Canberra, 18 October 1968
Confidential
Revision of Nationality and Citizenship Act
It is 20 years since the Nationality and Citizenship Act was passed. There have been eight amending Acts since then. These were concerned with specific matters requiring attention and none represented a comprehensive revision. This is now necessary.
2. I describe below the principal matters requiring consideration. The appendix1 lists some other proposed amendments of less significance.
3. A separate submission has already dealt with the status of South African and Irish citizens.
Means of Giving Primacy to the Status of Australian Citizen
4. Prior to the introduction of ‘citizenship’ legislation in Commonwealth countries during the later 1940’s, the only national status possessed by the peoples of those countries was that of ‘British subject’. The scheme of citizenship legislation drawn up in 1947 at a Conference in London contemplated that each Commonwealth country would define its own citizens; and declare them, and the citizens of other Commonwealth countries, to have an additional common status. Our Nationality and Citizenship Act 1948 declares the citizens of Commonwealth countries to be ‘British subjects’. The legislation of the other ‘old’ Commonwealth provided for the use of either this term, or ‘Commonwealth citizen’, to describe the common status. The ‘newer’ countries have generally used the term ‘Commonwealth citizen’ only, but it was decided that our legislation could not use that term without some possibility of confusion, Australia being herself a Commonwealth.
5. As time has gone on the term ‘British subject’ has become more and more apt to be misunderstood, particularly:–
- because the word ‘British’ is now used by the United Kingdom authorities as well as most other people, to signify matters pertaining to the United Kingdom only;
- because our many migrants from non-British countries find difficulty with the fact that naturalisation in Australia results in their becoming not only Australian citizens, as they wish to do, but ‘British subjects’ as well.
On the other hand:
- the status of British subjects would be prized still by a good many Australians;
- the law of the Commonwealth and States (e.g., electoral laws) still use the term in prescribing national status as a qualification for various rights and duties.
6. In my view it would be desirable, progressively and by whatever means is reasonably possible, to give primacy to the status of Australian citizen and so far as the Act now in question is concerned, I make the following recommendations :–
(i) that the title of the Act be amended to ‘Australian Citizenship Act’;
(ii) that a Section be inserted to the effect that, whenever Australians are required to state their national status, it will be sufficient to state ‘Australian citizen’; to complement this it will be necessary to provide also that a reference in any other Commonwealth legislation to ‘British subject’ shall be deemed to be a reference to ‘Australian citizen or British subject’; and to suggest to the State Governments that similar provision be made in State legislation referring to ‘British subjects’.
The Status in Australian Law of the Citizens of Commonwealth Countries Generally
7. At present, Section 7 of the Act provides that a person who is a citizen of a Commonwealth country ‘shall by virtue of that citizenship … be a British subject’.
8. Reference has been made above to the misunderstandings arising from Australian citizens being British subjects. It is even less appropriate that citizens of the newer Commonwealth countries—some of them Republics—should be cleared to ‘be’ British subjects.
9. It would fit the facts better, and accord with the laws of other Commonwealth countries, if the Act were amended to provide that a citizen of a Commonwealth country (including an Australian citizen) ‘ shall have the status of’ a British subject; and I so recommend.
10. It will be necessary at the drafting stage to take account of the provisions of other laws which refer to persons who are British subjects so as to avoid loss of rights and duties by individuals (especially British migrants) through the amendment now in question.
Means by which Citizens of Other Commonwealth Countries may Become Australian Citizens
11. People from other Commonwealth countries who have settled in Australia since 1944 do not become Australian citizens unless they apply for a ‘Certificate of Registration as an Australian Citizen’. This may be granted if the applicant has lived here for a year or more, is of good character and is not adversely recorded from a security viewpoint. The processing of applications usually takes a few weeks.
12. As our laws stand at present, British migrants have nothing material to gain from becoming Australian citizens, as they already have the right to vote, to be appointed or elected to public office, to practice in all the professions, etc. After five years crime-free residence they pass beyond the deportation provisions of the Migration Act. As a result only some 30,000 British people have become citizens by registration since 1949, while some 800,000 have not applied.
