By Hayden Donnell,NZ Herald...12:27 PM Tuesday Jun 21, 2011
Prime Minister John Key has increased pressure on the Australian Government to change a social security law denying welfare payments to thousands of New Zealanders living there, reports say.
The Family and Community Services Legislation Amendment (New Zealand Citizens) Bill 2001 categorises New Zealanders who arrived in Australia after February 26, 2001 as non-protected visa holders.
That makes them ineligible for many social security benefits.
More than 175,000 people - or 47 per cent of the New Zealanders living in Australia - are thought to be affected by the law, which has been labelled "discriminatory" by campaigners.
It was recently used to cut off disaster recovery payments to thousands of Kiwis caught up in the Queensland floods and Cyclone Yasi.
A report in The Australian said Mr Key had raised concerns about the law during recent meetings with Australian Prime Minister Julia Gillard.
The topic was an area of "mutual concern and interest" and would be discussed, a spokeswoman from the Prime Minister said.
Foreign Minister Murray McCully has also confirmed the New Zealand High Commission in Canberra was raising "discrepancies" caused by the law with Australian federal authorities.
In a letter to Christel Broederlow, a New Zealander living in Australia, he said it was also encouraging to see cases had also been brought before Australian state governments over New Zealanders being denied employment opportunities and services.
He earlier told the Herald he was "concerned" about New Zealanders being denied social security payments.
There was no similar non-protected visa status for Australian immigrants in New Zealand, he said.
"No doubt this is a matter we will discuss with our Australian colleagues in due course."
Campaigner David Faulkner welcomed political pressure over the law he believes is discriminatory and "racist".
He was hopeful it would add impetus to his campaign to change the way New Zealanders are assessed for social security in Australia.
"It's not every day that the New Zealand Government officially complains that its citizens are being discriminated against."
Mr Faulkner has won a race discrimination complaint against an insurance company which denied him cover on the basis he was a non-protected Visa holder.
He is also supporting an anti-discrimination suit lodged against the Queenland Government by the Toowoomba-based Campbell family.
They are suing over its decision to deny disability support to 19-year-old Hannah Campbell, who suffers from severe cerebral palsy and needs 24-hour care.
Australian social security rules:
Protected visa holders: Kiwis who have been living in Australia since before February 2001 or who lived there for a year in the two years prior to that date qualify for protected Visa status. They are allowed to claim social security.
Non-protected visa holders: New Zealanders who were not in Australia on February 26, 2001, or who did not live there for a year in the two years prior to that date , are issued a 'non-protected' Visa. They are ineligible for many social security and disability support payments, along with services such as public housing. They are not able to become Australian citizens unless they are granted a permanent Visa.
By Hayden Donnell | Email Hayden
Friday, 24 June 2011
Take care of Kiwis here, says John Key
Michael McKenna, Queensland political editor From: The Australian June 20, 2011 12:00AM
NEW Zealand is increasing pressure on the federal government to pay welfare benefits to its citizens living in Australia, with Prime Minister John Key putting the issue on the agenda for talks with Julia Gillard in Canberra today.
A series of anti-discrimination lawsuits have recently overturned decisions to deny New Zealand citizens social security benefits under 2001 Howard government laws that restricted access to permanent residents.
New Zealanders do not meet the definition of permanent residents because they do not need a visa to live in Australia under the free movement treaty between the two countries.
The Queensland government is being sued in the latest anti-discrimination case over its refusal to give financial aid to the Campbell family of Toowoomba, who moved to Australia in 2006. The aid would have covered daycare costs for their 19-year-old daughter, who has cerebral palsy.
After being ordered by the Anti-Discrimination Commission to enter mediation, the Queensland government last month used commonwealth laws to maintain its stance in refusing the family's application for financial aid.
In a letter obtained by The Australian, New Zealand Foreign Minister Murray McCully said the issue had been raised recently with the Australian government through its diplomats in Canberra. "The New Zealand High Commission in Canberra has also brought these matters to the attention of the relevant federal authorities," Mr McCully said.
A spokeswoman for Mr Key, who arrived in Canberra yesterday, said he hoped to raise the issue with the Prime Minister.
"It is expected Prime Minister Key will discuss areas of mutual concern and interest with Prime Minister Gillard, and one of those topics will possibly be the situation of New Zealand citizens living and working in Australia," she said.
In the Queensland case, Glenda Campbell said she could not understand why her daughter Hannah was not entitled to the benefits. "We arrived here in 2006 and my husband has been working and paying taxes," she said.
"Australians living in New Zealand are entitled to the same benefits we are being denied. This is not the way Anzacs should treat each other."
NEW Zealand is increasing pressure on the federal government to pay welfare benefits to its citizens living in Australia, with Prime Minister John Key putting the issue on the agenda for talks with Julia Gillard in Canberra today.
A series of anti-discrimination lawsuits have recently overturned decisions to deny New Zealand citizens social security benefits under 2001 Howard government laws that restricted access to permanent residents.
New Zealanders do not meet the definition of permanent residents because they do not need a visa to live in Australia under the free movement treaty between the two countries.
The Queensland government is being sued in the latest anti-discrimination case over its refusal to give financial aid to the Campbell family of Toowoomba, who moved to Australia in 2006. The aid would have covered daycare costs for their 19-year-old daughter, who has cerebral palsy.
After being ordered by the Anti-Discrimination Commission to enter mediation, the Queensland government last month used commonwealth laws to maintain its stance in refusing the family's application for financial aid.
In a letter obtained by The Australian, New Zealand Foreign Minister Murray McCully said the issue had been raised recently with the Australian government through its diplomats in Canberra. "The New Zealand High Commission in Canberra has also brought these matters to the attention of the relevant federal authorities," Mr McCully said.
A spokeswoman for Mr Key, who arrived in Canberra yesterday, said he hoped to raise the issue with the Prime Minister.
"It is expected Prime Minister Key will discuss areas of mutual concern and interest with Prime Minister Gillard, and one of those topics will possibly be the situation of New Zealand citizens living and working in Australia," she said.
In the Queensland case, Glenda Campbell said she could not understand why her daughter Hannah was not entitled to the benefits. "We arrived here in 2006 and my husband has been working and paying taxes," she said.
"Australians living in New Zealand are entitled to the same benefits we are being denied. This is not the way Anzacs should treat each other."
