ADDRESS TO THE 2018 MIGRATION INSTITUTE OF AUSTRALIA

I would like to begin by acknowledging the Gadigal people of the Eora Nation, the traditional custodians of this land and pay my respects to the Elders both past and present.

I welcome the new Minister for Immigration, Citizenship, and Multicultural Affairs – David Coleman – and congratulate him on both his appointment to the portfolio and his first time speaking here.

 

I’m honoured to be addressing the Migration Institute of Australia’s annual conference for the third consecutive year – my third year as the Shadow Minister for Immigration and Border Protection and hopefully the last time as the “Shadow” Minister.

 

Since I spoke at this conference last year, migration – and the complexities and challenges of such an all-encompassing portfolio – have been more front-and-centre in both the political and public consciousness than ever before.

 

In coming here today and speaking to those at the coalface of Australia’s migration program – particularly skilled migration and permanent migration – I refreshed my memory as to what I spoke about at this conference last year.

 

The same migration issues I spoke about in 2017 are still on the Government’s plate a year later and are largely unresolved.

 

From blowouts in visa processing times, to botched skilled migration changes, to genuine refugees languishing in indefinite detention.

 

These issues all remain.

 

As we have seen a revolving door of Ministers (and Prime Ministers) under the Abbott-Turnbull-Morrison Government, we have seen the promises made by this Government pushed to the never-never.

 

At an event such as this – it is not common practice to be too party-political.

 

However, politics has real impacts on real people and their livelihoods – particularly when it comes to the immigration portfolio.

 

I am aware the failures of the Government over the past five years – and most notably those since the 2016 election – have impacted you and your clients the most.

 

Last year, with the establishment of the Department of Home Affairs, I was acutely aware of the concerns many in this room held – and shared with me – about the establishment of a mega portfolio.

 

These were genuine concerns that immigration would be “lost” under a security apparatus.

 

Now is the first time in 20 years – and the second time in close-to 40 years – there has not been an Immigration Minister in Cabinet.

 

This means the Minister responsible for one of the most complex and technical portfolios – including Australia’s permanent migration intake, our humanitarian program, and temporary work visas – does not have a voice in the Prime Minister’s Cabinet.

 

I have serious doubts and concerns about how your concerns are heard at the most senior levels of the Government if the Minister responsible is not even in the Cabinet room.

 

It should not have to fall to the Minister for Home Affairs – as the “senior” Minister in the Department of Home Affairs – to represent the Immigration portfolio.

 

This doesn’t suffice – and I understand how it only adds to the concerns you hold.

 

Those concerns extend beyond politics and go to policy.

We have seen what should be comprehensive and evidence-based migration policy be mooted in the media.

 

In the past twelve months, the Government has splashed across the front pages of newspapers:

 

The list goes on but the same applies to all of these concepts.

 

They are exactly that – conceptual.

 

The current Government has opted for public discourse rather than the depth and detail such an important portfolio deserves.

 

I am aware how much these faux announcements impact you and your clients – creating more uncertainty around an already complex immigration system.

 

The Government has gone quiet on their proposed “visa simplification” with the aim of reducing the number of visa subclasses in Australia.

 

Visa reform is an important conversation to have because it will shape Australia over the next 10, 20 and 100 years.

 

Reducing visas from almost 100 down to 10 is a big task.

 

After undertaking a policy discussion paper in mid-2017, the Government released their final consultation summary in December.

 

Since then, the Government has gone quiet on their proposal as the cracks and confusion in our visa system continue to remain.

 

Labor strongly believes that any reforms to Australia’s migration program should improve its integrity and make the visa system easier to understand. 

 

At the same time, I know the Government’s proposed privatisation of visa processing has not helped ensure people’s confidence in our migration system - let alone the confidence of migration agents.

 

The Government has not made their case for the privatisation of visa services in Australia.

 

There are too many fundamental questions left unanswered.

