Simon Lauder reported this story on Monday, June 10, 2013 18:14:00

ASHLEY HALL: A parliamentary committee wants the Federal Government to justify its decision to exclude some long-term residents from the National Disability Insurance Scheme.



New Zealanders in Australia will be funding the scheme by paying the Medicare levy, but many of them won't be allowed to access it. For example, the mother of a boy who was born in Sydney and has lived here all his life has told PM her son will miss out on disability care.



The Human Rights Committee is seeking an explanation from the Minister responsible, Jenny Macklin.



Simon Lauder reports.



SIMON LAUDER: Angela Bensemann and her husband moved to Australia about six years ago. They have a son who will be turning five in two weeks.



ANGELA BENSEMANN: Toby was born at RPA (Royal Prince Alfred) Hospital here in Sydney. He had multiple disabilities, including motor, aural and verbal dyspraxia. He also has mild cerebral palsy.



SIMON LAUDER: Australian residents from New Zealand have a unique migration status which requires them to pay taxes, including the increased Medicare levy, which will be used to fund the National Disability Insurance Scheme.



In 2001 the Federal Government was concerned migration from New Zealand was a burden on the welfare system, so it changed the rules, creating a special category visa for New Zealanders, cutting their access to social security. The laws the Government has passed to underpin the National Disability Insurance Scheme exclude unprotected special category visa holders.



Toby Bensemann's family has been paying the Medicare levy for years. But he won't be eligible for benefits under the National Disability Insurance Scheme.



ANGELA BENSEMANN: We are unfortunately having to pick which therapies we put him in at the moment because we can't afford to do everything that he needs.



SIMON LAUDER: What are your concerns for Toby missing out on the NDIS?



ANGELA BENSEMANN: I feel that he's not getting access to that best start that he deserves as much as any other child deserves.



SIMON LAUDER: The Joint Parliamentary Human Rights Committee says that's not compatible with the right to social security and the right to non-discrimination in the enjoyment of that right.



In its latest report, the committee says it's not clear why-long term residents from New Zealand are excluded from the NDIS, and the committee will be writing to the Minister for Families, Community Services and Disability Reform, asking her to clarify the Government's position.



Around 250,000 New Zealand citizens have arrived in Australia since the rules were changed in 2001. Although they're entitled to live here permanently, they're not permanent visa holders. In a written statement to PM, a spokeswoman for the Minister, Jenny Macklin, says New Zealand citizens who want to access the NDIS have the option of applying for a permanent visa.



That doesn't satisfy David Faulkner, he's being paying the Medicare levy since it was introduced and is now an advocate for the rights of New Zealanders in Australia.



DAVID FAULKNER: The unique immigration status is simply being used as a proxy for our nationality, and the Australian Government is taking advantage of the fact that the nationality discrimination, at least at the federal level, is not covered under federal law. Whereas, what's happened here is that the Parliamentary Human Rights Committee has very clearly pointed out that international law does prohibit such discrimination.



SIMON LAUDER: Former New Zealand foreign minister and now opposition spokesman, Phil Goff, has been campaigning against the discrimination in Australia's social security system. Mr Goff welcomes the Human Rights Committee's determination.



PHIL GOFF: Who would really want to deny any child brought up in Australia as an Australian the right to these sort of services?



SIMON LAUDER: The Federal Government has been asked to justify this. Do you expect it to go beyond that at all though? Do you really think the Human Rights Committee's view will have any impact?



PHIL GOFF: Well I hope it will have an impact. I just can't see how the Minister could justify a continuing denial to people of access to a scheme that they've paid for. It's patently unfair.



ASHLEY HALL: The New Zealand Labour Party spokesman on foreign affairs, Phil Goff, speaking to Simon Lauder.





*EDITOR'S NOTE: In 2001 the Federal Government was concerned migration from New Zealand was a burden on the welfare system, so it changed the rules and cut their access to social security.