3.2.2 Residency requirements
Summary
To be eligible for the Scheme, a person must be an Australian citizen or permanent resident at the time of application, or have been a child migrant under section 4B of the NRS Rules (the Rules).
Australian citizen
For the purposes of the Scheme, an Australian citizen is defined as a person who is an Australian citizen within the meaning of the Australian Citizenship Act 2007.
Permanent resident
For the purposes of the Scheme, a permanent resident is defined as a person who is a permanent resident within the meaning of the Australian Citizenship Act.
Child migrant
For the purposes of the Scheme, a child migrant is a child that was sent to Australia under a scheme of the Empire Settlement Act 1922 (United Kingdom) or became a ward under the National Security (Overseas Children) Regulations or the Immigration (Guardianship of Children) Act 1946.
For the purposes of the Scheme, a child migrant is defined as:
- a child who arrived in Australia before 1984
- was sent from the United Kingdom or Malta by an institution
- became a ward of a State or Territory, and
- did not have any other family members in Australia except for one or more children at the time of arrival.
Act reference: NRSAct Part 2-2 Division 2 Entitlement to redress under the scheme
NRS Rules section 4B Eligibility of certain child migrants from the United Kingdom and Malta
Australian Citizenship Act 2007
Policy reference: Redress Guide 3.2 When is a person eligible for redress?