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Last updated: 22 September 1999
Circular 1999/12: Appointments to the APS - New Zealand Citizens and the permanent resident requirement for probationary appointment
Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
The purpose of this Circular is to clarify current policy relating to the status of New Zealand citizens and the requirement for permanent residence status for probationary appointment to the Australian Public Service (APS). It should be noted that this Circular is merely a clarification and that the advice contained in the PSMPC publication The Essentials No. 5: Appointment and Probation, and PSMPC Circulars 1999/3 and 1999/4 remains current.
2. Under section 47 of the Public Service Act 1922, persons who are not Australian citizens but are permanent residents may be appointed on probation pending the granting of citizenship. A probationer's appointment cannot be confirmed until Australian citizenship is granted, except in cases where a waiver of citizenship has been approved by the Minister.
3. Changes to the Migration Reform Act 1994 and the Australian Citizenship Act 1948, however, have affected the permanent resident status of New Zealand citizens and their recruitment to the APS. Eligible New Zealand citizens automatically receive a Special Category temporary residence visa (SCV) when entering Australia. Although technically the SCV is a temporary visa, a declaration made in 1994 by the then Minister responsible for immigration declared holders of SCVs to be permanent residents for the purposes of the Citizenship Act.
4. It follows, therefore, that New Zealand citizens holding an SCV fall within the scope of the term 'permanent resident' for the purposes of the probation and should be treated in the same manner as other permanent residents seeking citizenship. (See Attachment for additional information).
Further information
5. For additional information on probation matters please see the Essentials booklet No 5 or contact the PSMPC Hotline on 02 6202 3859; and for citizenship matters Ms Lyn Barbaro at the Department of Immigration and Multicultural Affairs on 02 6264 2940.
Jeff Lamond
Team Leader
Staffing, Structures and Performance
6 September 1999
Attachment: Changes to the Migration Reform Act 1994 and the Australian Citizenship Act 1948 and the Permanent Residence requirement for citizenship purposes
In September 1994, the Australian Government introduced a number of changes to the Migration Act. Under the Migration Reform Act 1994 the Special Category temporary residence visa (SCV) was introduced which allows a New Zealand citizen to enter and stay in Australia. There is no requirement for a New Zealand citizen who holds an SCV to apply for, or be granted, permanent residence in Australia at any time as the SCV allows a New Zealand citizen to remain in Australia lawfully as long as that person remains a New Zealand citizen.
Although technically the SCV is a temporary visa under the Migration Act, through a declaration made in 1994 under subsection 5A(2) of the Australian Citizenship Act 1948 the Minister responsible for immigration declared holders of SCVs to be 'permanent residents' for the purposes of the Citizenship Act.
Eligible New Zealand citizens automatically receive an SCV when entering Australia but, for SCV holders seeking citizenship, certain conditions have to be met including a period of permanent residence. The eligible period, under the Citizenship Act, in which an applicant can accumulate periods of permanent residence commences with the granting of an SCV. This means that a New Zealand citizen selected for appointment to the APS, having met the eligibility criteria under the SCV, are deemed to be permanent residents for citizenship purposes and can begin to accumulate the qualifying periods of permanent residence at the time of their arrival in Australia. All other conditions pertaining to other non-Australians who apply for citizenship also apply to New Zealand citizens. For information on the permanent resident requirement and related matters please contact Ms Lyn Barbaro at the Department of Immigration and Multicultural Affairs on 02 6264 2940. See also section 13(1) of the Australian Citizenship Act 1948.
