Ministerial Role

With the re-election of the Gillard Labor Government, Chris was sworn-in as the Minister for Immigration and Citizenship on Tuesday 14 September 2010. The following provides a summary of Federal Labor's recent reforms.

Overview

Australia is one of the world's most successful migrant nations and Federal Labor believes there is strength in our diversity.

The Gillard Labor Government has ensured that all those who settle in our nation have the opportunity to participate in our democracy and understand the responsibilities of citizenship.

In our first term we implemented a sweeping reform agenda in the immigration portfolio which has refocussed our migration program on meeting the national interest and building a stronger Australia.

To ensure the migration program delivers real benefits to the nation, we have reformed the skilled and temporary migration programs to deliver the skilled workers our economy needs.

We continue to invest in strong border security and biometrics technology to maintain the integrity of our immigration system.

We will continue to offer protection to those found to be refugees and ensure that those who are found not to be in need of our protection are returned to their homelands. We are committed to the development of a regional protection framework, including the establishment of a regional processing centre, to wreck the business of people smugglers.

Federal Labor's changes to the culture of immigration detention will be maintained - people will continue to be treated decently while in detention and children will not be held behind razor wire.

A record of reform

Skilled workers for Australia

Federal Labor has implemented the most significant reform of Australia's skilled migration program ever undertaken.

The program has been overhauled and reshaped in a deliberate strategy to target the skilled workers our economy needs.

In February 2010, Federal Labor abolished the Migration Occupation in Demand List and in July 2010 introduced a new Skilled Occupation List (SOL).

We implemented new priority processing arrangements to provide employers with rapid access to the skilled workers they need to support our economy.

The SOL, developed by the independent body Skills Australia, identified the skills Australia needs in the medium to long term. Employer-sponsored migration is now given priority and employers are able to target skilled workers.

No longer are highly skilled professionals, including doctors, nurses and mining engineers, left waiting behind thousands of low skilled workers to gain entry to Australia.

The progressive introduction of State Migration Plans from 1 July 2010 will enable State and Territory Governments to sponsor skilled people to meet their economic needs, while employers are able to directly target the skilled workers they need through the employer sponsorship scheme.

Federal Labor has also tightened requirements for permanent trades level skilled migrants, ensuring that our permanent skilled migration program is targeted at the skills the Australian economy needs.

Driving down Net Overseas Migration

The Gillard Labor Government believes in a sustainable Australia, not a 'big Australia'.

Prime Minister Julia Gillard has indicated her vision for a sustainable population - one that supports our environment and our renewable resources and that is in turn supported by proper resources and infrastructure.

We need to make sure our population grows in areas where demand for work is increasing so hard working Australians can benefit from our strong and growing economy.

But we also want to avoid overcrowding in the cities and in parts of our country where there aren't sufficient jobs or services.

The policies of the former Coalition Government resulted in a huge influx of temporary residents by opening up pathways for individuals -particularly students-to remain in Australia permanently.

When Labor came to Government the number of people granted temporary visas to Australia had exploded, driving up the Net Overseas Migration (NOM) and population growth. NOM more than doubled from 146,800 persons in 2005-2006 to a preliminary NOM estimate of 298,900 persons in 2008-2009 as a result of the Coalition's policies.

Federal Labor seized control of the skilled migration program and regulated education providers to ensure overseas students received a quality education.

We introduced measures to ensure those who come to Australia to study are genuine students who have adequate finances to support themselves.

Federal Labor regulated the 457 program to ensure that lower skilled workers with limited English were no longer exploited by unscrupulous employers.

We ensured the wages and conditions of Australian workers were no longer undermined and we invested in training Australian workers to meet the skilled vacancies.

In order to improve the 457 visa system Labor implemented a range of integrity measures including:

- stronger inspection powers

- new civil penalties for sponsors who breach their obligations

- skills testing for trade applicants and

- enhanced English language requirements for applicants.

We introduced a new market salary rates system that ensures Subclass 457 visa holders receive the same terms and conditions as Australian workers and we implemented a stronger sanctions regime, including civil penalties for sponsors who fail to satisfy their sponsorship obligations.

The payment of market salary rates ensures overseas workers are protected from exploitation and Australian wages and conditions are not undercut. New sponsorship obligations, which came into effect last September, provide greater clarity on sponsorship requirements for employers bringing in overseas workers.

The reforms improve the integrity of the program and ensure the Government continues to provide industry with the skills it needs while investing in local training and employment opportunities for Australians.

Federal Labor's reform agenda has reshaped the migration program, ended the rorts and the net overseas migration rate is predicted to fall dramatically.

The latest immigration statistics, backed by recent Australian Bureau of Statistics data, confirm that Australia's NOM level is already on track to drop to between 230,000 and 250,000 people by the end of the 2009-2010 financial year.

In September 2009, the Federal Government announced the development of a long-term immigration planning framework to ensure Australia achieves a sustainable level of NOM. The framework encompasses research from academics, including input from a cross-disciplinary team from Flinders University to examine the issue of sustainability in relation to natural resources and infrastructure over the period to 2050.

Strong border protection

The Gillard Labor Government is committed to strong border protection and an orderly migration program.

That's why we have maintained the excision of offshore islands, an offshore processing regime and mandatory detention of irregular maritime arrivals for stringent health, security and identity checks.

Australia's borders are well managed and they are secure. Under Federal Labor, only one boat has arrived on the Australian mainland. Under the former Coalition Government, 19 boats reached the mainland undetected, at locations across the country including near Broome, Cairns, Port Hedland and as far south as Port Kembla, NSW.

Federal Labor established the Australian Customs and Border Protection Service to provide a single point of accountability for the 15 government agencies directly and indirectly involved in maritime border security and to ensure all agencies are coordinated to respond to the full range of border threats.

These new arrangements have worked effectively, with better coordination between agencies now guided by Australia's first comprehensive Strategic Border Management Plan. This plan ensures border security agencies operate as a coherent whole, working towards joint rather than individual agency priorities.

Federal Labor has invested more than any previous government in protecting our borders and detecting unauthorised boats. Over the last two budgets, we have invested more than $1.8 billion towards stronger border and aviation security, and combating people smuggling.

As part of this investment, Federal Labor has committed to the purchase of eight new patrol vessels with greater range and improved surveillance and response capability. The new Cape Class vessels will be larger, more robust and have a greater surveillance and patrolling range, compared to the Bay class vessels that they will replace. The procurement process for the new vessels is well underway.

Federal Labor has also:

- Increased investigator and intelligence resources in the AFP People Smuggling Strike Team to 91 AFP officers and employees.

- Funded Customs and Border Protection and the AFP to work with their law enforcement counterparts in countries including Indonesia, Pakistan, Malaysia and Sri Lanka.

- Provided $24.8 million to help our regional law enforcement partners stop the business of people smuggling, including extra patrol boats, surveillance aircraft and communications equipment for the Indonesian National Police to detect and disrupt people smuggling ventures in Indonesian waters.

Under Federal Labor, more than 200 people have been arrested and prosecuted in Australia in connection with people smuggling ventures - in addition to more than 100 arrests in other countries in the region. In cooperation with their regional counterparts, Australian agencies have disrupted more than 200 people smuggling ventures, with more than 5,000 foreign nationals prevented from coming to our shores.

In May 2010, Federal Labor introduced tough new people smuggling offences. They included penalties of up to 20 years imprisonment and mandatory minimum terms of up to eight years. We legislated to give ASIO enhanced powers to investigate people smuggling and other serious border security threats and to collect foreign intelligence about people smugglers and their networks. We have also cracked down on remittance dealers being used to finance people smuggling.

Federal Labor has successfully stepped up Australia's regional cooperation efforts. On coming to Government, we re-energised the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, which Australia co-chairs with Indonesia. The Bali Process remains the only grouping in our region which comprehensively addresses the challenges of people smuggling and human trafficking.

We are working with countries in the region to put in place strong people smuggling laws, and welcome moves in several countries to criminalise people smuggling. The Malaysian Senate recently passed new laws that will help Malaysia's law enforcement agencies to build on the success they are already having in stopping people smugglers. The Indonesian Parliament is now considering a draft Immigration Bill.

Federal Labor has committed to working towards a regional protection framework, to effectively address irregular migration in the region. The framework involves the development of a comprehensive approach to the management of irregular migration through cooperation with countries of transit, destination and origin as well as relevant UN agencies and international organisations. An important element of the framework will be the establishment of a regional processing centre which will deliver protection to refugees and at the same time remove both the profitability of the people smuggling trade and the danger of maritime voyages to Australia, wrecking the people smugglers' business model.

