There is no simple definition of an 'Australian citizen'. In fact, the term 'Australian citizen' only came into official use in 1949. Before that, people born in Australia, or born overseas but naturalised in Australia, were British subjects. Between 1948 and 1987 Australians were both Australian citizens and British subjects. After 1 May 1987 Australians became solely Australian citizens. One way of describing an Australian citizen is by looking at the different ways of becoming one: by birth (with special provisions for people born before 1949), adoption, by descent and by grant.
Generally, people born in Australia between before 19 August 1986 are Australian citizens. Since 20 August 1986, different rules apply. If a person is born in Australia, and one of their parents is an Australian citizen or permanent resident, that person is an Australian citizen. If neither parent is an Australian citizen or permanent resident then being born in Australia is not enough to obtain citizenship immediately. Those persons must be ordinarily resident in Australia for 10 years from their birth before they will be recognised as Australian citizens.
British subjects living in Australia before 1949 for at least five years, and who were born before 26 January 1949 in a country other than Australia, were automatically recognised as Australian citizens. There was also a complicated range of British subjects born outside Australia who became Australian citizens on 26 January 1949, or on the date they entered Australia, if they came to Australia before May 1987.
Children who are not already Australian citizens can become citizens by adoption. If a person adopting the child is an Australian citizen, and the adopted child is a permanent resident at the time of adoption, then the child becomes an Australian citizen on adoption.
A person born outside Australia who is a child of an Australian citizen is also an Australian citizen if the child's name is registered at an Australian consulate within 18 years of the child's birth.
People who are not already citizens can apply to the Commonwealth Government for citizenship. The present rules require a person to be over 18, a permanent resident in Australia for two of the last five years (including one year in the two years preceding the application), of good character, with a basic knowledge of English and an adequate knowledge of the responsibilities and privileges of Australian citizenship.
There is nothing in the Australian Citizenship Act 1948 that requires people who apply for Australian citizenship to give up citizenship of another country. However, the laws of a person's country of birth may require them to give up their citizenship if they want to become Australian citizens. Those people who keep their former citizenship when taking up Australian citizenship have "dual citizenship". However, section 44 of the Australian Constitution prevents a person who owes what is termed "allegiance to a foreign power" from becoming member of the Commonwealth Parliament. Accordingly, a dual citizen will not normally be able to hold such an office.
Australians citizens who take up citizenship of another country generally lose their Australian citizenship. In certain cases, though, people who have lost their Australian citizenship may be able to take it up again. Australian citizens are therefore only entitled to dual citizenship when they were citizens of another country before becoming an Australian citizen.
The rights of an Australian citizen are not contained in any one statement. Neither the Australian Citizenship Act 1948, nor the Australian Constitution set out comprehensively the rights of Australian citizens. There is no bill of rights in the Australian Constitution, although a few particular rights are stated. Instead, the rights of Australian citizens are found in Commonwealth and State laws, and the common law developed by the courts. For instance, the Commonwealth Sex Discrimination Act 1984 and the Human Rights and Equal Opportunity Act 1986 protect certain rights. The courts also protect common law rights. Most of these rights apply to everyone in Australia and not just to Australian citizens.
Recently, the High Court has implied certain rights into the Australian Constitution, including the right of free political speech. According to some members of the High Court, however, only Australian citizens can rely on this implied right.
There are other rights which are only given to Australian citizens. For example, only Australian citizens can apply for an Australian passport, and vote in Commonwealth and State elections. Normally, only Australian citizens who do not have dual citizenship can be elected to Parliament.
Again, there is no single comprehensive statement of an Australian citizen's responsibilities. The preamble to the Australian Citizenship Act 1948 states that Australian citizenship involves the obligations of loyalty to Australia and its people, sharing their democratic beliefs, respecting their rights and liberties, and upholding and obeying the laws of Australia. But this is just a statement of principle and not a set of specific requirements. Some laws outline specific responsibilities. For example, voting in elections is a responsibility of citizens as is being available for jury duty.
Some people who live in Australia are not Australian citizens. They are:
Permanent residents have entered Australia on a permanent visa. A permanent visa allows them to remain in Australian indefinitely, although a permanent resident can be deported under certain circumstances.
Temporary residents come into Australia on a temporary visa. This entitles them to remain in Australia for a limited time. There are a range of temporary visas available, such as visitor's visas, working holiday visas and student visas. People who overstay their temporary visas, or don't have a visa, are illegal residents. They can be detained and deported from Australia.
Non-Australian citizens living in Australia have certain rights and responsibilities. For example:
Joint Standing Committee on Migration (Commonwealth Parliament), Australians All: Enhancing Australian Citizenship, AGPS, Canberra, 1994.
Kim Rubenstein, "Citizenship in Australia: Unscrambling its Meaning" (1995) 20 Melbourne University Law Review 503.
Ninian Stephen, Issues in Citizenship, Alfred Deakin Lecture, August 1993 (available from the CCF).
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