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2. PRESENTATION AND VIBRANCY

2.1 SAFE HAVEN ENTERPRISE VISA PROGRAM

Document Information

Author Steven Abbott, Manager Community Partnerships Natalie Jacobson, Coordinator Inclusive Communities Responsible Pauline Gordon, Director Community Wellbeing Director

Summary/Purpose

To provide background information about the Safe Haven Enterprise Visa (SHEV) program and seek Council preference and agreement to opt into certain postcodes within Greater Bendigo.

Policy Context

Council Plan Reference: This report is consistent with the following Council Plan 2013 – 2017 strategic objectives: 3.6.3 Promote equitable and inclusive communities through implementation of the Human Rights Charter across the organisation and development of a Reconciliation Action Plan and Cultural Diversity Strategy. Council Policy Reference: The Bendigo Council signed a declaration as a Refugee Welcome Zone with the Refugee Council of Australia in 2002. Whilst there are no binding obligations involved in being a Refugee Welcome Zone local governments that have signed the declaration have… “made a commitment in spirit to welcoming refugees into their community, upholding human rights of refugees, demonstrating compassion for refugees and enhancing the cultural and religious diversity in the community”. Nationally, more than 120 Local Government Authorities have signed the Refugee Welcome Zone declaration (Attachment 1).

Background Information

What is the Safe Haven Enterprise Visa?

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On December 2014 the Australian Parliament amended the Migration Act 1958. One outcome was the establishment of the Safe Haven Enterprise Visa (SHEV). These visas are granted to asylum seekers living in Australia who arrived before July 2013 and have fulfilled all necessary health, identity and security checks. There are 9,605 people eligible for a SHEV living in Victoria, most of which are in metropolitan Melbourne. They are currently on Bridging Visas, which have minimal work or study entitlements. Once approved, SHEV holders will be eligible for the following government benefits: • Income support for a period of 18 months. • 510 hours of English Language. • Short term trauma or torture counselling. • Social security benefits, if they meet the normal requirements. • Medicare. • Minors will have access to primary and secondary education. The SHEV applies to regional areas throughout Australia. SHEVs are valid for five years and SHEV holders must study or work in a regional area for three and a half of those five years. After the five years SHEV holders will be eligible to apply for other substantive visas, but not the Permanent Protection Visa (the main type of visa for asylum seekers fleeing persecution). Attachment 2 of this report provides a more detailed SHEV Fact Sheet. SHEV holders will not be eligible for Humanitarian Settlement Services (HSS) which in Bendigo is provided by Bendigo Community Health Service. HSS includes assistance accessing housing, personal and family support, health services, counselling, and practical help. SHEV assessments will take place over three years, so any movement to regional areas will be gradual over that time. SHEV holders will have the rights to choose which regional SHEV nominated areas they wish to move to. Only one member of a family needs to work or study in a regional area for the family to be eligible for a SHEV. Therefore the SHEV is an attractive option for people who currently have limited opportunities in Australia. All necessary regulations and legislative instruments have been in place since April 2015 however the SHEV is not yet available. Previous Council Decision(s) Date(s): There have not been any previous Council decisions regarding the SHEV.

Report

The Department of Immigration and Border Protection (DIBP) has requested each State and Territory to advise on whether they want to opt into the scheme on a State-wide or individual postcode basis. So far only New South Wales has opted into the SHEV scheme in all areas except Sydney, Newcastle and Wollongong.

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In Victoria, the Office of Multicultural Affairs and Citizenship (OMAC) is the primary point of engagement with the DIBP. OMAC has requested the assistance of the Municipal Association of Victoria (MAV) to seek the views and preferences of regional councils to help decide whether the Victorian government will opt in on a state-wide basis or by individual post-codes. OMAC is advocating for greater support from Commonwealth resources and ensuring that state decisions are informed by local governments. On the 15th June 2015 MAV wrote to Council with information for rural and regional councils to confirm their preference to opt in to the Safe Haven Enterprise Visa Program by 29 June. The request by the MAV was to indicate which of the following six options they prefer. 1. Opt in all postcodes within your Local Government Area (LGA). 2. Opt in certain postcodes within your LGA. 3. Opt in all postcodes within your LGA for an initial six to twelve months. 4. Opt in certain postcodes within your LGA for an initial six to twelve months. 5. Opt out your entire LGA completely. 6. Nominate all or certain postcodes within your LGA to be part of a trial. The MAV outlined that they understand that this timeframe is insufficient to take the issue to council. While OMAC set this deadline, the date was somewhat arbitrary as the Premier or DIBP could make a decision at any time, with or without local (or state) government input. As such, councils were encouraged to respond by 29 June to ensure that their decisions, and relevant postcodes, are submitted to DIBP sooner rather than later (even if it's pending final approval from councillors). The timeframe to respond fell between Council meetings so the City responded with the advice that a formal Council position would need to be obtained on the matter and that if Council were to consider entering into the SHEV program then the officer recommendation to Council would be a preference for option 2, to nominate certain postcodes, being 3550 and 3555 (attachment 3.) The reason this is considered the most suitable option because the SHEV scheme is consistent with Council’s status adopted in 2002 as a Refugee Welcome Zone. The City has a diverse range of urban, semi-rural and rural settings and it is important that SHEV holders have a high level of access to supporting services and facilities (such as public transport and education institutions), which are located predominately within these post codes. In doing so Council needs to consider its readiness and ability to ensure the necessary social infrastructure is in place to provide adequate support and opportunities for SHEV holders to pursue work or study. Whilst SHEV holders are not eligible for the Humanitarian Settlement Services, there are alternative community groups and organisations that are able to provide assistance. These include Rural Australians for Refugees, Bendigo Friends and Mentors, and Bendigo Baptist Community Care. In addition, Bendigo TAFE is a provider of the AMES English language program.