Investment in biometrics to detect fraudulent identity and immigration claims

Biometrics screening is proving critical in maintaining the integrity of our migration program and strengthening Australia's border security.

Federal Labor invested in biometrics to identify people with known criminal histories, detect fraudulent identity claims and identify those who are ineligible to lodge immigration applications.

Biometrics initiatives have included:

- Investing $69 million to roll out overseas biometrics checks for visa applications being processed in 10 countries. This will enable us to match biometric data to information held in Australian and international databases about terrorists, criminals and other people of concern.

- Building on the successful roll-out of biometrics collection of fingerprints and facial images from immigration detainees - including irregular maritime arrivals on Christmas Island - and illegal foreign fishers, the Labor Government in 2009 announced that biometrics from onshore Protection visa applicants would be collected.

- Through the Five Countries Conference Biometrics Working Group, the Australian Government has shared more than 60,000 sets of finger scans with its international partners during the past 12 months, with demonstrated benefits in pursuing a program on international exchange of biometric data.

In September 2008, the Australian Government established the Security Referral Service (SRS), a unique system that allows ASIO to examine and analyse visa applicants to manage potential security risks to Australia and Australian interests. As part of the Aviation Security package of measures announced in February 2010, the Labor Government has invested some $11.4 million for the Next Generation Border Security (NGBS) initiative, which will use advanced data analysis and risk profiling to better identify visa applicants who may present national security risks.

Restoring integrity to Australia's immigration system

For the Australian people to have confidence and trust in the integrity of our migration system, it must be built on rigorous procedures and processes which protect our national interest and our national borders while also treating individuals with fairness, dignity and humanity.

The immigration system operated by the former Coalition Government lacked integrity; Federal Labor has acted to restore that integrity.

New body to regulate migration agents

Following a review of migration agents, the Government established the Office of the Migration Agents Registration Authority on 1 July 2009 to regulate the activities of the Australian migration advice profession and provide consumer protection to clients of migration agents. The new MARA is supported by an advisory board which includes a nominee from the Migration Institute of Australia, a nominee from the Law Council of Australia, a consumer representative and a community representative.

Tribunal reforms to improve integrity and transparency

Federal Labor implemented a transparent, merit-based recruitment process for Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) Members. The RRT and MRT have doubled the number of decisions they publish online - with some 40 per cent of all decisions made by the Tribunals now publicly available. The RRT has also published its country of origin research to provide greater transparency in its decision making.

Ministerial intervention reforms

The Gillard Labor Government has reformed Ministerial intervention arrangements to introduce greater integrity and transparency. Changes have been made to allow more cases to be resolved through normal visa and administrative processes rather than Ministerial intervention. Independent tribunals have been encouraged to play a greater role in referring cases to the Minister, greater emphasis has been placed on first requests for intervention so that resolution of cases is not delayed by unmeritorious repeat requests, and more information about Ministerial intervention processes has been made publicly available.

Improvements in visa refusal and cancellation arrangements

The Gillard Labor Government takes very seriously its role in protecting the Australian community from harm caused by non-citizens who want to come to Australia, or who might already be here. On taking office, Federal Labor initiated a process to review section 501 visa refusal and cancellation arrangements to ensure the delivery of a lawful, consistent and reasonable approach to section 501 decision-making that reflects community expectations.

As part of this review, a new Ministerial Direction was introduced on 15 July 2009 to strengthen the protection afforded to the Australian community, and to ensure that all relevant factors are given proper weight in section 501 decisions.

These policy reforms have been accompanied by ongoing administrative reforms within the portfolio, such as the appointment of a Principal Assessor, who is responsible for making most section 501 decisions. Our approach has driven significant improvements to the transparency, consistency and rigour of section 501 decisions.

A robust compliance regime

With a compliance rate of 99 per cent Australia enjoys one of the most effective and compliant immigration systems in the western world.

The Gillard Labor Government has run a strong compliance regime. Targeted field operations across Australia net thousands of overstayers and illegal workers each year and joint investigations with agencies such as the Australian Federal Police and the Workplace Ombudsman ensure the integrity of Australia's migration system is maintained.

