1 June 2009

Southern Cross Group Newsletter


Occasional Newsletter

No. 2 of 2009
9 June 2009


in this issue
Aussie Citizenship for Spouses and Partners
Citizenship and Visa Forms
Electoral Matters
New National Broadband Network
New War Cemetery at Fromelles, France
Australian Quarantine and Inspection Service
Fairer Compensation for Air Travellers
Expansion of Air Services Arrangements with the Philippines
Pension Reforms
New Social Security Agreements
Ministerial Changes
Carbon Pollution Reduction Scheme
Government Response to the Australia 2020 Summit
Australia's National Reserve System
New N Series Australian Passport
Overseas Adoption Programs in Hong Kong and Taiwan
Changes to Tax Exemption for Australians Working Overseas
Women's Rights Strengthened
Free Trade Agreements
Diplomatic Appointments
Current Parliamentary and/or Government Reviews
Taxation
Superannuation
Web Sites of Interest

From the Editor

Greetings to all our readers around the world from (sometimes) sunny Brussels.

There are many pertinent developments from Australia to report in this issue which impact our global diaspora community. We are continuing to help many people make Australian citizenship applications. We are also hoping to see some positive recommendations on expatriate voting rights in the JSCEM's Report in the Electoral Matters Inquiry, due to be tabled at this stage in Parliament in Canberra on 22 June. And there's been a Cabinet reshuffle and changes to pension and social security agreement arrangements, among other news.

As usual, we welcome your feedback. Happy reading!

John (Sid) MacGregor
Editor
Canberra and Brussels
editor@southern-cross-group.org





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Sponsorship Opportunities

Would your business like to sponsor future editions of this newsletter? Sponsorship money is essential to enable the SCG to keep serving the Australian Diaspora. The SCG is entirely volunteer-run and has no paid staff. Sponsorship and donations help offset overheads such as web-hosting fees, postage, stationery, and other sundry outlays. Contact us for further information at info@southern-cross-group.org
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Australian Citizenship for non-Australian Spouses and Partners

Many people who live outside Australia and who are becoming Australian citizens under the 2007 Australian Citizenship Act are asking us whether their non-Australian spouse can become an Australian citizen as well.

There is a route to Australian citizenship for spouses and partners of existing Australian citizens, even when the couple lives outside Australia. The Australian spouse/partner can sponsor the non-Australian in the couple for a family visa. Once granted, the visa has to be validated by taking a trip into Australia. The trip can be just a holiday.



Where the relationship is long established, the non-Australian spouse or partner will usually be granted a permanent visa straight off - i.e. Australian permanent residency status. In other cases, the spouse/partner visa will initially be temporary, but if the relationship is still existing 2 years later, it can be changed to a permanent visa.

Once the permanent spouse/partner visa has been validated on entry to Australia and four years have passed, the non-Australian can apply for Australian citizenship by conferral using the special spouse residence discretion in the Australian Citizenship Act 2007. The candidate has to pass the Australian Citizenship Test, but that can be taken at various DIAC test centres outside Australia.

Many non-Australian spouses and partners are now using this route to Australian citizenship, even while the couple don't live in Australia. For example, Belgian citizen Nicolas Portois was recently able to become an Australian citizen using the spouse residence discretion because he already had a permanent residency visa. On 24 April this year, Nicolas was sworn in as an Australian citizen at the Australian Embassy in Berlin after sitting and passing the Australian Citizenship Test last year.

Here's a picture of Nicolas, a proud new Aussie Belgian dual citizen, holding his new Australian citizenship certificate with his Australian wife Alison, under the watchful gaze of the Queen of Australia!


If you'd like more information on the route to Australian citizenship for a non-Australian spouse or partner, please get in touch.



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Citizenship and Visa Forms / New DIAC North American Phone Line
Those contemplating applying for Australian citizenship or visas should be aware that the Department of Immigration and Citizenship (DIAC) regularly updates its application forms. You need to submit your application on the version of the appropriate form that is current at the time of lodgement. Remember that if it has taken you some time to assemble all the necessary documentation, the last check you need to make is to ensure that you are using the correct form.

The DIAC website contains extensive guidance on applying for citizenship
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Information on applying for visas is also available.