 

Which types of visa processing – if any – will be privatised?

 

What impact will there be on public service jobs?

 

How much of an impact could these changes have on the Budget?

 

Will there be any impacts on privacy and, most importantly, national security?

 

How will this impact people accessing Australia’s visa system – you and your clients.

 

Another legitimate question is who from the Government will sign off on the plan.

 

The Department of Home Affairs has confirmed this is a decision for Government – but both the Prime Minister and Immigration Minister have publicly recused themselves from that decision given personal connections to bidders involved in the process.

 

When the Government announces their plans – we will take it through the utmost scrutiny.

 

Labor has consistently opposed the privatisation of public services and outsourcing of departmental processes because we have seen the adverse impacts it has on service delivery time and time again.

 

We cannot afford to have those impacts happen to our visa system and the billions of dollars in revenue it generates annually for Australia.

 

Visa processing times have already ground to a halt under the current Government.

 

It is one of the most pressing concerns for your industry and I hear this complaint on a regular basis.

 

Visa processing times have spiralled out-of-control across most visa classes.

 

The Skilled Independent visa currently has a processing time of 11 months.

 

Partner visas have an astonishing processing time of 26 months.

 

The number of people on bridging visas – waiting for their applications to be processed by the Department – has increased by over 38,000 people in the past year.

 

Although there is some good news. To the credit of the Government, the visa processing time for au pairs has been cut down to just a couple of hours.

 

Longer visa processing times mean people are waiting longer to be reunited with family members.

 

Businesses are waiting longer to access the skills they need.

 

People are putting their lives on hold until they can finally settle in Australia – particularly regional Australia.

 

Visa processing times for the Regional Sponsored Migration Scheme visa have increased from 19 months to 25 months in the past year.

 

The Regional Sponsored Migration Scheme visa – a visa specifically designed to encourage regional migration – is almost inaccessible because of these processing times alone.

 

The Government should prioritise fixing existing programs to encourage regional migration before attempting to establish new ones.

 

The population debate and regional migration has been splashed across the front pages of newspapers although we are yet to see the detail of any plan proposed by the Government.

 

We have seen the Premier of New South Wales go from declaring migration levels in this state were “about right” to calling for a fifty per cent reduction.

 

A change of heart in just five months’ time.

 

I understand the pressures on our cities and the impact it has on our productivity, well-being and ability to plan for the future – especially here in Sydney, Melbourne, and throughout South-East Queensland.

 

Population policy is vitally important to the future success of Australia.

 

I’m sure it comes as no surprise to people in this room that population policy also runs the risk of being politicised by those seeking to divide Australia.

 

People who do this undermine one of the greatest strengths of Australia – our rich multicultural and migrant history.

 

Just yesterday, Labor opposed a shameful move by Senator Fraser Anning.

 

He wanted to establish a new plebiscite – asking if there should be a substantial cut in migration numbers, if the migration policy should be change to favour European migration, and if Muslim migration should be banned.

 

Labor will always oppose attempts by those on the fringes who wish to return to the White Australia Policy.

 

Given the potential for hurtful division, Opposition Leader Bill Shorten has written to Prime Minister Scott Morrison about the need for a bi-partisan and consistent approach to population policy.

 

We believe these policies should be above politics.

 

We believe these policies should be for the betterment of all Australians – in particular our future generations.

 

Labor wants to see the establishment of an independent and expert population taskforce.

 

This taskforce would provide recommendations that both parties could accept and use to underpin population policy development.

 

The taskforce would consider issues relating to permanent and temporary migration, infrastructure investment and decision making, service delivery, economic development, and settlement policy.

 

Australia will continue to grow and how governments manage this growth will be one of the key policy challenges of the coming years.

 

Labor is working hard on our plan to deliver a fair go for all Australians – including ensuring local workers are given the first shot at local jobs.

 

That’s because Labor is always on the side of Australian workers.