The Gillard Government has commissioned a review of the penalties applied to employers who use illegal workers. The review will examine:

- The effectiveness of the legislative offences and current penalties;

- The effectiveness of current systems and operations to assist employers to comply with their obligations;

- The effect of the employer sanctions provisions on business; and

- The level of community understanding and acceptance of the need for an employer sanctions regime.

Improved support for trafficking victims

In June 2009 the Government announced changes to the Support for Victims of People Trafficking Program and the People Trafficking Visa Framework to recognise the particular vulnerabilities of victims of trafficking and provide a more flexible framework to support victims and their families. Our reforms to the People Trafficking Visa Framework give victims and their immediate family members greater certainty about their immigration status.

Humanitarian Program reformed and increased

The Gillard Government implemented significant reforms to asylum seeker and refugee policy. We abolished the unjust Temporary Protection Visa regime, introduced fairer work rights arrangements for asylum seekers in the community and twice increased the size of Australia's Humanitarian Program.

Fairer arrangements have also been introduced for asylum seekers detained on Christmas Island including independent review of decisions, access to migration advice, and oversight by the Immigration Ombudsman - addressing key concerns about the former Coalition Government's offshore processing regime.

We introduced complementary protection legislation that would allow all claims that may engage Australia's non-refoulement obligations under the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights of the Child to be considered under a single Protection visa application process.

A new detention culture

The Gillard Labor Government abolished the ineffective system of imposing charges on immigration detainees and adopted a new risk-based approach to immigration detention to ensure detention policy reflects the values of Australia's democracy.

In July 2009 the Government introduced seven key immigration detention values which have fundamentally changed the culture of immigration detention. In accordance with these values, children are no longer accommodated in immigration detention centres, the incidence of long-term detention has been reduced by 75 per cent, and people in immigration detention are treated decently.

Federal Labor invested in neglected detention infrastructure to ensure detention facilities meet appropriate standards. In the 2009-2010 Budget the Government provided $186.3 million for the overdue redevelopment of the Villawood Immigration Detention Centre in Sydney. This investment followed immediate interim works undertaken since 2008 to address outstanding accommodation and security concerns after the former Coalition Government repeatedly postponed this important infrastructure upgrade.

Focus on timely resolution of immigration status

In the 2009-2010 Budget Federal Labor announced funding to actively, efficiently and effectively manage clients in the community to an immigration outcome through early intervention. Previously, clients with an unresolved immigration status were either left unmanaged and unsupported in the community, or were detained for lengthy periods at high cost and high risk.

These initiatives built on the successful Community Care Pilot and the Community Status Resolution Trial introduced by the former Coalition Government. Measures included:

- Establishing a national Community Assistance Support (CAS) Program to support highly vulnerable people, including children, who have complex needs and require additional support.

- Providing an assisted voluntary return service to facilitate a client's departure from the community without the need to detain first.

- Boosting funding to the Immigration Advice and Application Assistance Scheme to provide immigration advice to vulnerable clients.

Reflecting this emphasis on status resolution, the Government in 2009 established the Council for Immigration Services and Status Resolution (CISSR) to provide independent advice to the Minister on the development of policies, processes, services and programs to promote the timely, fair and effective resolution of immigration status for people seeking asylum or other migration outcomes in Australia.

Celebrating Australia's diversity, supporting an Inclusive Australia

Australia is one of the most successful migrant nations in the world. Since 1945 nearly seven million migrants have successfully settled in Australia.

There is strength in our diversity and Federal Labor believes our diversity should be celebrated. Our national unity is based on mutual respect, adherence to our laws, shared values and a commitment to work together to build a stronger Australia. A multicultural Australia continues to be instrumental to Australia's economic and social prospects.

Australian Multicultural Advisory Council

Federal Labor established the Australian Multicultural Advisory Council (AMAC) in December 2008 to provide advice on social cohesion issues and on communicating the benefits of cultural diversity. On 30 April 2010, AMAC presented its advice and recommendations on multicultural policy in a statement, The People of Australia. The statement is currently being considered by Government.

Diversity and Social Cohesion Program

The Gillard Labor Government's Diversity and Social Cohesion Program (DSCP) is a major component of Labor's approach to cultural diversity. The DSCP articulates the values of:

- Australians respecting one another regardless of cultural, racial or religious differences;

- The fair treatment of all Australians;

- Opportunities for people to participate equitably in Australian society and to understand the rights and responsibilities that we share as part of that society;

- A sense of belonging for everyone by helping communities work towards a spirit of inclusiveness; and

- A shared identity as Australians and the benefits of living in a culturally diverse society.