13. After being in Australia for long periods, many naturally think of themselves as Australian citizens; and when they wish to travel abroad, they are very surprised and hurt to find they cannot obtain Australian passports. Often they do not have time, before travelling, to obtain Certificates of Registration; and in my view they should have an extremely simple and quick way of becoming citizens.
14. I recommend that settlers from other Commonwealth countries who have lived in Australia for five years (without having committed any crime for which they could be deported) should be able to become Australian citizens as of right, by a simple notification to my Department of their wish to become citizens—this to become effective from the date of the notification, which would be duly recorded. It would be a provision that any such notification shall have no effect if the person is liable to deportation through having been convicted of a crime committed within five years after entry to Australia.
Easing of Requirements for Citizenship for Elderly and Handicapped Persons
15. Quite frequently cases arise where the existing provisions of the Act prevent my granting citizenship in deserving cases.
16. I recommend that Sections 12 and 15 of the Act be amended so as to enable the Minister:–
(a) to exempt, from the need to demonstrate an adequate knowledge of English and of the responsibilities and privileges of citizenship’persons over 60 years of age, and persons suffering from severe disability in hearing, speech or sight,
(b) to exempt, from the need to be of sound mind’any person (of whatever age) whose father or mother is (or was at the time of death) an Australian citizen.
Question of Reduction of the Residence Requirement for Naturalisation
17. A substantial number of members of Parliament, in both the Government and Opposition Parties, has advocated reduction of the formal residence requirement for naturalisation from five years to three years.
18. The Immigration Advisory Council has recommended against such a reduction.
19. The Act at present empowers me to waive or reduce considerably the residence requirements for minors, the spouses of Australian citizens, members of the Forces, former Australians, and persons who have lived in other Commonwealth countries or served in their Forces.
20. Cases are continually arising where non-British migrants are suffering disadvantage in their employment through not being naturalised. In particular, a good many people working in the Public Services cannot be given permanent appointments and in consequence miss opportunities of advancement. These are usually people:–
(a) who have an excellent command of English, written as well as spoken; and
(b) who exhibit all the other indications of having become integrated into the community.
21. I can see no good reason to delay the grant of citizenship to such persons. Yet I consider there are insufficient grounds for a general reduction of the qualifying period of five years, which:–
- is generally in line with the laws of other countries;
- is consonant with provisions of the Migration Act relating to deportation (for crimes committed within five years after entry);
- does not impose hardship as a general rule (indeed the majority of aliens do not apply for citizenship until they have been here for eight years or more).
22. I recommend that the Act be amended to empower me to grant citizenship after three years residence to persons who satisfy me that they:–
can read and write English proficiently (as well as being able to speak and understand it, as is normally required); and
are in other respects well-qualified for Australian citizenship.
Question of Tribunal to Hear Appeals Against Refusals of Citizenship
23. It is now usual for members of the Opposition when debating any Bill to amend the Nationality and Citizenship Act, to advocate that persons refused citizenship (especially on security grounds) should be able to appeal to an independent tribunal.
24. Practically all refusals on security grounds are based on long-standing policy (confirmed by the Cabinet in 1956) that citizenship should not be granted to active Communists. Ministers have of course relied upon the reports of the Director-General of Security; and these could not be made available to any independent tribunal. My conclusion is that it would not be practicable to provide an effective form of appeal and that the existing situation should remain whereby ‘the Minister may grant or refuse an application without assigning any reason’ (Section 40, Nationality and Citizenship Act). I so recommend.
25. I submit for the approval of Cabinet the recommendations contained in Paragraphs 6, 9, 14, 16, 22 and 24 above, and in the Appendix to this submission.2
1 Appendix not published.
2 Cabinet approved these recommendations (decision no. 594) on 8 October 1968.
[NAA: A5868 VOLUME 14]