Kiwis in Australia

We believe that Australia’s citizenship, social security, and student loan laws discriminate against New Zealanders, and are planning a class action under the Racial Discrimination Act 1975.

We are currently seeking expressions of interest from those willing to join such an action or pledge financial support if and when the action commences.

Target: $25,000

Pledged: $8,100

Please contact using this form if interested

Currently unable to access disability services in Queensland - It is our belief that after submitting this complaint the Campbell's allegedly reached an out of court settlement with the state of QLD please get in contact here if you are in a similar circumstances.

Complaint - http://www.specialcategoryvisa.com/subclass444/images/campbell/campbell.pdf

ABC Radio National Pacific Beat
Wed Oct 10, 2012

http://www.abc.net.au/news/2012-10-10/an-nz-minister-says-kiwis-in-aus-discriminated-against/4306178?section=australianetworknews

Hill: A former New Zealand foreign minister says he’s prepared to fly to Australia to appeal directly to the Government for what he says is discrimination against New Zealanders. Opposition Labour Party Spokesman on Foreign Affairs, Phil Goff, and also a former Labour Leader, says Kiwis in Australia are being denied a path to citizenship – contrary to claims by the Australian Government of equal treatment.

Pacific Beat has asked Australian Immigration Minister Chris Bowen to speak about these concerns. A spokesman said he would be unavailable. A spokesman said that the claims are incorrect, that New Zealanders have to be permanent residents first before applying for citizenship. The statement says many Kiwis mistakenly believe that their right to live and work in Australia automatically qualifies them for citizenship, but their special category visa is still temporary. Phil Goff though, disagrees.

Goff: That’s not correct. Alone among people living permanently in Australia, New Zealanders are denied the rights of permanent residency and the benefits that go with it. Look, you can’t talk about having a single labour market, and aiming to achieve a single economic market between Australia and New Zealand, and then implement discrimination that contradicts that concept of everybody being treated in the same way.

Yet, you know, it’s really about fairness. So, were approaching the centenary of the ANZAC tradition, yet New Zealanders are singled out as being the only group that can live permanently in Australia, that work hard, that pay their taxes, but are denied the same things that every other permanent resident of Australia can take for granted - in terms of a path to citizenship, in terms of, you know, you pay your taxes so that if things happen that aren’t planned for, you become sick, you’re made redundant, there is a safety net there. I don’t think Kiwis think that’s a fair go, and what’s more, I don’t think that Aussies think that that’s a fair go, and this is about fairness.

Hill: Well, if the Australian Government says that this was all worked out as the result of an agreement with New Zealand, you were actually foreign minister at the time. Is it true that this was all done with New Zealand saying yes this is fine?

Goff: No - Absolutely not. The Australian Government of 2001 and the New Zealand Government agreed on two things: That people who were old age pensioners should get a pension paid for by both countries in proportion to the time that they’d spent working in each country, and that people who had major disabilities would be entitled to receive a benefit. Anything outside of that was left to the country itself to determine what path it would take.

In New Zealand we continue to treat Australians living permanently in New Zealand with exactly the same rights as Kiwis. In Australia it was done differently.

Hill: Well, the Immigration Minister of Australia, Chris Bowen says that New Zealanders are possibly just – they mistakenly believe that this visa gives them the right to qualify for citizenship. That’s just not true. But look at it from Australia’s perspective – New Zealanders are given this right to work and live in Australia which other people don’t have, so aren’t New Zealanders, you know, still better off than others?

Goff: Well, in every other region of the world – take the European Union for example – were you have a single labour market you don’t say to people you can come here and you can work here and you have to pay your taxes here, fair enough, but you’re denied the benefits that go with the payment of that taxation.

Hill: We’ve asked Chris Bowen the Immigration Minister to come on to talk about this but that’s been declined, they just sent us this statement. It doesn’t really sound as if anything’s going to change.

