Kiwis' rights in Australia: No mention of 501 policy from minister in 'family' lecture

3:23 pm on 18 November 2022
Australian home affairs minister Clare O'Neil, delivering a lecture at Victoria University of Wellington

Australian home affairs minister Clare O'Neil, delivering a lecture at Victoria University of Wellington Photo: RNZ/Giles Dexter

Australia's Home Affairs minister has ignored the elephant in the room - its controversial 501 deportation policy - when speaking about the rights of New Zealanders living in Australia.

Delivering a lecture titled We're Not Just Friends, But Family at Victoria University of Wellington's Centre for Strategic Studies, Clare O'Neil laid out the challenges and opportunities New Zealand and Australia share on cybersecurity, foreign interference and domestic policy.

She admitted the close relationship between the two countries was not reflected in Australia's public policy.

"We just cannot afford to allow issues that have a solution to niggle in this relationship. We're family, we've got to treat each other as such," she said.

Acknowledging New Zealanders living in Australia were treated like "second-class citizens," O'Neil said work was underway to improve their rights.

"Many of them have spent really their whole lives in Australia. They are Australian all but for the fact that they weren't actually born in our country. They consider to be Australia their home, and yet they're excluded from joining the Australian Public Service for example, from getting different types of government benefits."

O'Neil said it was worse for women, who had been unable to access services other Australians can when they have a child.

"It's just unfair, and I think untenable when we want to walk forward with New Zealand in this great partnership in our region," she said.

The Albanese government is working on pathways to citizenship for New Zealanders in Australia, aiming to get a plan over the line by Anzac Day 2023. It's also looking into the voting rights of residents, something New Zealand already allows.

But despite talking about the work Australia was doing to improve New Zealander's rights, O'Neil made no mention of the 501 policy.

Section 501 of the Migration Act allows Australia to send people without citizenship back to their birth country if they fail a character test (usually by committing a crime).

It's become a sore spot in relations between Australia and New Zealand as it's often resulted in people who have spent most of their lives in Australia being sent back to New Zealand, where they have no support or family ties. It's also been blamed for New Zealand's increasing gang tensions.

O'Neil's predecessor in the role, Peter Dutton (now Leader of the Opposition) described the policy as "taking out the trash."

There has been a softening of the rhetoric under prime minister Anthony Albanese, who said in July Australia would use a "common sense" approach based on the "actions of friends."

But in her hour-long lecture and question-and-answer session, O'Neil didn't mention the policy. Media were initially told there would be an opportunity to ask questions afterwards, but upon the conclusion of the lecture, the stand-up was abruptly cancelled.

Foreign interference and cybersecurity

During her lecture, O'Neil also spoke of the the threats Australia is facing in foreign interference and cybersecurity. She said foreign interference and espionage had replaced terrorism ad Australia's principal security concern.

O'Neil is Australia's first dedicated cabinet Minister for Cyber Security, something New Zealand does not have. Cybersecurity matters are split between GCSB minister Andrew Little, and Digital Economy & Communications minister David Clark.

"This threat is huge. And it's only getting bigger," she said.

In the last six weeks, Australia had experienced its two biggest cybersecurity attacks in its history. She said Australians were now becoming much more aware of the threats.

"Kitchen tables now are the location of this discussion about how we protect ourselves, and what type of vulnerabilities we're creating for our countries in the digital age and how we manage them," she said.

O'Neil expressed her hope New Zealand would partner up with Australia to tackle the issue, which affects both countries equally.

While in Wellington, O'Neil also met with government ministers Michael Wood, Meka Whaitiri, and Priyanca Radhakrishnan to discuss strengthening ties.

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