Direct links to the various citizenship forms and advice on which visa form to use are also on the website.

If you are in doubt as to which visa type best suits your needs use the Visa Wizard inter-active, award winning facility on the DIAC website.

If you are using DIAC's services in North America, please note that there is now a new telephone inquiry number: 1 905-280-1437. Lines are open 10 am to 5 pm Eastern Standard time. If you prefer to contact DIAC in North America via email, use this inquiry form.
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Electoral Matters

Electoral Reform Green Paper
On 17 December 2008 the Special Minister of State, John Faulkner, released the Government's Electoral Reform Green Paper - Donations, Funding and Expenditure, and invited submissions on the issues raised. He also indicated that the Government had plans for a later, second Green Paper on Electoral Reform, to be released in 2009, and invited submissions as to what should be covered in that second Green Paper.

The text of the first Green Paper may be downloaded. The Minister released the submissions received on 6 March 2009. The Southern Cross Group made a submision on 23 February 2009 reiterating the points it had made to the JSCEM in 2008 and asking that expat electoral issues be treated in the forthcoming second Green Paper.

JSCEM Inquiry Into the 2007 Election
The Joint Standing Committee on Electoral Matters has now completed the public hearings in its inquiry into the 2007 Federal election. You will recall that the SCG made an extensive submission (Submission 158) to the Committee. The submission was directed at the adverse effect on overseas Australians of the existing legislation and current electoral procedures..

Links to the Inquiry's Terms of Reference, submissions received, Hansard reports on the public hearings and the Committee's interim report of 16 March 2009 are available on the Committee's website.

The public hearings have been largely concentrated on postal voting procedures and, to a large extent, on the funding issues such as those raised in the Government's first Green Paper. The SCG was not called upon to present evidence at a public hearing.

It is understood that the Committee's final report is to be tabled in Parliament on 22 June 2009 or shortly thereafter and to be available on the Committee's website when that has happened.
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New National Broadband Network
On 7 April 2009 the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, announced the establishment of a new company to build and operate a new super fast National Broadband Network. The Government will be the majority shareholder of this company, but significant private sector investment in the company is anticipated.

The Minister's media release outlines the plan of action for the company.
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New War Cemetery at Fromelles, France
The Minister for Veterans' Affairs, Allan Griffin, announced on 3 June 2009 that construction of the war cemetery at Fromelles, France had commenced.

The new cemetery is to be known as Fromelles (Pheasant Wood) Military Cemetery and is where the remains of up to 400 Australian and British servicemen who died during the Battle of fromelles in Jul 1916 will be re-interred.
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Australian Quarantine and Inspection Service (AQIS)
Those planning their return to Australia or to take a short break there, are reminded that they need to check the AQIS website well in advance of their departure for Australia. Remember that the rules and processes may have changed since the last time you entered Australia.
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Fairer Compensation for Air Travellers
The Minister for Infrastructure, Transport, Regional Development and Local Government, Anthony Albanese, announced on 29 January 2009 that Australians flying overseas will now receive fairer and timelier compensation in the event they lose their luggage, their flight is extensively delayed or they are involved in an airline accident.

The new arrangements follow Australia's ratification of the Montreal Convention. This multilateral agreement includes new, tougher liability regimes for:
The death or injury of a passenger;
The loss or damage to a passenger's baggage;
The loss or damage to a freight shipment; and
Delays to the scheduled arrival of a passenger, baggage or freight.
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Expansion of Air Services Arrangements with the Philippines
Minister Anthony Albanese announced on 19 March 2009 that Australia and The Philippines have agreed to new air services arrangements, opening the way for expanded services on the routes between the two countries.

Under the new arrangements, Australian and Philippine airlines are now able to offer up to 4,000 seats each way per week between major Australian destinations (Brisbane, Melbourne, Perth and/or Sydney) and Manila and/or Clark in the Philippines.
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Pension Reforms
The Minister for Families, Housing, Community Services and Indigenous Affairs, Jenny Macklin, announced on 12 May 2009 that the qualifying age for the age pension will gradually increase from 65 to 67 by 2023. Theses changes will not affect current age pensioners. Only new entrants to the pension system from 1 July 2017 will be affected.