Goff: I think there has to be political engagement on it, and I’m happy to go over and have a talk to Chris, and have a talk to Bob Carr and others – because I think that when you look at the facts of the case, it’s not that New Zealanders are going there to bludge, they’re going there to work. They go there to work because there’s work there, and they go there to apply their skills. In fact, Kiwis have a higher rate of participation in the labour market than any other migrant group to Australia, and Australians themselves.

Hill: Are you doing anything about this yourself politically in New Zealand as well?

Goff: Well, I’ve raised the matter with our Government, and I’m awaiting their reply, because expect our Government to stand up for the rights of Kiwis in Australia, and to say that Kiwis in Australia should be treated in the same way as Aussies are treated in New Zealand – and I’ll go there and make the case myself to people on both sides of the political fence - I don’t think it’s a party-political issue – just to say this is about a fair go, this is about an ANZAC tradition, this is about trying to achieve a single economic market between our two countries that are so similar, and nobody should be discriminated against on the basis of their nationality.

Yeah, have a period of time before people can get benefits – that’s fair enough - but to say that someone who’s lived there for ten years, have their kids born in Australia and raised in Australia not having the right at a time of extreme illness, such as a brain tumour, being able to get income support so that the family isn’t in destitution – that’s wrong, and what really worries me is that some groups within the New Zealand population that have gone to Australia like the Pacific families, they’re raising their kids in Australia, but their kids have a ceiling that they can’t go beyond in their education because they’re not, for example, eligible for student loans. These are kids that grow up thinking of themselves as Australians. Surely, in Australia you want every kid to have the same chance to do the best that he or she can to make the most of themselves and their potential, and to contribute as much as they can to Australia – and policies like preventing them getting access to student loans is something that stops that happening.

Afected by the 2001 changes Please make a complaint to the productivity comission

http://111.65.229.91/discussion/quick-comments

Kevin Rudd at the press club

Steve Marshall question:
“Are you concerned about the about the growing number of complaints of discrimination being made by New Zealanders about this legislation and is it a priority for you to repeal this legislation in your term as foreign minister?”
 
Kevin Rudd answer
“Coming from qld as i do, i’m aware of the concerns that have been raised by the nz citizens. I am also aware of the laws that currently exist in the commonwealth of Australia in terms of the requirement for oz citizenship for such benefits that you have just described, be delivered. This is a difficult and sensitive challenge.  Ii also note that it involves a range of portfolio responsibilities over which i no longer choose to make pronouncements corporately ( ha, ha) therefore it is wise that i consult colleagues further on this. I could say more broadly however, that on the question of kiwis in Australia....that we in this country have a big interest ensuring that kiwis who come here to live and work can only feel at home.... but are also treated properly as well. But on the detailed response to your question, i do not wish to invent something out of the air. IT is best done through the collective deliberation of colleagues thank you”"

Human Rights Issues for New Zealand Citizens Residing in Australia - http://www.underarmbowling.com/

Please register your concern with the issues ion this website and sign this petition http://www.thepetitionsite.com/1/fair-go-nz-citizens-in-oz/  .

Video from kiwi T.V. about 2001 changes.

http://tvnz.co.nz/national-news/ex-pats-caught-australian-residency-laws-2-37-video-4101573 

The fact that it is race Discrimination is now proven in Australia. ACE Insurance used same definition as social security act for residents and the definition was found to be discriminatory. They said you had to be a protected SCV holder to take out a policy. The same terms the minister requires for citizenship.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=150396

and http://www.smh.com.au/national/insurer-discriminated-against-new-zealanders-tribunal-20110310-1bp4z.html

Many New Zealand citizens permanently residing in Australian territory under the Trans-Tasman Travel Arrangements are currently excluded from the definition of ‘permanent resident’ in the Australian Citizenship Act 2007, and the definition of ‘Australian resident’ in the Social Security Act 1991, as a result of legislative changes that applied as of the 26^th of February 2001.

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 a media release dated the 26^th of February 2001, Philip Ruddock, Minister for Immigration and Multicultural Affairs welcomed these changes by announcing that:

"The new arrangements have been introduced with the express purpose of implementing the new social security agreement and apply to all New Zealand citizens, regardless of place of birth”

The Australian Parliament passed these changes on this basis. However, the current Australian Government now acknowledges that these legislative changes were unilaterally implemented by the Howard Government outside of any treaty with New Zealand.

