these applicants must have successfully completed a test before making an application for citizenship to demonstrate that they meet the requirements. Labor supports the principle of formalising the testing system which is currently in place for citizenship. The issue is whether it is reasonable.

Labor’s concerns were pursued by the Senate Standing Committee on Legal and Constitutional Affairs in its inquiry into the bill, and I note the committee’s recently tabled report. Resolving the matters relating to section 23A is essential to the credibility of the legislation. Labor supports the outcomes of the committee and the amendments proposed by the government.

Australia already has a citizenship test. In 1948 the status of Australian citizenship was established. The process for obtaining citizenship was arduous. Applicants had to have lived in Australia for at least five years. They also had to have adequate English, show that they were loyal and of good character, produce three references and declare an intention to naturalise two years before the application. In addition to this, applicants had to place an advertisement in the newspapers notifying others of their intention to become an Australian citizen.

Of course, the nature and veracity of the rules for citizenship have changed over the years. Today, applicants must attend a compulsory interview and establish that they are of good character. The interviewer, who is an officer of the Department of Immigration and Citizenship, does the following things: check the written application and personal documents; assess whether the applicant understands the nature of the application; assess whether the applicant has an adequate knowledge of the responsibilities and privileges of Australian citizenship; and assess whether the applicant has a basic knowledge of the English language.

Looking at the public debate that has gone on concerning the introduction of a citizenship test, it is easy for us to think that we have a bill that involves drastic change from current practice. While there were genuine expectations that significant change would be in the legislation, it is difficult to see the bill which is now before the parliament as continuing the sort of radical change from current practice which each side of the debate has implied it would see.

In the context of this debate, we have often questioned whether it is possible to have any sort of test for citizenship and whether it is possible to ever clearly identify Australian values. One of the arguments we often hear against there being any concept of Australian values is that these values are those that you will find in any one of a number of countries. In many respects that is true. But the fact that other nations may have similar values to our own does not prevent there being certain principles about which we can say, ‘Yes, that is part of being Australian.’ We can often identify Australian values more easily by what they are not. Values are not static, and the values and principles that characterise us do change over time.

In February 2000, the Citizenship Council attempted to summarise what those principles might be in an Australian compact. They referred to a commitment to the land; a commitment to the rule of law; a commitment to equality under the law, regardless of race and sex; and a commitment to the basics of a representative liberal democracy, including freedom of opinion. The council also referred to a commitment to principles of fairness, to tolerance, to the acceptance of cultural diversity, to the wellbeing of all Australians and to recognising the unique status of Aboriginal and Torres Strait Islander peoples. Those principles all fit with our discussion about what it means to be Australian. This set of values will be fluid and change from time to time, but we do not do our nation any harm by having and embracing the values debate and by associating it with full membership of our society through Australian citizenship.

The proposed citizenship test changes the current testing arrangements to a more formalised model. There have, in fact, always been tests imposed, and this is why the argument about today’s changes being radical does not really take account of what has happened since we introduced Australian citizenship in 1948. The existing test for citizenship has been quite non-controversial and there have not been any arguments about needing it to be abolished. This creates some questions as to why this legislation is said to be some sort of radical change. The more you look at the bill and at the minister’s second reading speech, the more you see that what we actually have before us is a formalising of the current system. It may involve a toughening of the current test, but not necessarily. It depends on the determinations that the minister makes. Also, those determinations can be changed at any point, with any extra number of exemptions that the minister might choose to put in place.

The bill will amend the act to require applicants for Australian citizenship under the general eligibility provisions to have successfully completed a citizenship test before making an application in order to be eligible to become Australian citizens. Successful completion of a test will demonstrate that applicants (1) understand the nature of the application, (2) possess a basic knowledge of the English language and (3) have an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship. A person sitting a test may be required to satisfy eligibility criteria to be able to sit a citizenship test. These criteria may include requirements that a person is a permanent resident and satisfies the minister of the person’s identity.

To date, test questions have not been made public and the source document from which the test questions will be drawn is not yet available. I note the Senate Standing Committee on Legal and Constitutional Affairs expressed disappointment that the proposed resource booklet had not been finalised and made publicly available. This means we have been asked to vote on a bill which is entirely ‘shell’ legislation. As a result, it has proven difficult to comment on the nature and content of the proposed test. We do not expect that the government is going to put each question from a test into legislation, but the answer to the question ‘Is the test reasonable?’ will have to be determined at a later date.