Saturday, 30 April 2011
Kiwis and their integrated Kiwi and Aussie families living in Australia after the 2001 Legislation!
Media Articles About Kiwi's Affected By The Discriminating 2001 Legislation In Oz!!
From the Discussions board on the Facebook Page: Kiwis living in Aussie don't qualify for Disaster Relief!!
From the Discussions board on the Facebook Page: Kiwis living in Aussie don't qualify for Disaster Relief!!
A FAIR GO FOR NZ CITIZENS LIVING IN AUSTRALIA!! Christel Broederlow..Maori In Oz..Petition..
A FAIR GO FOR NZ CITIZENS LIVING IN AUSTRALIA!!
Target: New Zealand Prime Minister John Key and Australia Prime Minister Julia Gillard
Sponsored by: NZ Citizens living in Australia
***NOTE: Please add 0 (number zero) in front of your POSTCODE if your having problems signing this petition.***
New Zealand Citizens living in Australia are experiencing discrimination in areas such as employment, education, training, student loans, social security, social services, and access to Australian citizenship as a result of the amendments to the Social Security Act.
As a result of these changes, many people who live, work, pay taxes, and raise families in Australia are now never able to enjoy equal rights simply because they come from New Zealand. In short, the 2001 amendments have made an underclass out of New Zealanders. We are asking for a fair go by being recognised as residents under the Social Security Act and as permanent residents under the Australian Citizenship and Migration acts.
We write this letter to you on behalf of the large number of New Zealanders permanently residing in Australia who have raised serious concerns of unequal treatment based on their nationality
The Queensland Flood Disaster caused many affected New Zealanders to complain of unequal treatment when they were initially refused the Australian Government Disaster Recovery Payment (AGDRP). After pleas for help to both governments, the Australian Government granted an Ex-gratia Assistance Payment to those New Zealanders who had been previously refused assistance.
The flood waters had barely begun to recede when Cyclone Yasi tore through northern Queensland. Innocent victims were once again caught up in traumatic and devastating circumstances outside of their control. Yet again, the calls came in from affected New Zealanders being told that they too were ineligible for the AGDRP. The discrimination was now palpable.
A veritable flood of similar concerns of discrimination has since poured in from New Zealanders living across Australia regarding areas such as employment, education, training, student loans, social security, social services, and access to Australian citizenship.
This strong sense of discrimination has emerged as a result of the amendment to the definition of Australian resident in the Social Security Act 1991 (Cth) made as a result of the Family and Community Services Legislative Amendment (New Zealand Citizens) Act 2001. One need go no further than the title of this amendment to see that it discriminates based on New Zealand nationality.
The Australian Citizenship (Permanent Resident Status New Zealand Citizens Declaration 2001) ensured that the discrimination was effective by removing our eligibility for Australian citizenship.
The then Minister for Immigration and Multicultural Affairs officially announced the citizenship and social security changes as being for the express purpose of implementing a new social security treaty with New Zealand. The Hansard record shows that members of the Australian Parliament passed the amendments on this basis. However, as you are no doubt aware, there is no such treaty between our two countries that strips such rights only from New Zealanders but leaves the rights of Australians intact.
Similarly, the 1994 changes effected by Regulation 17 (New Zealand citizens and certain children of New Zealand citizens) of the Migration Reform (Transitional Provisions) Regulations saw the removal of official permanent resident status from most New Zealand citizens residing in Australia.
As a result of these changes, many people who live, work, pay taxes, and raise families in Australia are now never able to enjoy equal rights simply because we come from New Zealand. In short, the 1994 and 2001 amendments have made an underclass out of New Zealanders. This sad fact was confirmed by the recent decision in Faulkner vs ACE Insurance [2011] NSWADT 36, where it was found that the insurance company in question had racially discriminated against New Zealand nationals by using the definition of Australian resident in the Social Security Act as a general eligibility condition for insurance. It was estimated by the Tribunal that up to 47% of resident New Zealanders are now excluded from this definition.
Many concerns are being consistently raised by a growing number of NZ citizens via numerous reputable community organisations and parliamentary representatives. Which can be read here http://www.maori-in-oz.com/index.php?option=com_content&task=view&id=1545&Itemid=212 The sheer number of such complaints keeps growing.
In stark contrast, Australian citizens permanently residing in New Zealand become eligible to apply for NZ citizenship, tertiary student allowances and student loans, as well as all social security benefits after a reasonable residency period of 2 years. New Zealands laws prohibit discrimination based on nationality, but Australias laws do not.
In light of this systemic discrimination based on New Zealand nationality, we the undersigned ask for equal treatment to be restored to New Zealanders permanently residing in Australia under the Trans-Tasman Travel Arrangements. Namely, that we are again recognised as residents under the Social Security Act and as permanent residents under the Australian Citizenship and Migration acts.
To this end, we also ask for the establishment of a formal treaty between Australia and New Zealand that enshrines the rights to equality and protection from discrimination to Australians and New Zealanders alike when we are living in each others countries.
We thank you for your time and look forward to your response.
Target: New Zealand Prime Minister John Key and Australia Prime Minister Julia Gillard
Sponsored by: NZ Citizens living in Australia
***NOTE: Please add 0 (number zero) in front of your POSTCODE if your having problems signing this petition.***
New Zealand Citizens living in Australia are experiencing discrimination in areas such as employment, education, training, student loans, social security, social services, and access to Australian citizenship as a result of the amendments to the Social Security Act.
As a result of these changes, many people who live, work, pay taxes, and raise families in Australia are now never able to enjoy equal rights simply because they come from New Zealand. In short, the 2001 amendments have made an underclass out of New Zealanders. We are asking for a fair go by being recognised as residents under the Social Security Act and as permanent residents under the Australian Citizenship and Migration acts.
We write this letter to you on behalf of the large number of New Zealanders permanently residing in Australia who have raised serious concerns of unequal treatment based on their nationality
The Queensland Flood Disaster caused many affected New Zealanders to complain of unequal treatment when they were initially refused the Australian Government Disaster Recovery Payment (AGDRP). After pleas for help to both governments, the Australian Government granted an Ex-gratia Assistance Payment to those New Zealanders who had been previously refused assistance.