 

I make no apologies that Labor believes temporary work visas should be limited to genuine skill shortages.

 

Australians expect they will be put first when skilled jobs are on offer.

 

A recent survey revealed more than a third of businesses are struggling to fill skills shortages, with engineers and health care professional positions the most in-demand roles in Australia.

 

Close to 34 per cent of the Australian employers surveyed said a lack of skilled workers was a major impediment to hiring.

 

This jumped to 43 per cent for medium-sized businesses and 41 per cent for large businesses.

 

I met with many tourism providers and professionals in Canberra this week and they expressed their concerns about labour shortages in regional cities – cities vital to Australia’s economic prosperity.

 

Skill shortages are not going to solve themselves.

 

Temporary skilled visas should not be the default option.

 

There is no skills shortage that should last one day longer than it takes to train an Australian to fill that role.

 

This is why Labor, if elected, will establish the Australian Skills Authority.

 

The Australian Skills Authority will be an independent, labour market testing body to determine genuine skills needs and restrict temporary work visas to those areas.

 

The ASA will work with industry, unions, higher education and TAFE sectors and State and Local Governments to create one Skills Shortage Occupations List.

 

This consultation is what the Government failed to do when they made their 457 changes in April 2017.

 

These changes took place without consultation which created uncertainty and confusion in businesses across Australia – including for your clients.

 

Under Labor, temporary skilled visas will only be available when a genuine skills gap cannot be met with local workers.

 

The Australian Skills Authority will also project Australia’s future skills shortages so we can train local workers with the aim over time to get as many of the occupations off the list as possible.

 

These commitments add to Labor’s strong record in fighting for Australian workers by enshrining strict labour market testing conditions in legislation.

 

Labour market testing is crucial in proving there are no experienced local workers available to do the job before a skilled visa is made available.

 

We are also currently developing measures that will protect vulnerable workers in Australia on temporary work visas.

 

We must ensure temporary visa workers are not exploited – because this exploitation undercuts pay and conditions for all Australian workers.

 

Under the current Government, we have seen migration legislation stagnate in the Senate.

 

This includes the Migration Amendment (Regulation of Migration Agents) Bill 2017 which brings about change for your profession.

 

In fact, I have been speaking about that particular legislation at this conference for three years running – prior to its introduction in 2016, following its introduction in 2017, and again in 2018 as it sits on the Senate notice paper.

 

Labor supports this legislation given the recommendations set out in the OMARA Review conducted by Dr Christopher Kendall.

 

We also supported the Government’s amendments in the House to implement transitional arrangements as recommended by the Labor-initiated Senate Inquiry.

 

However it is completely unacceptable the Government may not even pass this legislation through the Senate before the year is over.

 

Another piece of legislation that has sat on the Senate notice paper is the Migration Amendment (Family Violence and Other Measures) Bill 2016.

 

This important piece of legislation – which Labor supports – has been stagnating in the Senate since October 2016.

 

The Government claims the creation of a new temporary sponsored parent visa is dependent on the passage of this legislation.

 

During the 2016 election, the Liberals followed Labor’s lead and announced their commitment of enhanced visitor visas for sponsored parents – so that Australians could temporarily reunite with their loved ones.

 

It has been two years and four months since the Liberals made their promise and a new temporary sponsored parent visa still does not exist.

 

Multicultural and migrant communities across Australia have been left waiting to temporarily reunite with the loved ones – with some grandchildren having never met their grandparents.

 

The Government has broken their promise to Australia’s multicultural and migrant communities by failing to deliver a new temporary sponsored parent visa.

 

The Australian community has also been disappointed with the Government’s Community Support Program for refugees.

 

It has been marred by significant delays and accusations of a lack of transparency around cost and eligibility.

 

It’s been confirmed refugees sponsored through the program must come from the Government’s list of priority resettlement countries.

 

This means some refugee families won’t be able to reunite with their family members who are still overseas under the Government’s program.

