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2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Australian Citizenship Amendment (Defence Service
Requirement) Bill 2012
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Stuart Robert MP
Australian Citizenship Amendment (Defence Service Requirement) Bill 2012
OUTLINE
Under the Australian Citizenship Act 2007 (Section 21(2)(c) and Section 23) a permanent
resident may be granted citizenship after completing 90 days permanent service in the
Australian Defence Force (ADF) or six months service in the Reserves.
These provisions are typically utilised by ADF `lateral transfer members.' ADF lateral
transfer members are persons who have served in another nation's armed forces, typically
the United Kingdom's, and who have then migrated to Australia to join the ADF.
The problem with the current Act is while it provides for ADF lateral transfer members to
be provided with `early' citizenship, these provisions do not extend to the spouse or
dependants of the lateral transfer member.
The current situation results in significant hardship for the spouse and dependants of
lateral transfer members and can and does lead to discord within families of ADF lateral
transfer members and can have severe negative financial implications for the member's
spouse in the event the member dies (on operations, undertaking training or otherwise) or
the couple divorce prior to the spouse and any dependants becoming citizens.
This Bill will amend the Australian Citizenship Act 2007 in such a way as to ensure that
spouses and dependent children of ADF lateral transfer members are eligible for
citizenship at the same time as the ADF lateral transfer member.
This Bill will ensure that spouses and dependent children of ADF lateral transfer members,
by virtue of their citizenship, will not unduly suffer, financially or otherwise, because of the
ADF lateral transfer member's death or because of divorce.
FINANCIAL IMPACT
The bill will have no financial impact.
Clause 1 - Short title
This clause provides for the Bill to be cited as the Australian Citizenship Amendment
(Defence Service Requirement) Act 2012.
Clause 2 - Commencement
This clause sets out the commencement date of the Act.
Clause 3 - Schedules
This clause provides that each Act that is specified in a Schedule to this Bill is amended or
repealed as set out in the applicable items in the Schedule.
Schedule 1 - Amendments
Amendment of the Australian Citizenship Act 2007
Item 1 - Paragraph 21(2)(c)
Item 1 omits the requirement, under general eligibility requirements, to have completed
`relevant defence service' as this is replaced under the new Section 23 of the Australian
Citizenship Act 2007 with the requirement to have satisfied the `defence service
requirement.'
Item 2 - Paragraph 21(3)(c)
Item 2 omits the requirement for a person with a permanent or enduring physical or mental
incapacity to have completed `relevant defence service' as this is replaced under the new
Section 23 of the Australian Citizenship Act 2007 with the requirement to have satisfied the
`defence service requirement.'
Item 3 - Paragraph 21(4)(d)
Item 3 omits the requirement for a person aged 60 or over or who has a hearing, speech
or sight impairment to have completed `relevant defence service' as this is replaced under
the new Section 23 of the Australian Citizenship Act 2007 with the requirement to have
satisfied the `defence service requirement.'
Item 4 - Section 23
Item 4 repeals the current Section 23 that stipulates that for the purposes of Section 21
`relevant defence service' has been completed if a person has completed either:
a) at least 90 days service in the permanent forces of the Commonwealth (Navy,
Army or Air Force);
b) at least six months service in the Naval Reserve, Army Reserve or Air Force
Reserve; or
c) was discharged from either permanent or reserve service because he or she
became medically unfit for that service as a result of that service.
Item 4 replaces the current Section 23 of the Australian Citizenship Act 2007 with the new
Section 23 as contained within the Australian Citizenship Amendment (Defence Service
Requirement) Bill 2012. This change reflects the core intent of the Bill.
The new Section 23 alters the Australian Citizenship Act 2007, for the purposes of Section
21 of the Act, by extending the eligibility for citizenship to the spouse or de facto partner of
a person who has completed `relevant defence service' under the new Section 23(2).
The new Section 23 also alters the Australian Citizenship Act 2007, for the purposes of
Section 21 of the Act, by extending the eligibility for citizenship to the child of a person who
has completed `relevant defence service' under the new Section 23(2).
For the purposes of the new Section 23(1)(c)(i) and 23(1)(c)(ii) respectively, a child is
defined as a person aged under 18 years of age and who is wholly or substantially
dependent on the person who has completed `relevant defence service'; or a person who
is a student aged 25 or under and is wholly or substantially dependent on the person who
has completed `relevant defence service.'
Item 4 retains the existing definition of `relevant defence service' as it appears under the
current Section 23 of the Australian Citizenship Act 2007.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Citizenship Amendment (Defence Service
Requirement) Bill 2012
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the bill
This Bill will amend the Australian Citizenship Act 2007 in such a way as to ensure that
spouses and dependent children of ADF lateral transfer members are eligible for
citizenship at the same time as the ADF lateral transfer member.
The problem with the current Act is while it provides for ADF lateral transfer members to
be provided with `early' citizenship, these provisions do not extend to the spouse or
dependants of the lateral transfer member.
The current situation results in significant hardship for the spouse and dependants of
lateral transfer members and can and does lead to discord within families of ADF lateral
transfer members.
This Bill will ensure that spouses and dependent children of ADF lateral transfer members,
by virtue of their citizenship, will not unduly suffer, financially or otherwise, because of the
ADF lateral transfer member's death or because of divorce.
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights as it does not raise any human rights issues.
Stuart Robert MP