The flood waters had barely begun to recede when Cyclone Yasi tore through northern Queensland. Innocent victims were once again caught up in traumatic and devastating circumstances outside of their control. Yet again, the calls came in from affected New Zealanders being told that they too were ineligible for the AGDRP. The discrimination was now palpable.
A veritable flood of similar concerns of discrimination has since poured in from New Zealanders living across Australia regarding areas such as employment, education, training, student loans, social security, social services, and access to Australian citizenship.
This strong sense of discrimination has emerged as a result of the amendment to the definition of Australian resident in the Social Security Act 1991 (Cth) made as a result of the Family and Community Services Legislative Amendment (New Zealand Citizens) Act 2001. One need go no further than the title of this amendment to see that it discriminates based on New Zealand nationality.
The Australian Citizenship (Permanent Resident Status New Zealand Citizens Declaration 2001) ensured that the discrimination was effective by removing our eligibility for Australian citizenship.
The then Minister for Immigration and Multicultural Affairs officially announced the citizenship and social security changes as being for the express purpose of implementing a new social security treaty with New Zealand. The Hansard record shows that members of the Australian Parliament passed the amendments on this basis. However, as you are no doubt aware, there is no such treaty between our two countries that strips such rights only from New Zealanders but leaves the rights of Australians intact.
Similarly, the 1994 changes effected by Regulation 17 (New Zealand citizens and certain children of New Zealand citizens) of the Migration Reform (Transitional Provisions) Regulations saw the removal of official permanent resident status from most New Zealand citizens residing in Australia.
As a result of these changes, many people who live, work, pay taxes, and raise families in Australia are now never able to enjoy equal rights simply because we come from New Zealand. In short, the 1994 and 2001 amendments have made an underclass out of New Zealanders. This sad fact was confirmed by the recent decision in Faulkner vs ACE Insurance [2011] NSWADT 36, where it was found that the insurance company in question had racially discriminated against New Zealand nationals by using the definition of Australian resident in the Social Security Act as a general eligibility condition for insurance. It was estimated by the Tribunal that up to 47% of resident New Zealanders are now excluded from this definition.
Many concerns are being consistently raised by a growing number of NZ citizens via numerous reputable community organisations and parliamentary representatives. Which can be read here http://www.maori-in-oz.com/index.php?option=com_content&task=view&id=1545&Itemid=212 The sheer number of such complaints keeps growing.
In stark contrast, Australian citizens permanently residing in New Zealand become eligible to apply for NZ citizenship, tertiary student allowances and student loans, as well as all social security benefits after a reasonable residency period of 2 years. New Zealands laws prohibit discrimination based on nationality, but Australias laws do not.
In light of this systemic discrimination based on New Zealand nationality, we the undersigned ask for equal treatment to be restored to New Zealanders permanently residing in Australia under the Trans-Tasman Travel Arrangements. Namely, that we are again recognised as residents under the Social Security Act and as permanent residents under the Australian Citizenship and Migration acts.
To this end, we also ask for the establishment of a formal treaty between Australia and New Zealand that enshrines the rights to equality and protection from discrimination to Australians and New Zealanders alike when we are living in each others countries.
We thank you for your time and look forward to your response.
Christel Broederlow..Moari In Oz..Letter to Australian and New Zealand's PM's
Letter to NZ & Australian PM - A Fair Go for NZ Citizens Living in Australia
Thursday, 14 April 2011
Please view attached letter sent to Hon Julia Gillard MP - Prime Minister of Australia A Fair Go For NZ Citizens Living in Australia (Copy below). An identical copy was sent to NZ Prime Minister Rt Hon John Key which can be found with other relevant articles/news in the section Fair Go For NZ Citizens in OZ
To The Hon Julia Gillard MP
Prime Minister
Parliament House
CANBERRA ACT 2600
Thursday 14th of April 2011
Dear Prime Minister Julia Gillard
I write this letter to you on behalf of the large number of New Zealanders permanently residing in Australia who have raised serious concerns to me of unequal treatment based on their nationality
The Queensland Flood Disaster caused many affected New Zealanders to complain of unequal treatment when they were initially refused the Australian Government Disaster Recovery Payment (AGDRP). After pleas for help to both governments, the Australian Government granted an "Ex-gratia Assistance Payment" to those New Zealanders who had been previously refused assistance. (Centrelink 2011)
The flood waters had barely begun to recede when Cyclone Yasi tore through northern Queensland. Innocent victims were once again caught up in traumatic and devastating circumstances outside of their control. Yet again, the calls came in from affected New Zealanders being told that they too were ineligible for the AGDRP. The discrimination was now palpable.
A veritable flood of similar concerns of discrimination has since poured in from New Zealanders living across Australia regarding areas such as employment, education & training, student loans, social security, social services, and access to Australian citizenship.
This strong sense of discrimination has emerged as a result of the amendment to the definition of ‘Australian resident' in the Social Security Act 1991 (Cth) made as a result of the Family and Community Services Legislative Amendment (New Zealand Citizens) Act 2001. One need go no further than the title of this amendment to see that it discriminates based on New Zealand nationality.
The Australian Citizenship (Permanent Resident Status - New Zealand Citizens Declaration 2001 ensured that the discrimination was effective by removing our eligibility for Australian citizenship.
The then Minister for Immigration and Multicultural Affairs officially announced the citizenship and social security changes as being for the express purpose of implementing a new social security treaty with New Zealand. The Hansard record shows that members of the Australian Parliament passed the amendments on this basis. However, as you are no doubt aware, there is no such treaty between our two countries that strips such rights only from New Zealanders but leaves the rights of Australians intact.
Similarly, the 1994 changes effected by Regulation 17 (New Zealand citizens and certain children of New Zealand citizens) of the Migration Reform (Transitional Provisions) Regulations saw the removal of official permanent resident status from most New Zealand citizens residing in Australia.
As a result of these changes, many people who live, work, pay taxes, and raise families in Australia are now never able to enjoy equal rights simply because we come from New Zealand. In short, the 1994 and 2001 amendments have made an underclass out of New Zealanders. This sad fact was confirmed by the recent decision in Faulkner vs ACE Insurance [2011] NSWADT 36, where it was found that the insurance company in question had racially discriminated against New Zealand nationals by using the definition of ‘Australian resident' in the Social Security Act as a general eligibility condition for insurance. It was estimated by the Tribunal that up to 47% of resident New Zealanders are now excluded from this definition.