Harmony Day, on March 21 each year, is a key element of the program, and celebrates the cohesive and inclusive nature of our nation and promotes the benefits of cultural diversity.

Supporting new migrants settling in Australia

Federal Labor supports the provision of appropriate settlement support and services to assist new arrivals in their transition to Australian society.

Federal Labor is committed to ensuring services are culturally responsive and universally accessible to all new migrants regardless of their circumstances and background.

The Government has strengthened programs to provide Australian workplace experience and promote employment pathways to support new migrants to move quickly into the workforce.

Settlement Council of Australia

The Gillard Labor Government has provided funding to establish the first Settlement Council of Australia (SCOA), a national peak body representing migrant and refugee settlement agencies across Australia, to help improve settlement outcomes for new arrivals.

Settlement Grants

The Settlement Grants Program (SGP) funds services to help migrants become self reliant and participate equitably in Australian society. Federal Labor has committed $35.8 million in the 2010-2011 financial year to help refugees and migrants settle into, and participate, in their new communities. This investment will fund a total of 226 projects which will assist new migrants to become involved in sport and education programs and provide practical assistance in the form of information sessions, referral services and driver education.

Adult Migrant English Program

Federal Labor believes English language tuition is an essential settlement service - critical to the achievement of full social and economic participation.

Labor in Government has strengthened the attendance requirements for migrant English classes.

Labor has also made a series of changes to ensure English language programs are about becoming job ready as quickly as possible. In the 2008-09 Budget Federal Labor provided an additional $49.2 million over four years to introduce work-experience programs for migrants learning English. The Government has also introduced flexibility into the migrant English language curriculum to allow students to learn about civics and basic workplace English.

Translating and Interpreting Service (TIS) National

Federal Labor has continued to support the Translating and Interpreting Service (TIS) National interpreting service provided by the Department of Immigration and Citizenship. Federal Labor has extended free interpreting services to cover pharmacies so non-English speaking Australians can be informed of the proper usage of prescription medicines. The Government has also introduced a national pilot scheme for the extension of free interpreting to real-estate services.

Humanitarian Settlement Services

Federal Labor views successful settlement as a key objective of the Refugee Humanitarian Program. We are committed to ensuring that refugees settling in Australia have the support and help they need to rebuild their lives and become fully functioning members of the Australian community as soon as possible.

Following an extensive national consultation process, the Government has made a series of improvements to the delivery of humanitarian settlement services. Federal Labor has strengthened the initial support to refugee families by tailoring case management to individual needs and developing and cultivating a path to education and employment. Federal Labor is also rolling out a new orientation program to inform refugees about Australian laws, voting, finances and budgeting and health and nutrition. The Government is working with youth services to improve the support we give to young refugees including access to sports and clubs.

The Gillard Labor Government has continued commitments under the former Coalition Government by implementing a complex case support program that delivers specialised and intensive services to address the needs of the most vulnerable refugees. The program ensures vulnerable refugees do not fall through the cracks and assists them to overcome difficulties they face in settling into a new country.

Recognising the significant work of community organisations in reducing social isolation for new migrants and humanitarian entrants, we identified these groups as a priority under the Gillard Labor Government's $21 million Volunteer Grants program. In 2010, 1,224 organisations which assist new migrants or humanitarian entrants received a volunteer grants, making up more than 20 per cent of successful organisations.

A new Citizenship Test

In 2009, the Gillard Labor Government overhauled the citizenship test after an independent review committee of seven eminent Australians found it could be significantly improved by focusing on the pledge of commitment. The pledge encapsulates our democratic beliefs, our rights and our system of law, and what it means to be an Australian citizen.

Instead of being made to answer a general knowledge test, as under the former Coalition Government, prospective citizens are now assessed on their understanding of Australian civics and the responsibilities and privileges of citizenship.

A new citizenship resource book enables all migrants to prepare for the test and ensures they have a clear understanding of their responsibilities and privileges as Australian citizens. The resource book has been translated into 37 languages to assist people to prepare for the test and an audio-DVD on key parts of the citizenship test is being developed to assist people with low literacy levels.

The Government also made legislative changes to ensure that disadvantaged and vulnerable migrants who are unable to complete a written examination are able to access other legitimate pathways to citizenship.

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