A number of other, more immediate reforms to the pension system were also announced by the Minister on 12 May 2009:
Simpler and more flexible pension system
Better targeting of the pension
A pension that keeps up with the cost of living
Three million Australian pensioners benefit from reforms
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New Social Security Agreements with Czech Republic, Slovak Republic and Latvia

The Minister for Families, Housing and Community Services, Jenny Macklin, announced on 12 May 2009, that as part of the 2009-10 Budget, the Rudd Government has finalised negotiations with the Czech Republic, the Slovak Republic and Latvia to introduce social security agreements.

From 2011, residents who have spent part of their adult lives in both Australia and these countries will be able to receive pensions from both countries.


Existing Agreements
Australia currently has 22 social security agreements, including Austria, Belgium, Canada, Chile, Croatia, Cyprus, Denmark, Germany, Greece, Ireland, Italy, Japan, Korea, Malta, the Netherlands, New Zealand, Norway, Portugal, Slovenia, Spain, Switzerland and the USA.

A new Agreement with Finland has been signed and is expected to commence on 1 July 2009.

Links to the text of all existing and new agreements are on the website of the Department of Families, Housing, Community Services and Indigenous Affairs.
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Ministerial Changes
An number of changes to the Labor Ministry were announced by the Prime Minister, Kevin Rudd, on 6 June 2009.
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Carbon Pollution Reduction Scheme
Changes to the Carbon Pollution Reduction Scheme were announced by the Prime Minister, Kevin Rudd, on 4 May 2009.
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Government Response to the Australia 2020 Summit
On 22 April 2009 the Prime Minister, Kevin Rudd, released the Government's response to the ideas raised by the 2020 summit.
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Australia's National Reserve System
The Minister for the Environment, Heritage and the Arts, Peter Garrett, released on 2 June 2009 a national blueprint to underpin better protection of Australia's biodiversity. Australia's National Reserve System Strategy 2009-2030 has been developed by the Commonwealth, states and territories, who have all agreed to work towards clear targets to secure long-term protection for Australia's terrestrial biodiversity.
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New N Series Australian Passport
On 28 May 2008 the Foreign Minister, Stephen Smith, launched the new N series Australian passport. It features images of Australia printed throughout the document making every visa page unique. This has resulted in a passport which is very difficult to falsify through page substitution or tampering.tampering.

Remember that when applying for a passport you need to ensure that you have used the latest version of the application form. See the Department of Foreign Affairs and Trade passports website for information.
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Overseas Adoption Programs in Hong Kong and Taiwan
On 27 February 2009 Attorney-General Robert McClelland announced the expansion of Australia's overseas adoption programs with Hong Kong and Taiwan.
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Changes to Tax Exemption fro Australians Working Overseas
In the 12 May budget the Government announced changes to the exemption available to Australian taxpayers in respect of income earbed overseas.
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Women's Rights Strengthened
On 4 March 2009 Attorney-General, Robert McClelland, and the Minister for the Status of Women, Tanya Plibersek, welcomed the entry into force in Australia of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The Protocol will strengthen the rights of Australian women and provide a further measure to protect them against discrimination.
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Free Trade Agreements

Chile
The Australia-Chile FTA came into force on 6 March 2009.

Korea
The Minister for Trade, Simon Crean, welcomed the announcement by the Prime Minister and the President of the Republic of Korea, Lee Myung-bak on 5 March 2009, that Australia and Korea had agreed to launch bilateral free trade agreement (FTA) negotiations.

ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA)
On 27 February 2009 Minister for Trade Simon Crean joined Trade Ministers from the 10 members of the Association of South East Asian Nations (ASEAN) and New Zealand in signing the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) in Hua Hin, Thailand.

Indonesia
The Minister for Trade Simon Crean and Indonesia's Minister for Trade, Dr Mari E Pangestu, met in Sydney on 19 February 2009 for talks aimed at strengthening the bilateral trade and investment relationship. Both Ministers welcomed the final draft of the Joint Feasibility Study on an Indonesia-Australia Free Trade Agreement. The study found that a comprehensive FTA would build on the solid foundation of the ASEAN-Australia New Zealand FTA and provide worthwhile gains for both countries.
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Diplomatic Appointments
The Foreign Minister, Stephen Smith, has announced the following diplomatic appointments:

Sweden
Mr Hugh Borrowman is to be Australia's new Ambassador to Sweden.