This legislation deals with two questions. It deals with whether, in principle, there should be a test or not, and whether, in principle, the minister should have the discretion to create exemptions to take into account different circumstances. These issues are not outrageous. As to whether there should be a test at all, the answer is yes. Should the minister have the discretion to provide extra exemptions? The logical answer to that is yes again. That is reasonable. There is already a test and it has never been controversial. We have yet to hear anybody argue that the current test is an outrageous restriction on people’s citizenship. It would be quite open for the minister to determine that one of the options is for the current test to continue.

What really matters is that we end up with a reasonable test. We do not want this to end up being some bizarre game of trivia. We do not want this to be something which sets up people to fail. We do not want this to be a barrier to people who would make fine Australian citizens. Whether it ends up that way or not, we cannot tell from this bill. All we can tell is that the principle of having a citizenship test, which has been with us since 1949, would remain. That is a completely reasonable principle, and that is all the bill actually reveals. If, in good faith, that is what materialises, we simply have a codification of a reasonable system. Of course, it is quite within the realms of possibility and certainly within the realms of legislative options for the government to come up with something less reasonable. Given the level of community disquiet about the questions that might be included in a citizenship test, the government should make the test questions public in order to provide additional reassurance to those concerned. It would also help to ensure accountability of the proposed regime. I think that, as a matter of transparency, the government making the questions available is completely in the interests of citizenship being a process of unifying Australians. It is a logical thing to do and it is in the interests of the government to do so.

The minister has a large degree of discretion to approve more than one test and exemptions from the test, as I mentioned. These exemptions will include people under the age of 18 or over 60 and those with permanent physical or mental incapacity which prevents them from understanding the nature of their application. The main test will be computer based and consist of 20 multiple-choice questions drawn randomly from a large pool of confidential questions. Each test is expected to include three questions on the responsibilities and privileges of Australian citizenship. The pass mark is expected to be 60 per cent, including a requirement to answer the three mandatory questions correctly. A person will be able to take the test as many times as necessary in order to pass. Once an applicant has passed the test then they can apply for citizenship, at which point a fee will be paid.

At his briefing on the legislation, our shadow minister Tony Burke raised two questions for the department. The first was: ‘Will ministerial determinations— for example, of what the different exemptions are for the different tests—be made public, even if the questions are not made public?’ The second question was: ‘Will the government guarantee that it will not put exemptions on tests which then create a situation where someone who otherwise would have been eligible to sit for a citizenship test has no test available to them anymore?’ The minister’s office has responded to these two important matters in writing. Determinations of this nature will be made public and the test will be used only in such a way as to guarantee that anyone who under the act would expect to be able to sit for a test will have a test available for them. Contrary to many assumptions made in the public debate about the citizenship test, there will not be a separate English-language test. A person’s English-language skills will be assessed on their ability to successfully complete the test in English.

It was reported to me that the Minister for Immigration and Citizenship mentioned in his second reading speech some of the concerns about the options for people who have difficulty with English literacy. To Labor, this is a very important part of the debate and a very important issue. The government, with the support of the opposition, has made decisions on the humanitarian program to find some of the most desperate people in the world and offer them a better life here in Australia. Labor has not always provided bipartisan support for the quality of the settlement programs subsequently offered, but there has certainly been bipartisan support for the selection of people, done in consultation with the UNHCR. Australia’s humanitarian program has seen increasing numbers of people settling permanently in Australia who not only do not have literacy in English but do not have literacy in their language of origin. To expect that, in the space of four years, someone in those circumstances would be able to sit in front of a computer reading English well enough to pass a multiple-choice test is highly unreasonable.

The Senate Standing Committee on Legal and Constitutional Affairs also acknowledges concerns about the potential impact of citizenship testing on certain groups within society, especially refugee and humanitarian entrants. I am reassured by the evidence from the department that the regime will be monitored on an ongoing basis and that the minister will have discretion to approve different tests designed on the basis of identified need. However, Labor supports the Senate committee’s view that in addition to this ongoing monitoring a more formal and comprehensive review of the citizenship-testing regime should be conducted three years after the commencement of the regime. In particular, this review should examine the regime’s impact on the citizenship application and conferral rates of certain groups within society such as refugee and humanitarian entrants, women, and people from non-English-speaking backgrounds. This is a recommendation that Labor fully supports, and to this end I foreshadow an amendment along these lines in the committee stage of this bill.