Examples of systemic discrimination based on New Zealand nationality:
Australian Citizenship:
Children born in Australia to permanently residing ‘non-protected' New Zealanders (i.e.: those not in Australia on the 26th of February 2001) are not born Australian citizens. Such children will only acquire citizenship on their tenth birthday if they have been ordinarily resident in Australia since birth under the Statelessness Convention.
Non-protected New Zealanders with children born in Australia have no pathway to citizenship. Such parents do not qualify for many social benefits. Their children are disadvantaged as a result.
Non-protected New Zealanders never become eligible for Australian citizenship regardless of their length of residency. Such New Zealanders are now required to first obtain a permanent visa in order to do so, despite already holding the right to permanently reside under the Trans-Tasman Travel Arrangement. Therefore, migration criteria such as health, age, and education are being illegitimately applied as citizenship eligibility criteria. This has resulted in the virtual exclusion of resident unprotected New Zealanders aged over 45 from the possibility of ever obtaining Australian citizenship.
In some cases, people who have lived in Australia for more than 40 years have had their access to citizenship removed simply because they are from New Zealand.
Even Russell Crowe was rejected for Australian citizenship despite being declared an "Aussie Legend". Mr. Crowe was at the BAFTA Awards in London on the 26th of February 2001.
Employment:
2009: Victorian Metropolitan Fire Brigade (MFB) refuses to offer permanent employment to New Zealanders who are not eligible for citizenship. Complaint of race discrimination was accepted by the Victorian Equal Opportunity and Human Rights Commission. MFB reverses the policy and apologises for race discrimination based on New Zealand nationality.
2010: Fire and Emergency Services of Western Australia advertise same conditions as MFB. Policy immediately reversed upon complaint to the HR manager.
2010: Victoria Police introduces employment policy that excludes ‘non-protected' SCV holders. Lodged complaint of race discrimination with the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). Victoria Police reverse this policy and offers employment to all New Zealanders.
2010: Western Australia Department of Health denies the right to employment as a trainee Nurses Assistant to NZ citizens unless we hold a permanent visa. Complaint of race discrimination accepted by the WA Equal Opportunity Commission. Department of Health reverses decision.
Other employment sectors similarly turn away NZ Citizens simply because of their 'residency status'.
The eldest son of a family who arrived in Australia in Nov 2007 has been in & out of work due to the nature of his work operating an excavator. As a New Zealander he is not eligible for any unemployment benefit despite having resided in Australia for 4 years. After many weeks without work and income of any kind as a direct result of the wet weather, he was taken to Centrelink to register for work and training - only to be told he is not a priority because he is not receiving an unemployment benefit.
Education:
2005: Amendments to the Higher Education Funding Act removed eligibility for student loans from non-citizens. Children who are non-protected New Zealanders are ineligible for citizenship and therefore have no possibility of obtaining a student loan. In addition, non-citizens permanently residing in Australia must pay 20% more for higher education than an Australian citizen. As a consequence, many parents are forced to send their children back to New Zealand in order for them to receive higher education despite being long term Australian residents and taxpayers.
2005: Victorian Department of Transport removes eligibility for student concessional travel from all New Zealanders unless we hold a permanent visa. Complaint of race discrimination recently lodged to the Director of Public Transport. Matter pending.
2007: Victoria removes TAFE funding from NZ Citizens. Complaint of race discrimination lodged with VEOHRC. NZ High Commissioner becomes involved. TAFE funding restored to NZ citizens.
2010: Qld Department of Health treat NZ citizens applying for medical internships less favourably than Australian citizens. Complaint of race discrimination accepted by Qld Anti-Discrimination Commission. Qld Department of Health changes policy to treat New Zealanders the same as Australians.
2011: Several high schools on the Gold Coast report that school leavers of New Zealand nationality are the most likely to fall into the gap of low socio economics due to lack of higher education opportunities and financial support.
Social Services & Disabilities:
A mother has 2 children aged 7 years and 3 years to an Australian citizen who has since left the family. The mother does not qualify for social security payments due to her status as a ‘non-protected' New Zealander. Her lack of skills is making it difficult for her to find fulltime employment in order to qualify for subsidised day-care costs. With no family or friends here in Australia she would like to take her children home to NZ, but cannot afford the costs to go through the courts to relocate them. She does not qualify for a permanent visa.
2007: Funding for disability support services removed from non-protected New Zealanders in Queensland. Complaint of race discrimination accepted by the Queensland Anti-Discrimination Commission against the Queensland Government.
Children born in Australia to non-protected New Zealnders are not born Australian citizens and therefore are not entitled to equal rights to disability services if they are born with a congenital defect, have autism, etc depending on which State they are living in.
Mrs Campbell, whose 19-year-old daughter Hannah needs 24-hour care for severe cerebral palsy, has been turned down for three federal disability support allowances since arriving in Australia in 2006. The Toowoomba resident is preparing to lodge a human rights complaint against the Australian Government with the United Nations. She is also considering a claim of discrimination against the Queensland Government after being turned down for support from the state's Cerebral Palsy League. "I'd like to see everyone who comes to Australia in our situation get treated well. We're ANZACs after all. But this is discriminatory." Her daughter's disability means there is "no point" applying for citizenship or permanent residency in Australia, she said.
Mrs Field said her husband, was turned down for state assistance in Australia after being diagnosed with cancer last year. She lived in Australia from 1985 to 1996, and returned there with her family in 2003. But she was classed as a non-protected visa holder because she was away from the country on February 26, 2001. She is trying to qualify for a permanent visa but is worried her husband's health will harm her case. "I have paid 18 years' taxes to Australia, never been unemployed. Now I'm saving either the $6800 to get an immigration agent to help us to try and get residency or $2535 to attempt to do it myself.
Public Housing:
2007: Access to public housing in the states of WA, Victoria and Queensland removed from non-protected New Zealanders.
Other Areas:
2009: Certain ACE Insurance policies exclude ‘non-protected' SCV holders from eligibility for cover. Complaint of race discrimination upheld by the Equal Opportunity Division of the NSW Administrative Decisions Tribunal.
Social Services across many areas are affecting Permanent Residents.
Homelessness of NZ Citizens is increasing with many victims unable to return to NZ due to lack of funds.
These are the kinds of concerns that have been consistently raised by a growing number of NZ citizens via numerous reputable community organisations and parliamentary representatives. The sheer number of such complaints keeps growing.