Such unequal treatment based on nationality is classed as ‘race discrimination’ under Australian State & Territory laws. It is also considered unlawful discrimination under international law. However, it is perfectly legal under Australian Federal law.

Remedy Sought:

Australia has a duty to comply with its legal obligations under international law concerning the treatment of New Zealand nationals permanently residing within its territories – Specifically, all residents, regardless of nationality, are entitled to equality before the law and should be subject to the same reasonable waiting periods concerning access to citizenship and eligibility for social security and other social services.

This would put Australia in line with its legal obligations under the following articles of international law:

Article 9 - International Covenant on Economic, Social and Cultural Rights (ratified by Australia – i.e.: legally binding) 

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

Article 16: International Covenant on Civil and Political Rights (ratified by Australia – i.e.: legally binding) 

Everyone shall have the right to recognition everywhere as a person before the law. 

Article 26: International Covenant on Civil and Political Rights (ratified by Australia – i.e.: legally binding)

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 

- as described by the Committee on Economic, Social ,and Cultural rights in [37] of General Comment 19, The Right To Social Security E/C.12/GC/19:

37. Non-nationals should be able to access non-contributory schemes for income support, affordable access to health care and family support. Any restrictions, including a qualification period, must be proportionate and reasonable.

·         2005: Amendments to the Higher Education Funding Act removed eligibility for student loans from non-citizens. Non-protected New Zealanders are ineligible for citizenship and therefore have no possibility of obtaining a student loan. In addition, non-citizens must pay 20% more for higher education than an Australian citizen (this is a blatant breach of international law and would be illegal under the NZ Human Rights Act. Again, passed by the Australian Parliament without any mention of it in the explanatory memorandum).
·         2007: Access to public housing in the states of WA, Victoria and Queensland removed from non-protected New Zealanders.
·         2007: Funding for disability support services removed from non-protected New Zealanders in Queensland.
·         2008: Victorian Department of Transport removes eligibility for student concessional travel from all New Zealanders unless we hold a permanent visa. Complaint of race discrimination and violation of Charter rights recently lodged to the Director of Public Transport.
·         2008: Victoria removes TAFE funding from New Zealand Citizens. Complaint of race discrimination lodged with the Victorian Human Rights and Equal Opportunity Commission (VHREOC). NZ High Commissioner becomes involved. TAFE funding restored to New Zealand citizens, but no admission that it was discriminatory.·         2009: Victorian Metropolitan Fire Brigade (MFB) refuse to offer permanent employment to ‘non-protected’ New Zealanders. Complaint of race discrimination lodged with VHREOC. MFB reverses policy and publicly apologises for race discrimination.
·         2009: Certain ACE Insurance policies exclude ‘non-protected’ SCV holders from eligibility for cover. Complaint of race discrimination accepted by NSW Anti-Discrimination Board and referred to the Equal Opportunity Division of the Administrative Decisions Tribunal. ACE Insurance denies race discrimination but announced during the hearing that it was changing its policy wordings to include all resident New Zealand citizens. The Tribunal decision is currently pending.
·         2010: Fire and Emergency Services of Western Australia advertise same conditions as MFB. Policy immediately reversed upon complaint to the HR manager.
·         2010: Qld Department of Health treated New Zealand citizens with  Qld University Medical qualifications less favourably than Australian citizens concerning internship applications. Complaint of race discrimination accepted by Qld Anti-Discrimination Commission. Qld Department of Health changes policy to treat New Zealanders the same as Australians.
·         2010: Victoria Police introduces employment  policy that excludes ‘non-protected’ SCV holders. Complaint of race discrimination lodged with VHREOC. 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 New Zealand citizens unless we hold a permanent visa. Complaint of race discrimination accepted by the WA Equal Opportunity Commission. Department of Health reverses decision.