Second reading of Citizenship Test Review and Other Measures Bill 2009
15 July 2009
Second reading speech
I move – That this Bill be now read a second time.
In April 2008 I appointed an independent committee to review the operation and effectiveness of the citizenship test.
After the first 6 months operation it was timely to assess the effectiveness of the citizenship test. There were also a number of concerns raised with me predominantly, fears that the test had created an unintended barrier to citizenship for the more vulnerable migrants in our community – refugees and humanitarian entrants.
The Citizenship Test Review Committee was commissioned to examine the operation of the citizenship test since its introduction on 1 October 2007 and identify whether there were ways to improve the administration of the test and its effectiveness as the pathway for residents to become Australian citizens. The review committee undertook extensive community consultations before compiling their report and recommendations.
In its report, Moving Forward –Improving Pathways to Citizenship, the review committee made 34 recommendations to the Government. Twenty seven of those recommendations were agreed to by Government. The recommendations of the review committee focused on improvements to the content and administration of the test, the citizenship application process, and ensuring that vulnerable and disadvantaged people were not excluded from becoming citizens because of the test.
The Government wants a citizenship test that is part of a meaningful pathway to citizenship for all those aspiring to become Australians. It should fill our new citizens with confidence about their role in this society, and how they can contribute to making this nation vibrant and strong.
The Government reforms to the citizenship test aim to encourage prospective citizens to learn and understand the rights and responsibilities we all share as Australians.
On November 22 the Government announced its response to the committee's report. The Government accepted 27 of the Citizenship Test Review Committee recommendations. The Government's response and proposed amendments to the citizenship test received widespread community support.
The central finding of the review, which the Government has endorsed, is that the Pledge of Commitment should be the centrepiece of citizenship testing.
By focusing on the pledge the Government has placed democratic beliefs, responsibilities and privileges of Australian citizenship, and the requirement to uphold and obey the laws of Australia at the heart of the citizenship test.
The committee recommended that the citizenship resources book and question be revised to reflect the new focus on the Pledge. The Government is currently engaging educational and civic experts to revise the resource book and test questions. The resource book will be developed in two separate sections of testable and non-testable information. The testable information will be based on Australia's democratic beliefs and values, the responsibilities and privileges of Australian citizenship and Australia's system of government – the values outlined in the Pledge. The non-testable information will contain interesting and useful information. Learning such information should be encouraged and it is the Government's intention for such information to continue to be made available in a new resource book.
In revising the resource book the Government accepted Committee's finding that the level of English used in the resource book was closer to native speaker rather than the legislative requirement of basic English. Throughout the review the committee received a number of submissions that the level of English required to understand the Citizenship Test resource book is well above that of basic English. When the current Citizenship Test resource book was assessed by linguistic experts it was found to be complex and difficult on a range of measures of reading difficulty. The revised resource book will be completed by August 2009.
The review committee expressed concern that there are no alternative pathways to sitting a computer-based test which was in effect marginalising some people from becoming citizens.
The Government is committed to ensuring people who have a commitment to Australia, and who have a strong desire to become Australian Citizens, have the opportunity to do so. To address this issue the Government will develop a citizenship course which will provide an alternative pathway to citizenship for a small group of disadvantaged people who while understand English their literacy skills will never be sufficient to sit and pass a formal computer test.
The Government is committed to ensuring that new migrants have the best possible chance of understanding their responsibilities, rights and privileges as an Australian citizen. The citizenship course will be based on the material in the resource book. Participants will still be assessed on the legislative requirements of possessing an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship as well as possessing a basic knowledge of the English language.
The citizenship course will ensure that the citizenship test caters for the needs of a broad range of people, particularly those who are disadvantaged and vulnerable.
The citizenship course is currently being developed by educational experts with the material being based on the content of in the resource book.
In conjunction with these improvements, the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 seeks to implement the committee recommendations agreed to by the Government that require legislative change.
First, the Bill proposes to amend the Australian Citizenship Act 2007 to allow for a small group of people who have suffered torture or trauma to be eligible for citizenship without having to first sit a citizenship test. These people will not have to sit a test if, at the time they make an application, they have a physical or mental incapacity which makes them are unable to understand the nature of the application; they are unable to understand or speak basic English; or they are unable to demonstrate an adequate knowledge of Australia and the responsibilities and privileges of Australian citizenship.
This proposed amendment will ensure that the most vulnerable and disadvantaged of citizenship applicants will have a legitimate pathway to citizenship. The review committee made particular note of refugee and humanitarian entrants who were survivors of torture and trauma who can suffer from several disorders that have a severe impact on their ability to retain and recall information.
While the number effect by this amendment will be small without it the Government would be excluding a section of the Australian community from Australian Citizenship.
In the past, these clients have often failed the citizenship test multiple times but had no other means of meeting the legal requirements for conferral of citizenship. Concerns have also been expressed that some of these vulnerable people are fearful of doing the test and therefore are choosing not to become Australian citizens as a result.
Secondly, the Bill proposes to amend the Act to streamline the citizenship application process. This is in response to the review committee's observation that the current process of multiple steps was inefficient for clients and the department. The proposed changes will streamline the application and test process so that most applicants will only need to come to the department once. This will make the process more responsive and provide more timely outcomes for clients as well as provide for better use of departmental resources.
Currently a person must sit and pass the citizenship test before making an application. As a result many clients sit the test months before they will meet the residence requirements for citizenship, which results in multiple contacts with my department.
The proposed amendments will allow most clients to make an appointment to lodge an application and, on the same day, sit the test and have their application approved if all the legal requirements are met.
The proposed amendments will allow a time to be specified in a determination signed by the Minister within which a person may commence a test and successfully complete a test after making an application. This is to make sure that an application can be refused if a person does not successfully complete a citizenship test within a reasonable period of time.
The other proposed amendment to the Australian Citizenship Act 2007 contained in this Bill concerns applicants for citizenship by conferral who are under the age of 18. Current legislation allows any person under the age of 18 to be eligible for Australian citizenship by conferral. This is a provision that was carried over from the 1948 Citizenship Act, however, the provision is being exploited and is undermining both the citizenship and migration programs.
Proposed amendments in this Bill will require that applicants under the age of 18 must be permanent residents to be eligible for citizenship by conferral. This is consistent with current policy. This amendment will prevent children who are in Australia unlawfully, or, who along with their families, have exhausted all migration options, from applying for citizenship in an attempt to prevent their removal from Australia.
The amendments will ensure the integrity and consistency of the citizenship and migration programs.
In conclusion, these amendments bring about key changes that complement reforms to the citizenship test that are already underway. The Bill will lead to a more streamlined citizenship process and one that will deliver fair and reasonable outcomes to clients of my department.
The Bill deserves the support of all members of this Parliament.
I commend the Bill to the chamber.
See:
Index of speeches and articles
URL: http://www.minister.immi.gov.au
/media/speeches/2009/ce090715.htm
Last update: 10 November 2009 at 15:22 AEST