In stark contrast, Australian citizens permanently residing in New Zealand become eligible to apply for NZ citizenship, tertiary student allowances and student loans, as well as all social security benefits after a reasonable residency period of 2 years. New Zealand's laws prohibit discrimination based on nationality, but Australia's laws do not.
In light of this systemic discrimination based on New Zealand nationality, I ask on behalf of the many New Zealanders expressing their concerns to me for equal treatment to be restored to New Zealanders permanently residing in Australia under the Trans-Tasman Travel Arrangements. Namely, that we are again recognised as residents under the Social Security Act and as permanent residents under the Australian Citizenship and Migration acts.
To this end, we also ask for the establishment of a formal treaty between Australia and New Zealand that enshrines the rights to equality and protection from discrimination to Australians and New Zealanders alike when we are living in each other's countries.
I thank you for your time and appreciate your response.
Warm regards,
Christel Broederlow
1 Boronia Court
Ormeau, Gold Coast
Q4208
AUSTRALIA
www.maori-in-oz.com
info@maori-in-oz.com
A copy of this letter has also been sent to New Zealand Prime Minister John Key with a petition also gathering support throughout Australia and NZ.
The original letter has been signed and posted to the above-mentioned address and emailed.
REFERENCES:
Australia Bureau of Statistics 2010. Australian Social Trends (Sept 2010), New Zealanders in Australia, cat. no. 4102.0, ABS, Canberra. Retrieved on Sunday 10th of April 2011 from www.abs.gov.au/socialtrends
Australian Government, Centrelink 2011. Australian Government Disaster Recovery Payment. Retrieved on Friday 11th of March 2011 from
http://www.centrelink.gov.au/internet/internet.nsf/payments/disaster_relief.htm
Australian Government, Centrelink. New Zealand (NZ) citizens claiming payments in Australia. Retrieved on Friday 11th of March 2011 from
http://www.centrelink.gov.au/internet/internet.nsf/factors/nz_policy.htm
Australian Government, Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Social Security Agreement between Australia and New Zealand. Retrieved on Thursday 10th of March 2011 from
http://www.fahcsia.gov.au/sa/international/ssa/currentagreements/Pages/nz-nz.aspx
Australian Government, Department of Immigration and Citizenship. Chapter 14 - New Zealand Citizens in Australia (Feb 2008). Retrieved on Thursday 10th of April 2011 from
www.citizenship.gov.au/_pdf/aci/chapter14.pdf
Australian Government, Department of Immigration and Citizenship. Fact Sheet 17 - New Zealanders in Australia (Nov 2010). Retrieved on Thursday 10th of April 2011 from
http://www.immi.gov.au/media/fact-sheets/17nz.htm
Australian Government, Department of Immigration and Citizenship. Visas, Immigration and Refugees, Returning Residents. Retrieved on Thursday 10th of April 2011 from
http://www.immi.gov.au/migrants/residents/155/
Australasian Legal Information Institute. Commonwealth Consolidated Acts, Migration Act 1958(Cth). Retrieved on Sunday 10th of April 2011 from
http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/
Australasian Legal Information Institute. Commonwealth Consolidated Acts, Social Security Act 1991 - Sect 7 (2). Retrieved on Sunday 10th of April 2011 from
http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s7.html
Parliament of Australia, Parliamentary Library 2000. Family and Community Services Legislation Amendment (New Zealand Citizens) Bill 2001, Bills Digest No. 102 2000-01. Retrieved on Sunday 10th of April 2011 from
http://www.aph.gov.au/library/pubs/bd/2000-01/01BD102.htm
Geesche Jacobsen, The Sydney Morning Herald, Mar 10 2011. Insurer discriminated against New Zealanders: tribunal. Retrieved on Thursday 10th of March 2011 from
http://www.smh.com.au/national/insurer-discriminated-against-new-zealanders-tribunal-20110310-1bp4z.html
NZ Government. Work and Income. Individuals. Retrieved on Sunday 10th of April 2011 from
http://www.workandincome.govt.nz/individuals/index.html
If you have other articles of relevance to add, please email info@maori-in-oz.com
For more information/news please visit http://www.specialcategoryvisa.com/subclass444/
Or http://www.facebook.com/MaoriInOz
Thursday, 14 April 2011
Please view attached letter sent to Hon Julia Gillard MP - Prime Minister of Australia A Fair Go For NZ Citizens Living in Australia (Copy below). An identical copy was sent to NZ Prime Minister Rt Hon John Key which can be found with other relevant articles/news in the section Fair Go For NZ Citizens in OZ
To The Hon Julia Gillard MP
Prime Minister
Parliament House
CANBERRA ACT 2600
Thursday 14th of April 2011
Dear Prime Minister Julia Gillard
I write this letter to you on behalf of the large number of New Zealanders permanently residing in Australia who have raised serious concerns to me of unequal treatment based on their nationality
The Queensland Flood Disaster caused many affected New Zealanders to complain of unequal treatment when they were initially refused the Australian Government Disaster Recovery Payment (AGDRP). After pleas for help to both governments, the Australian Government granted an "Ex-gratia Assistance Payment" to those New Zealanders who had been previously refused assistance. (Centrelink 2011)
The flood waters had barely begun to recede when Cyclone Yasi tore through northern Queensland. Innocent victims were once again caught up in traumatic and devastating circumstances outside of their control. Yet again, the calls came in from affected New Zealanders being told that they too were ineligible for the AGDRP. The discrimination was now palpable.
A veritable flood of similar concerns of discrimination has since poured in from New Zealanders living across Australia regarding areas such as employment, education & training, student loans, social security, social services, and access to Australian citizenship.
This strong sense of discrimination has emerged as a result of the amendment to the definition of ‘Australian resident' in the Social Security Act 1991 (Cth) made as a result of the Family and Community Services Legislative Amendment (New Zealand Citizens) Act 2001. One need go no further than the title of this amendment to see that it discriminates based on New Zealand nationality.
The Australian Citizenship (Permanent Resident Status - New Zealand Citizens Declaration 2001 ensured that the discrimination was effective by removing our eligibility for Australian citizenship.