 

This is why Labor is developing a policy for a proper community sponsored refugee program – similar to that in Canada and other countries

 

Under Labor’s program, community groups, faith-based organisations, local and state governments, unions and business would be able to sponsor refugees to come to this country.

 

Most notably, humanitarian entrants under Labor’s program would be in addition to the Government-funded humanitarian intake.

Labor believes migrants and refugees enrich this country and I have met with people from Sydney to Rockhampton to Adelaide who have the means to desire to show we are a generous and humane nation.

 

Our community sponsored refugee program will give many more people facing some of the most egregious persecution a new opportunity.

 

As the Shadow Minister for Immigration and Border Protection, I am acutely aware of the concerns in the Australian community about the Government’s failures when it comes to managing Australian-funded offshore regional processing centres.

 

This is especially the case when it comes to ensuring children on Nauru are receiving timely and adequate medical care – or receiving medical transfers when they’re recommended by doctors.

 

To address the ongoing failures of this Government, this week I announced Labor will introduce legislation to ensure children in Australian-funded regional processing centres – including Nauru – will receive the urgent medical care they need. 

 

Labor’s legislation will ensure the recommendation of treating clinicians is the primary consideration when determining a temporary medical transfer for a child.

 

The Minister – not the Department – will be required to make a determination on medical transfers of children within 24 hours.

 

We are introducing greater transparency and accountability over decisions to approve or deny the medical transfer of children.

 

This includes strengthening the Independent Health Advice Panel by establishing it in legislation.

 

I want to ensure the Minister – regardless of whether they are a Liberal or Labor Immigration Minister – is the final decision-maker with respect to medical transfers.

 

And I want that Minister to be held accountable for their actions.

 

The Australian Medical Association has endorsed Labor’s proposal calling it, and I quote, “the most pragmatic and achievable attempt to try and get a legislative solution”.

 

Labor’s practical, reasonable and responsible measures will address the chaotic, confusing and inconsistent medical transfer process that currently exists for asylum seeker and refugee children.

This is not about permanent settlement in Australia.

 

This is about making sure vulnerable and sick children can receive the medical treatment they need – when and where they need it.

 

I want to make clear that Labor does not support indefinite detention.

 

Nauru and Manus Island were set up as temporary regional processing centres but have become places of indefinite detention because of the failure of successive Liberal Governments to negotiate other third country resettlement options.

 

We have long called on the Government to accept New Zealand’s generous offer to resettle refugees from Manus and Nauru .

 

This was a deal which was reached between Prime Minister Julia Gillard and former New Zealand Prime Minister John Key in February 2013.

 

The Government claims their “lifetime ban” legislation – which has been sitting in the Senate for nearly two years without debate – is required to secure regional resettlement arrangements.

 

The “lifetime ban” legislation permanently excludes any person who travelled to Australia by means other than the normal channels for immigration, including by boat, from ever entering Australia.

 

The United States refugee resettlement deal is already underway and operating successfully without these laws.

 

If Malcolm Turnbull was able to negotiate conditions for the US arrangement, the current Prime Minister should be able to negotiate them for any arrangement with New Zealand.

 

It’s time the Prime Minister reached out to New Zealand and negotiated a resettlement arrangement and appropriate conditions and restrictions.

 

Like many things in the immigration portfolio, if the current Government is incapable of doing this, a Labor Government will get it done.

 

As a united and disciplined Opposition with Bill Shorten as our Leader, I want to assure you that Labor, if elected, is committed to ensuring and affirming the strengths of Australia’s migration program.

 

This is good for migration agents and good for Australia.

 

Labor is committed to making sure the promises we make in Opposition – are what we deliver if elected to Government.

 

We especially want to deliver on out skilled migration policies which ensure local workers are given the first shot at local jobs.

 

I will always engage with your industry and consult with you about these skilled migration policies to ensure the best outcomes possible.