Pakistan
Mr Tim George is to be Australia's new High Commissioner to Pakistan. Mr George is expected to take up his appointment in June 2009.


Soloman Islands
Mr Frank Ingruber is to be Australia's new High Commissioner to Solomon Islands. Mr Ingruber was expected to take up his appointment in early May 2009.

United Nations
Mr Gary Quinlan is to be Australia's new Ambassador and Permanent Representative to the United Nations (UN), New York. Mr Quinlan was expected to take up his appointment in May 2009.


New Zealand
Mr Paul O'Sullivan is Australia's new High Commissioner to New Zealand with concurrent accreditation to the Cook Islands.


Chile
Ms Virginia Greville is to be Australia's Ambassador to the Republic of Chile. Ms Greville is expected to take up her appointment in June 2009.

Los Angeles
Mr Chris De Cure OAM is Australia's new Consul-General in Los Angeles.

Climate Change
Minister for Climate Change and Water, Senator Penny Wong, and Minister for Foreign Affairs, Stephen Smith, announced on 9 February 2009 that Ms Louise Hand has been appointed to be Australia's Ambassador for Climate Change.

Kiribati
Mr Brett Aldam is Australia's new High Commissioner to the Republic of Kiribati.

Brunei
Mr Mark Sawers is Australia's new High Commissioner to Brunei Darussalam.

Nepal
Ms Susan Grace is Australia's new Ambassador to the Federal Democratic Republic of Nepal.
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Current Parliamentary and/or Government Reviews

We list here the current reviews being undertaken at the direction of Government Ministers that we are aware of. Some may have little of no direct impact on expats but if you believe that you have a contribution to make, we encourage you to do so.

Review of Equal Opportunity for Women in the Workplace Agency
Tanya Pilbersek, Minister for the Status of Women, has announced a review of the Equal Opportunity for Women in the Workplace and Agency (EOWA) and its underlying legislation (EOWW Act). The review will examine the effectiveness and efficiency of the agency and the legislation in promoting equal opportunity for women in the workplace. The review will begin with the release of an Issues Paper which will signal the start of the consultation process.

Migration and Disability Inquiry
The Minister for Immigration and Citizenship, Senator Chris Evans, and the Parliamentary Secretary for Disabilities and Children's Services, the Hon Bill Shorten, announced on 15 May 2009 the terms of reference for an inquiry relating to the health requirement in the Migration Act. The Parliamentary Joint Standing Committee on Migration will undertake the inquiry. As at the date of issue of this Newsletter the inquiry had not been listed on the Committee's website. Check at a later date for further information about the inquiry and any call for submissions.

Review Into the Governance, Efficiency, Structure and Operation of Australia's Superannuation System
On 29 May 2009 the Minister for Superation and Corporate Law, Senator Nick Sherry,announced the details of the review of the governance, efficiency, structure and operation of Australia's superannuation system. The review is to be conducted by an expert panel.

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Taxation
SCG Note
All we are seeking to do in regard to taxation matters is to make you aware of some of the issues that may affect you. It is for you to do your own research and make your own decisions about the issues.

We are not qualified or competent to provide personal advice on the matters we identify, nor are we able to respond to any queries you may have.

Tax Pack 2009
Foreign Exchange Rates
Capital Gains Tax update
Higher Education Loan Programme (HELP) and HECS repayment thresholds andrates
Student Financial Supplement Scheme (SFSS) repayment thresholds and rates
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Superannuation
SCG Note
All we are seeking to do in regard to superannuation matters is to make you aware of some of the issues that may affect you. It is for you to do your own research and make your own decisions about the issues.

We are not qualified or competent to provide personal advice on the matters we identify, nor are we able to respond to any queries you may have.

Superannuation Information for temporary residents departing Australia
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Web Sites of Interest
From time to time we come across web sites that may be of interest to expats. Where appropriate, and where a commercial objective is not their primary purpose, we will mention them in the Newsletter.
In this issue:

Australian Disability Enterprises
The www.australiandisabilityenterprises.com.au website makes purchasing from Australian Disability Enterprises quick and easy. See the Ministerial statement of 24 April 2009.

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