The then Minister for Immigration and Multicultural Affairs officially announced the citizenship and social security changes as being for the express purpose of implementing a new social security treaty with New Zealand. The Hansard record shows that members of the Australian Parliament passed the amendments on this basis. However, as you are no doubt aware, there is no such treaty between our two countries that strips such rights only from New Zealanders but leaves the rights of Australians intact.
Similarly, the 1994 changes effected by Regulation 17 (New Zealand citizens and certain children of New Zealand citizens) of the Migration Reform (Transitional Provisions) Regulations saw the removal of official permanent resident status from most New Zealand citizens residing in Australia.
As a result of these changes, many people who live, work, pay taxes, and raise families in Australia are now never able to enjoy equal rights simply because we come from New Zealand. In short, the 1994 and 2001 amendments have made an underclass out of New Zealanders. This sad fact was confirmed by the recent decision in Faulkner vs ACE Insurance [2011] NSWADT 36, where it was found that the insurance company in question had racially discriminated against New Zealand nationals by using the definition of ‘Australian resident' in the Social Security Act as a general eligibility condition for insurance. It was estimated by the Tribunal that up to 47% of resident New Zealanders are now excluded from this definition.
Examples of systemic discrimination based on New Zealand nationality:
Australian Citizenship:
Children born in Australia to permanently residing ‘non-protected' New Zealanders (i.e.: those not in Australia on the 26th of February 2001) are not born Australian citizens. Such children will only acquire citizenship on their tenth birthday if they have been ordinarily resident in Australia since birth under the Statelessness Convention.
Non-protected New Zealanders with children born in Australia have no pathway to citizenship. Such parents do not qualify for many social benefits. Their children are disadvantaged as a result.
Non-protected New Zealanders never become eligible for Australian citizenship regardless of their length of residency. Such New Zealanders are now required to first obtain a permanent visa in order to do so, despite already holding the right to permanently reside under the Trans-Tasman Travel Arrangement. Therefore, migration criteria such as health, age, and education are being illegitimately applied as citizenship eligibility criteria. This has resulted in the virtual exclusion of resident unprotected New Zealanders aged over 45 from the possibility of ever obtaining Australian citizenship.
In some cases, people who have lived in Australia for more than 40 years have had their access to citizenship removed simply because they are from New Zealand.
Even Russell Crowe was rejected for Australian citizenship despite being declared an "Aussie Legend". Mr. Crowe was at the BAFTA Awards in London on the 26th of February 2001.
Employment:
2009: Victorian Metropolitan Fire Brigade (MFB) refuses to offer permanent employment to New Zealanders who are not eligible for citizenship. Complaint of race discrimination was accepted by the Victorian Equal Opportunity and Human Rights Commission. MFB reverses the policy and apologises for race discrimination based on New Zealand nationality.
2010: Fire and Emergency Services of Western Australia advertise same conditions as MFB. Policy immediately reversed upon complaint to the HR manager.
2010: Victoria Police introduces employment policy that excludes ‘non-protected' SCV holders. Lodged complaint of race discrimination with the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). Victoria Police reverse this policy and offers employment to all New Zealanders.
2010: Western Australia Department of Health denies the right to employment as a trainee Nurses Assistant to NZ citizens unless we hold a permanent visa. Complaint of race discrimination accepted by the WA Equal Opportunity Commission. Department of Health reverses decision.
Other employment sectors similarly turn away NZ Citizens simply because of their 'residency status'.
The eldest son of a family who arrived in Australia in Nov 2007 has been in & out of work due to the nature of his work operating an excavator. As a New Zealander he is not eligible for any unemployment benefit despite having resided in Australia for 4 years. After many weeks without work and income of any kind as a direct result of the wet weather, he was taken to Centrelink to register for work and training - only to be told he is not a priority because he is not receiving an unemployment benefit.
Education:
2005: Amendments to the Higher Education Funding Act removed eligibility for student loans from non-citizens. Children who are non-protected New Zealanders are ineligible for citizenship and therefore have no possibility of obtaining a student loan. In addition, non-citizens permanently residing in Australia must pay 20% more for higher education than an Australian citizen. As a consequence, many parents are forced to send their children back to New Zealand in order for them to receive higher education despite being long term Australian residents and taxpayers.
2005: Victorian Department of Transport removes eligibility for student concessional travel from all New Zealanders unless we hold a permanent visa. Complaint of race discrimination recently lodged to the Director of Public Transport. Matter pending.
2007: Victoria removes TAFE funding from NZ Citizens. Complaint of race discrimination lodged with VEOHRC. NZ High Commissioner becomes involved. TAFE funding restored to NZ citizens.
2010: Qld Department of Health treat NZ citizens applying for medical internships less favourably than Australian citizens. Complaint of race discrimination accepted by Qld Anti-Discrimination Commission. Qld Department of Health changes policy to treat New Zealanders the same as Australians.
2011: Several high schools on the Gold Coast report that school leavers of New Zealand nationality are the most likely to fall into the gap of low socio economics due to lack of higher education opportunities and financial support.
Social Services & Disabilities:
A mother has 2 children aged 7 years and 3 years to an Australian citizen who has since left the family. The mother does not qualify for social security payments due to her status as a ‘non-protected' New Zealander. Her lack of skills is making it difficult for her to find fulltime employment in order to qualify for subsidised day-care costs. With no family or friends here in Australia she would like to take her children home to NZ, but cannot afford the costs to go through the courts to relocate them. She does not qualify for a permanent visa.
2007: Funding for disability support services removed from non-protected New Zealanders in Queensland. Complaint of race discrimination accepted by the Queensland Anti-Discrimination Commission against the Queensland Government.
Children born in Australia to non-protected New Zealnders are not born Australian citizens and therefore are not entitled to equal rights to disability services if they are born with a congenital defect, have autism, etc depending on which State they are living in.
Mrs Campbell, whose 19-year-old daughter Hannah needs 24-hour care for severe cerebral palsy, has been turned down for three federal disability support allowances since arriving in Australia in 2006. The Toowoomba resident is preparing to lodge a human rights complaint against the Australian Government with the United Nations. She is also considering a claim of discrimination against the Queensland Government after being turned down for support from the state's Cerebral Palsy League. "I'd like to see everyone who comes to Australia in our situation get treated well. We're ANZACs after all. But this is discriminatory." Her daughter's disability means there is "no point" applying for citizenship or permanent residency in Australia, she said.
