Mathias Cormann (WA, Liberal Party, Shadow Assistant Treasurer) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Immigration and Citizenship, upon notice, on 19 April 2011:

(1) What monitoring does the department conduct of compliance by local government authorities with the Australian Citizenship Ceremonies Code.

(2) In each of the 2008-09, 2009-10 and 2010-11 financial years:

(a) what specific action has the department taken to ensure compliance With the code;(b) which local government authorities have breached the code; and(c) what action has been taken in each specific instance where a breach of The code has been identified.

(3) Is the Minister aware of any concerns raised about possible breaches of the code by the City of Wanneroo, Western Australia.

(4) What investigations have been conducted into any such possible breaches by The City of Wanneroo.

(5) Have these investigations identified any breaches of the code; if so, what action has been taken against the City of Wanneroo to address these breaches.

Kim Carr (Victoria, Australian Labor Party, Minister for Innovation, Industry, Science and Research) Share this | Link to this | Hansard source

The Minister for Immigration and Citizenship has provided the following answer to the honourable senator's question:

(1 ) The arrangement by which councils conduct citizenship ceremonies on behalf of the Commonwealth Government is based on good will and mutual agreement rather than a legal relationship which is enforced with punitive measures . This arrangement has been in place since the 1950s.

(2) The Department does not keep a register of non-compliance with the Code . The Department maintains regular contact with local government council ceremony organisers through its state and territory offices to ensure that councils are aware of the legal requirements as well as the policy and procedures contained in the Code.

(3) There are only three legal requirements stipulated in the Australian Citizenship Ceremonies Code:

Any issues arising are managed on a case-by-case basis. Other procedures, policy and protocol are

provided as guidance for local co uncils and other organisations conducting citizenship ceremonies.

(2) (a) As previously mentioned, the Department maintains regular contact with local government council

ceremony organisers through its state and territory offices to ensure that councils are aware of the legal requirements as well as the policy and procedures contained in the Code.

The Department also conducts regular information sessions for councils to provide them with an opportunity to seek clarification on any matters of concern and to ensure ceremony organisers understand their responsibilities under the Code.

From time to time departmental officers attend council ceremonies to assist councils, provide feedback and to clarify any points of procedure .

(b) The Department is aware of one breach of the above mentioned legal requirements of the Code. The Hawkesbury Council was found not to have fulfilled all of the legal requirements for an Australian citizenship ceremony on 18 August 2009 as the presiding officer did not read Schedule 1 of the Australian Citizenship Regulations 2007 (known as the preamble for citizenship ceremonies).

(c) The Hawkesbury Council was required to recall the candidates for citizenship from that day and to conduct another citizenship ceremony.

(3) At the same time that this Question on Notice was received, t he Minister r eceived a letter informing him of concerns about the City of Wanneroo ' s application of the Code . T he concerns raised do not constitute a breach of the legal requirements stipulated in the Code.

(4 ) and ( 5) The Department has been in contact with the City of Wanneroo to remind them of the expectation in the Australian Citizenship Ceremonies Code to schedule citizenship ceremonies, wherever possible, on non parliamentary sitting days . The City of Wanneroo has been asked to revise some of the scheduled dates for citizenship ceremonies in 2011 in order to give elected representatives from all levels of    government an opportunity to attend and welcome new citizens.