In his second reading speech the minister flagged that, in special cases where a person does not have the literacy skills required to complete the test, the test will be done through a conversation. It is proposed that the test administrator will read out the questions and possible answers to the person. Again, we want this test to be something that is not used in a fashion that sets people up to fail. Citizenship is the common bond that unites individuals in their mutual commitment to Australia and is a central element to integrating and including new migrants so they can fully participate in the Australian community.

Labor notes with concern a great deal of emphasis being placed on the citizenship test rather than on the support services and community initiatives that are critical to building an integrated and inclusive society. Labor believes it is essential that you do not just test but also teach. There has to be adequate funding for the Adult Migrant English Program. There has to be adequate funding for settlement services so that people who come to Australia with the least opportunity and the least advantage do not find themselves in circumstances where it will always be extremely difficult for them to take on their roles as full members of Australian society. To this end, settlement services must be flexible and take account of the specific needs of our new arrivals.

Learning English is critical to the successful settlement of new arrivals, and we see it as the key to integration in the social and economic mainstream of Australian society and becoming an Australian citizen. Because we recognise that the strength and the success of the citizenship test lie in its ability to promote community inclusion and provide opportunities for people to fully engage with life in Australia, we will ensure that citizenship is not a discouraging and daunting process for new Australians. We will support the test and, in doing so, we will recognise the importance of teaching in the development of English language skills and the acquisition of knowledge of Australian history, culture and values.

A Rudd Labor government will provide for the teaching of English and citizenship. To that end, Labor’s shadow minister Mr Burke moved a second reading amendment outlining our approach. Since the shadow minister’s second reading amendment was moved back in June, Labor has announced a new initiative to improve English language services and assist migrants to fully participate in the Australian community. Labor will improve the Adult Migrant English Program to assist migrants to achieve functional English and pass the citizenship test. A Rudd Labor government will offer a new traineeship to migrants in Australia and introduce a new-style Adult Migrant English Program to help migrants learn English and fully participate in the Australian community. I note that government figures show that in 2005 only 11 per cent of people exited the Adult Migrant English Program with the ability to speak functional English. Labor would put an end to this one-size-fits-all English-training model for migrants. We have committed a total of $49.2 million to fix the Howard government’s English training program and to assist new arrivals to find employment as soon as possible.

The government has allowed the Adult Migrant English Program to become stale and outdated. The immigration program has changed significantly over the past decade. As we have mentioned, we now have many migrants coming to Australia who have never been to school and who are not literate in their own languages. The government’s policies continue to see new arrivals who have received university education being treated the same as those who cannot even write in their own languages. This policy continues to disadvantage many people. We know from the statistics I mentioned that up to nine out of 10 people are leaving this English language tuition without basic English. It is disheartening that government policy is failing these people, who are often most in need of settlement assistance in our community. There should not be any barriers for new arrivals who want to learn English and get a job.

Labor wants people, when they come to Australia, to have the opportunity to get the job they want. That is why we have announced the new traineeship—so that new arrivals can learn. Specifically, we will assist new arrivals to make the transition to employment. Our Adult Migrant English Program will have more emphasis on vocational English to better enable new entrants to apply for a job and work in an Australian workplace. Labor’s plan to teach, not just test, English will include a traineeship in English and work readiness. This will be designed to allow new entrants to continue their English language tuition while developing knowledge, skills and experience in Australian workplace culture and practices. These traineeships will focus on English language and working in Australia, and $9.2 million of the $49.2 million has been set aside for this purpose. The key to a successful language program is also flexibility. In Labor’s new Employment Pathways Program, extra English language tuition hours will be able to be allocated to those students most in need, and $40 million has been committed to setting up this important program.

Labor supports a citizenship test but will provide for the teaching of English and citizenship. Labor will improve the Adult Migrant English Program to assist migrants to achieve functional English so they can fully participate in the Australian community and pass the citizenship test. Finally, Labor is committed to celebrating the diversity of all Australians in an inclusive society with shared values. Successful integration and Australian citizenship are, after all, central to building a stronger community.