Mrs Field said her husband, was turned down for state assistance in Australia after being diagnosed with cancer last year. She lived in Australia from 1985 to 1996, and returned there with her family in 2003. But she was classed as a non-protected visa holder because she was away from the country on February 26, 2001. She is trying to qualify for a permanent visa but is worried her husband's health will harm her case. "I have paid 18 years' taxes to Australia, never been unemployed. Now I'm saving either the $6800 to get an immigration agent to help us to try and get residency or $2535 to attempt to do it myself.
Public Housing:
2007: Access to public housing in the states of WA, Victoria and Queensland removed from non-protected New Zealanders.
Other Areas:
2009: Certain ACE Insurance policies exclude ‘non-protected' SCV holders from eligibility for cover. Complaint of race discrimination upheld by the Equal Opportunity Division of the NSW Administrative Decisions Tribunal.
Social Services across many areas are affecting Permanent Residents.
Homelessness of NZ Citizens is increasing with many victims unable to return to NZ due to lack of funds.
These are the kinds of concerns that have been consistently raised by a growing number of NZ citizens via numerous reputable community organisations and parliamentary representatives. The sheer number of such complaints keeps growing.
In stark contrast, Australian citizens permanently residing in New Zealand become eligible to apply for NZ citizenship, tertiary student allowances and student loans, as well as all social security benefits after a reasonable residency period of 2 years. New Zealand's laws prohibit discrimination based on nationality, but Australia's laws do not.
In light of this systemic discrimination based on New Zealand nationality, I ask on behalf of the many New Zealanders expressing their concerns to me for equal treatment to be restored to New Zealanders permanently residing in Australia under the Trans-Tasman Travel Arrangements. Namely, that we are again recognised as residents under the Social Security Act and as permanent residents under the Australian Citizenship and Migration acts.
To this end, we also ask for the establishment of a formal treaty between Australia and New Zealand that enshrines the rights to equality and protection from discrimination to Australians and New Zealanders alike when we are living in each other's countries.
I thank you for your time and appreciate your response.
Warm regards,
Christel Broederlow
1 Boronia Court
Ormeau, Gold Coast
Q4208
AUSTRALIA
www.maori-in-oz.com
info@maori-in-oz.com
A copy of this letter has also been sent to New Zealand Prime Minister John Key with a petition also gathering support throughout Australia and NZ.
The original letter has been signed and posted to the above-mentioned address and emailed.
REFERENCES:
Australia Bureau of Statistics 2010. Australian Social Trends (Sept 2010), New Zealanders in Australia, cat. no. 4102.0, ABS, Canberra. Retrieved on Sunday 10th of April 2011 from www.abs.gov.au/socialtrends
Australian Government, Centrelink 2011. Australian Government Disaster Recovery Payment. Retrieved on Friday 11th of March 2011 from
http://www.centrelink.gov.au/internet/internet.nsf/payments/disaster_relief.htm
Australian Government, Centrelink. New Zealand (NZ) citizens claiming payments in Australia. Retrieved on Friday 11th of March 2011 from
http://www.centrelink.gov.au/internet/internet.nsf/factors/nz_policy.htm
Australian Government, Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Social Security Agreement between Australia and New Zealand. Retrieved on Thursday 10th of March 2011 from
http://www.fahcsia.gov.au/sa/international/ssa/currentagreements/Pages/nz-nz.aspx
Australian Government, Department of Immigration and Citizenship. Chapter 14 - New Zealand Citizens in Australia (Feb 2008). Retrieved on Thursday 10th of April 2011 from
www.citizenship.gov.au/_pdf/aci/chapter14.pdf
Australian Government, Department of Immigration and Citizenship. Fact Sheet 17 - New Zealanders in Australia (Nov 2010). Retrieved on Thursday 10th of April 2011 from
http://www.immi.gov.au/media/fact-sheets/17nz.htm
Australian Government, Department of Immigration and Citizenship. Visas, Immigration and Refugees, Returning Residents. Retrieved on Thursday 10th of April 2011 from
http://www.immi.gov.au/migrants/residents/155/
Australasian Legal Information Institute. Commonwealth Consolidated Acts, Migration Act 1958(Cth). Retrieved on Sunday 10th of April 2011 from
http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/
Australasian Legal Information Institute. Commonwealth Consolidated Acts, Social Security Act 1991 - Sect 7 (2). Retrieved on Sunday 10th of April 2011 from
http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s7.html
Parliament of Australia, Parliamentary Library 2000. Family and Community Services Legislation Amendment (New Zealand Citizens) Bill 2001, Bills Digest No. 102 2000-01. Retrieved on Sunday 10th of April 2011 from
http://www.aph.gov.au/library/pubs/bd/2000-01/01BD102.htm
Geesche Jacobsen, The Sydney Morning Herald, Mar 10 2011. Insurer discriminated against New Zealanders: tribunal. Retrieved on Thursday 10th of March 2011 from
http://www.smh.com.au/national/insurer-discriminated-against-new-zealanders-tribunal-20110310-1bp4z.html
NZ Government. Work and Income. Individuals. Retrieved on Sunday 10th of April 2011 from
http://www.workandincome.govt.nz/individuals/index.html
If you have other articles of relevance to add, please email info@maori-in-oz.com
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Anzac Spirit?
From Miss Gillard: "Australia and New Zealand are very close friends. We share a strategic outlook, we share common bonds, we share our long-standing Anzac tradition, and of course we share a partnership based on our economic integration." During Australia's "summer of hardship" she also said:
"At a time of hardship and grief, Australia will always be there to help. Always."
Sadly, this doesn't apply to us kiwis who live work and pay taxes in Australia. The "Lost Kiwis" who have SCV and will never be able to access help from Australia for Future Disasters, Illness, Crisis, Abandonment, Homelessness etc.
Its proven that getting a PR and to become a Citizen in Oz is increasingly getting harder to obtain.
Kiwis don't come over to grab Ozzie jobs..they come because they want to work and in most circumstances their future Australian jobs arrange this.
Kiwis are not wanting "hand outs' either. They help pay for them. The Trans- Tasman Bilateral Agreement is proven Discriminatory.
It seems the Govt is willing to accept kiwis and their taxes but in difficult circumstances through no fault of their own, they are not willing to help.
