Canberra, February 1973
Confidential
Grant of Australian Citizenship
In line with the Government’s overriding objective of removing all divisions and discrimination within the Community, I propose that all the conditions and procedures to be met by people seeking to become Australian citizens should be exactly the same–whether the applicants are British or not and whether Europeans or non-European by descent.
2. The present Citizenship Act enables the Minister to grant Australian citizenship (by ‘registration’) to citizens of other Commonwealth countries and South African, Pakistan and Irish citizens, after only twelve months residence. Other people may be granted citizenship (by ‘naturalisation’) after three years if they can read and write English proficiently, or after five years if they can speak English and understand it when spoken. These qualifying periods for ‘naturalisation’ are shortened in various circumstances such as prior residence in another Commonwealth country, service abroad with the Australian Government, service in the Forces, minors, or marriage to an Australian.
3. In the 1969 revision of the Citizenship Act, it was made possible for citizens of Commonwealth countries, who have lived here for over five years, to become Australian citizens as of right by lodging a simple ‘notification’ form with the Department.
4. Another important difference is that the process of ‘naturalisation’ entails appearance at a citizenship ceremony. The Certificate of Citizenship takes effect only after an oath of allegiance is sworn (see Appendix ‘A’) .. On the other hand, Australian citizenship is conferred upon citizens of Commonwealth countries as soon as Certificates are issued. There is no ceremony and no Oath.
5. The Citizenship Act makes no reference to racial origin; but the previous Government’s policy was that non-European people admitted since 1966 on the basis of qualifications should not be granted citizenship until they completed five years residence; that is, although a European from a Commonwealth country could become an Australian citizen after twelve months residence, a non-European from the same country could not.
6. My proposals are that:
(i) the existing provisions of the Act concerning grant of citizenship by ‘registration’, ‘naturalisation’, and ‘notification’ be abolished;
(ii) instead there should be provision for the Minister to grant citizenship on conditions applying equally to all;
(iii) the period of residence (or service abroad with Australian Government) should be three years for all but with continuance of existing special provision for service in the Forces, minors, marriage to Australians and former Australians;
(iv) applicants should be able to speak English and understand it when spoken; and should understand the responsibilities and privileges of citizenship; but with exemptions (as at present) for the elderly and the handicapped;
(v) existing requirements of the Act as to mental capacity, good character and intention to continue to reside in Australia should continue;
(vi) it should still be provided as at present, that ‘the Minister may grant or refuse an application made to him without assigning any reason’ so that citizenship can be withheld (without disclosure of confidential reports by Commonwealth Police and A.S.I.O.) from criminals and extremists, or from persons regarded as serious security risks;
Note
(a) I assume the Government will be pursuing separately the general question of a system of appeals against discretionary decisions of Ministers and Departments; there should be opportunity of appeal against refusals of citizenship (possibly in camera, in relation to confidential reports). Meanwhile I am reviewing all previous refusals and have revised decisions based merely on membership of the Communist Party.
(b) The Director-General of Security does not regard conferment of citizenship upon members of the Communist Party as creating security risks and they will in future not be debarred from citizenship.
(vii) all persons over 17 years of age including citizens of Commonwealth countries who are granted Certificates of Citizenship should have to take an Oath (or make an affirmation) and the Oath should be taken as at present at a public ceremony. I sought and received the views of the Committee on Citizenship of the Immigration Advisory Council on the form of the Oath. Appendix ‘B’ describes the oath (and affirmation) which I consider appropriate;
(viii) concurrently with above amendments l would propose also to remove South Africa and Pakistan from the list of countries whose citizens have the status of British subjects under Section 7 of the Citizenship Act. Since these countries have ceased to be members of the Commonwealth of Nations, these citizens should no longer be regarded under our Citizenship Legislation as having British Subject status. They will however be able to seek Australian citizenship on exactly the same conditions as all other settlers.
7. I do not overlook that many conservatives will criticise some of these changes especially in relation to the ending of what have seemed to be the privileged procedures that have been applicable to British migrants. Some will try to portray this as antagonism towards Britain. The announcement of the changes will, however, make plain the true objectives stated at the beginning of the submission. It is also intended to show that British migrants have been misled into believing they are automatically citizens when this has not applied since 1948 and it will come as a shock to many active in political and public life that they can be candidates for deportation. It is to ensure their real equality and real privileges that I move in this way.
8. I recommend to Cabinet that I be authorised to introduce a Bill to amend the Citizenship Act in the manner specified above.
APPENDIX ‘A’: OATH OR AFFIRMATION OF ALLEGIANCE AT PRESENT
TAKEN BY NON-BRITISH PEOPLE OVER 16 YEARS OF AGE
Oath of Allegiance
I, A.B., renouncing all other allegiance, swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.
Affirmation of Allegiance
I, A.B., renouncing all other allegiance, solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her heirs and successors according to law, and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.
APPENDIX ‘B’: OATH OR AFFIRMATION OF ALLEGIANCE TO BE TAKEN
BY ALL PERSONS OVER 16 YEARS OF AGE
Oath of Allegiance
I, A.B., swear by Almighty God that I will faithfully support and defend the Constitution of Australia as by law established and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.
Affirmation of Allegiance
I, A.B., solemnly and sincerely promise and declare that I will faithfully support and defend the Constitution of Australia as by law established and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.1
1 In approving these recommendations (decision no. 183) on 13 February 1973, Cabinet modified the opening of the Oath of Allegiance to read: ‘I, A.B., swear by Almighty God that I will faithfully uphold the Constitution of Australia … ’, and made corresponding amendments to the Affirmation of Allegiance. When the Bill reached the Senate, the Oath of Allegiance was amended to reinstate the renunciation of other allegiances and the reference to the Queen in the following form: ‘I, A.B., renouncing all other allegiances, swear by Almighty God that I will be faithful and bear true allegiance to the Queen of Australia, Her heirs and successors according to the law …’ Cabinet approved the reinstatement of the reference to the Queen but ordered that the renunciation provisions, inserted by the Senate, should be deleted in the House of Representatives (NAA: A5931, CL147, Cabinet minute without submission, decision no. 1110, Australian Citizenship Bill, 1973).
The wording of the Oath of Allegiance in the 1973 Act reverted substantially to the Senate amendments. It read: ‘I, A.B., renouncing all other allegiance, swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Elizabeth the Second, Queen of Australia, Her heirs and successors according to law, and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.’
In 1986 the wording was changed to: ‘I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Elizabeth the Second, Queen of Australia, Her heirs and successors according to law, and that I will faithfully observe the laws of Australia and fulfil my duties as an Australian citizen.’
In 1994 the oath was replaced with a Pledge of Commitment to Australia:
‘From this time forward, under God,
I pledge my loyalty to Australia and its people,
whose democratic beliefs I share,
whose rights and liberties I respect, and
whose laws I will uphold and obey.’
A second version of the Pledge of Commitment omits the words ‘under God’, and people are asked to choose between these two versions.
[NAA: A5915, 102]