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Bendigo is an appropriate location for SHEV holders to pursue their opportunities and contribute to the local community, including the economy. In additional to support services available in Bendigo, rent is relatively affordable, and the distance is commutable and accessible to Melbourne through public transport. This will be particularly important if families of SHEV holders were to remain in Melbourne. The SHEV applies to regional areas throughout Australia. SHEVs are valid for five years and SHEV holders must study or work in a regional area for three and a half of those five years. After the five years SHEV holders will be eligible to apply for other substantive visas, but not the Permanent Protection Visa (the main type of visa for asylum seekers fleeing persecution). Attachment 2 of this report provides a more detailed SHEV Fact Sheet. Advice from the MAV on the 14th September stated there are 51 regional LGAs that were invited by the MAV to respond. To date:

· 18 LGAs opted in all of their postcodes,

· 2 partially,

· 5 for an initial period and

· 2 for a trial. It is estimated that the number of SHEV applicants and holders is likely to be low considering the total number of people eligible, the period of time the scheme will be operational and the distribution of people across multiple LGA’s within the scheme. Priority/Importance: Medium - This matter needs to be considered by Council and a formal response provides with Council’s preference. The State Government is likely make a decision about whether they join the SHEV scheme with or without Council’s decision. Should Greater Bendigo wait to reach a decision whether to opt into the SHEV, advice from OMAC indicate it can be factored into the State’s SHEV negotiation or implementation process.

Consultation/Communication

Internal Consultation: The request for Council to formally consider opting in or out of the SHEV program was presented at the Council Forum on 9 September 2015. On the basis of support by Councillors about their preference being to opt in to two postcodes, a decision was due to be made at the 16 September Council meeting. The meeting was closed prematurely and a decision was unable to be made. As a result officers contacted MAV and the office of Multicultural Affairs and Citizenship (OMAC) to advise that no decision was made and received the following response from the Manager, Settlement and Citizenship:

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“I understand that Greater Bendigo has not yet reached any decision in relation to the SHEV. I can also confirm that whilst the Victoria Government has provided in principle support to opt specified postcodes into the SHEV, this is subject to negotiations with the Commonwealth to ensure that they provide appropriate resources. Victoria has not yet commenced these negotiations with the Commonwealth regarding the SHEV. I can also confirm that until Greater Bendigo council reaches a decision regarding SHEV, no Greater Bendigo postcodes will be included in the proposed opt in list. Should Greater Bendigo reach a decision to opt any postcodes into the SHEV, we can factor this into the SHEV negotiation or implementation process.”

The SHEV report was further discussed at Council Forum on 23 September where the aforementioned information was provided. Councillors discussed views from not opting in to the program to opting in to all postcodes. Councillors reiterated their support for the program and the opting in of the two urban postcodes. The option to include small town postcodes given available support and the opportunities for employment within the agribusiness sector was discussed and can be further investigated. External Consultation: Conversations about the SHEV scheme have occurred with MAV and OMAC and information in this report has been clarified and confirmed. Locally, preliminary discussions have been held with the Settlement Network and support has been provided to opt in the nominated postcodes. The Settlement Network includes Bendigo Community Health Services, Loddon Campaspe Multicultural Services, Bendigo TAFE, Bendigo Health and Rural Australians for Refugees. The Network currently works with OMAC to support the intake of refugees into the municipality. Information gathered from other local government areas that have participated in similar programs indicates that not all models are successful. Warrnambool City Council Has had a similar program, but advised that unless holders had arranged employment or study, they soon became isolated and returned to Melbourne before meeting the designated time frame. Loddon Shire Has a successful program predominantly where holders have prearranged employment and support system in place. Discussion with Loddon Mallee Housing indicates they have no available supported accommodation and that there is unlikely to be in the foreseeable future. Eligible holders would have to find their own rental accommodation or be supported through the Settlement Network.

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Resource Implications There will be no additional resource allocations required of the City of Greater Bendigo. A City officer currently sits on the executive of the Settlement Network and coordinating support for SHEV holders in Bendigo will be absorbed into existing practices.

Conclusion

The urban area of Bendigo provides a good opportunity for SHEV holders to increase their opportunities and ultimately the wellbeing of themselves and their families. Joining the SHEV program is reflective of the City’s status as a Refugee Welcome Zone and there are likely to be longer term economic and cultural benefits. Option 2 would allow the City to learn from the trials in other SHEV nominated regional areas and assist in mitigating any foreseeable problems. However, a decision to enter into the SHEV program would need to be considered with regards to the availability of employment, study and suitable accommodation.

Attachments

1. Refugee Welcome Zone Declaration 2002 2. SHEV fact sheet 3. Illustration of proposed postcodes.

RECOMMENDATION

That Council:

1. Advise the Municipal Association of Victoria and the Office of Multicultural Affairs and Citizenship of its decision to opt into the Safe Haven Enterprise Visa program,

2. nominate Option 2 selecting the postcodes of 3550 and 3555, and 3. request a further report to investigate future opportunities to broaden the program in

rural areas of the municipality

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