The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

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?

Last reviewed: