Post by Banjo on Jun 12, 2013 4:34:38 GMT 7
Aus warned about NZ human rights breach
Australia has been warned it is breaching its international human rights treaties by denying expatriate New Zealanders access to its new National Disability Insurance Scheme (NDIS).
A Parliamentary Joint Committee on Human Rights, which examines Bills and Acts before they become law, has produced a report on the exclusion of New Zealanders from the NDIS.
New Zealanders who arrive in Australia after February 26, 2001 are not eligible for the scheme despite being required to pay for it through a special levy.
University of Sydney Human Rights Law specialist, Professor Mary Crock has studied the Parliamentary Committee's findings, which she said warns the Australian government that it is violating its human rights agreements under international law.
"They (the committee) have picked up on the fact that we (Australia) are discriminating against New Zealanders on the basis of their immigration status " Professor Crock said.
The committee is calling for the government to justify why New Zealanders are excluded from the new disability scheme.
*Australia Correspondent Steve Marshall will have in depth coverage of this story on ONE News at 6pm.
Australia's social security laws restrict expat New Zealanders who arrived in Australia from 2001 onwards from accessing certain benefits and services.
New Zealander Angela Bensemann arrived in Australia with her husband in 2007.
She fell pregnant soon after and gave birth to their son Toby in a Sydney hospital after carrying him for just 24 weeks. Toby's premature birth left him with multiple disabilities, however, because his parents are New Zealanders who arrived in Australia after 2001, Toby doesn't qualify for services that the NDIS is designed to provide.
"I feel it is unfair. We pay our taxes and not being able to access any funding help for our own disabled child is, I find, discrimination against New Zealanders" Bensemann said.
Minister's response
Eligibility for the NDIS is aligned with similar Australian government schemes for people with disabilities, which are restricted to Australian citizens or permanent residents.
A long standing trans-Tasman agreement allows Australians and New Zealanders to visit, live and work freely in each others' countries, and as such, Australia classes New Zealanders as temporary residents and not permanent residents.
A spokesperson for the Minister for Disability Reform, Jenny Macklin, told ONE News: "New Zealand citizens who want to access the NDIS have the option of applying for a permanent visa.
"If granted, they would have immediate access to the NDIS, subject to meeting other access requirements."
Children born in Australia to New Zealand parents are not considered permanent residents of the country until they turn 10-years-old.
Bensemann said her husband's Sydney employer has offered to sponsor him for permanent residency.
However, Prof Crock said this pathway would more than likely be blocked by the Australian government.
"They (the Bensemanns) run up against the health rules for Australia and the problem is that the health rules can't be waived and the child's disability becomes an absolute hurdle to getting any form of standard visa in Australia," she said.
The question now is whether the Australian government will be held to account by the international community via United Nations Human Rights Committees if it continues to exclude New Zealanders from accessing its National Disability Insurance Scheme.
tvnz.co.nz/national-news/aus-warned-nz-human-rights-breach-5461788
Australia has been warned it is breaching its international human rights treaties by denying expatriate New Zealanders access to its new National Disability Insurance Scheme (NDIS).
A Parliamentary Joint Committee on Human Rights, which examines Bills and Acts before they become law, has produced a report on the exclusion of New Zealanders from the NDIS.
New Zealanders who arrive in Australia after February 26, 2001 are not eligible for the scheme despite being required to pay for it through a special levy.
University of Sydney Human Rights Law specialist, Professor Mary Crock has studied the Parliamentary Committee's findings, which she said warns the Australian government that it is violating its human rights agreements under international law.
"They (the committee) have picked up on the fact that we (Australia) are discriminating against New Zealanders on the basis of their immigration status " Professor Crock said.
The committee is calling for the government to justify why New Zealanders are excluded from the new disability scheme.
*Australia Correspondent Steve Marshall will have in depth coverage of this story on ONE News at 6pm.
Australia's social security laws restrict expat New Zealanders who arrived in Australia from 2001 onwards from accessing certain benefits and services.
New Zealander Angela Bensemann arrived in Australia with her husband in 2007.
She fell pregnant soon after and gave birth to their son Toby in a Sydney hospital after carrying him for just 24 weeks. Toby's premature birth left him with multiple disabilities, however, because his parents are New Zealanders who arrived in Australia after 2001, Toby doesn't qualify for services that the NDIS is designed to provide.
"I feel it is unfair. We pay our taxes and not being able to access any funding help for our own disabled child is, I find, discrimination against New Zealanders" Bensemann said.
Minister's response
Eligibility for the NDIS is aligned with similar Australian government schemes for people with disabilities, which are restricted to Australian citizens or permanent residents.
A long standing trans-Tasman agreement allows Australians and New Zealanders to visit, live and work freely in each others' countries, and as such, Australia classes New Zealanders as temporary residents and not permanent residents.
A spokesperson for the Minister for Disability Reform, Jenny Macklin, told ONE News: "New Zealand citizens who want to access the NDIS have the option of applying for a permanent visa.
"If granted, they would have immediate access to the NDIS, subject to meeting other access requirements."
Children born in Australia to New Zealand parents are not considered permanent residents of the country until they turn 10-years-old.
Bensemann said her husband's Sydney employer has offered to sponsor him for permanent residency.
However, Prof Crock said this pathway would more than likely be blocked by the Australian government.
"They (the Bensemanns) run up against the health rules for Australia and the problem is that the health rules can't be waived and the child's disability becomes an absolute hurdle to getting any form of standard visa in Australia," she said.
The question now is whether the Australian government will be held to account by the international community via United Nations Human Rights Committees if it continues to exclude New Zealanders from accessing its National Disability Insurance Scheme.
tvnz.co.nz/national-news/aus-warned-nz-human-rights-breach-5461788