Some Kiwis end up on the street after years of working in Australia and the Govt.s answer is to send them home via Charities....Anzac Spirit and Mate Ship in Oz? No!...Miss Gillard must of been speaking about our Apples!
"At a time of hardship and grief, Australia will always be there to help. Always."
Sadly, this doesn't apply to us kiwis who live work and pay taxes in Australia. The "Lost Kiwis" who have SCV and will never be able to access help from Australia for Future Disasters, Illness, Crisis, Abandonment, Homelessness etc.
Its proven that getting a PR and to become a Citizen in Oz is increasingly getting harder to obtain.
Kiwis don't come over to grab Ozzie jobs..they come because they want to work and in most circumstances their future Australian jobs arrange this.
Kiwis are not wanting "hand outs' either. They help pay for them. The Trans- Tasman Bilateral Agreement is proven Discriminatory.
It seems the Govt is willing to accept kiwis and their taxes but in difficult circumstances through no fault of their own, they are not willing to help.
Some Kiwis end up on the street after years of working in Australia and the Govt.s answer is to send them home via Charities....Anzac Spirit and Mate Ship in Oz? No!...Miss Gillard must of been speaking about our Apples!
Kiwis stuck in one-way welfare street....
THEY may have fought alongside Australians at Gallipoli but Kiwis who decide to call this country home are not deemed worthy of government benefits.
This means that 19-year-old cerebral palsy sufferer Hannah Campbell, who has lived in Australia for five years, has been refused financial assistance to attend day care - even though her father, Dave, has been working as a Toowoomba bus driver and paying Australian taxes.
New Zealanders living here believe this amounts to racial discrimination. This claim has been acknowledged by Queensland's Anti-Discrimination Commission, which has ordered the Queensland government to enter mediation with Ms Campbell and her family. Significantly for the Campbells, the hearing was scheduled for the Anzac Day public holiday.
Advertisement: Story continues below
The Howard government blocked New Zealanders from receiving social security benefits a decade ago in an attempt to end backdoor immigration of Pacific Islanders and Hong Kong migrants moving to Australia via New Zealand.
Under the Commonwealth Social Security Act, only permanent Australian residents are eligible for welfare including the dole, youth allowance and sickness benefits.
But New Zealanders do not fit the definition of Australian resident, because they do not need a permanent visa to live in Australia under the travel agreement permitting free movement between the countries.
''We're entitled to live here permanently but we have less rights than everyone else,'' Kiwi rights campaigner David Faulkner said.
''You should get social security because you're human being living and working and paying taxes in Australia.''
The anomaly was highlighted by the recent spate of natural disasters. New Zealanders living in Queensland were ruled ineligible for the one-off disaster relief payments, until uproar across the Tasman forced the Australian government to hastily approve ex gratia payments for these victims. ''It was a Band-Aid solution for a systemic problem,'' Mr Faulkner said.
Two hundred thousand New Zealanders have moved to Australia in the past 10 years, and Mr Faulkner says that up to half of them have been denied welfare. Kiwis find it particularly galling, given that Australians who move to New Zealand are eligible for benefits there.
Ms Campbell, who requires 24-hour care, moved to Toowoomba from Rotorua with her parents in March 2006. When her mother, Glenda, applied to Centrelink for the disability support pension, she was told they had to be living in Australia for two years. But when she applied again after that time she was told they did not qualify because they were New Zealanders.
''I was absolutely surprised,'' she said. ''I thought, 'My goodness. We are Anzacs when all's said and done.' I would expect I would have got the services I needed for Hannah.''
It means the Campbells can only afford to send Hannah to day care for two days a week, instead of the five days they would prefer.
''If she [was] able to go five days, it would definitely take the pressure off,'' Mrs Campbell said.
Read more: http://www.brisbanetimes.com.au/queensland/kiwis-stuck-in-oneway-welfare-street-20110423-1dsfm.html#ixzz1L0J41900
This means that 19-year-old cerebral palsy sufferer Hannah Campbell, who has lived in Australia for five years, has been refused financial assistance to attend day care - even though her father, Dave, has been working as a Toowoomba bus driver and paying Australian taxes.
New Zealanders living here believe this amounts to racial discrimination. This claim has been acknowledged by Queensland's Anti-Discrimination Commission, which has ordered the Queensland government to enter mediation with Ms Campbell and her family. Significantly for the Campbells, the hearing was scheduled for the Anzac Day public holiday.
Advertisement: Story continues below
The Howard government blocked New Zealanders from receiving social security benefits a decade ago in an attempt to end backdoor immigration of Pacific Islanders and Hong Kong migrants moving to Australia via New Zealand.
Under the Commonwealth Social Security Act, only permanent Australian residents are eligible for welfare including the dole, youth allowance and sickness benefits.
But New Zealanders do not fit the definition of Australian resident, because they do not need a permanent visa to live in Australia under the travel agreement permitting free movement between the countries.
''We're entitled to live here permanently but we have less rights than everyone else,'' Kiwi rights campaigner David Faulkner said.
''You should get social security because you're human being living and working and paying taxes in Australia.''
The anomaly was highlighted by the recent spate of natural disasters. New Zealanders living in Queensland were ruled ineligible for the one-off disaster relief payments, until uproar across the Tasman forced the Australian government to hastily approve ex gratia payments for these victims. ''It was a Band-Aid solution for a systemic problem,'' Mr Faulkner said.
Two hundred thousand New Zealanders have moved to Australia in the past 10 years, and Mr Faulkner says that up to half of them have been denied welfare. Kiwis find it particularly galling, given that Australians who move to New Zealand are eligible for benefits there.
Ms Campbell, who requires 24-hour care, moved to Toowoomba from Rotorua with her parents in March 2006. When her mother, Glenda, applied to Centrelink for the disability support pension, she was told they had to be living in Australia for two years. But when she applied again after that time she was told they did not qualify because they were New Zealanders.
''I was absolutely surprised,'' she said. ''I thought, 'My goodness. We are Anzacs when all's said and done.' I would expect I would have got the services I needed for Hannah.''
It means the Campbells can only afford to send Hannah to day care for two days a week, instead of the five days they would prefer.
''If she [was] able to go five days, it would definitely take the pressure off,'' Mrs Campbell said.
Read more: http://www.brisbanetimes.com.au/queensland/kiwis-stuck-in-oneway-welfare-street-20110423-1dsfm.html#ixzz1L0J41900
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