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New Zealand is the fourth largest contributor to net overseas migration in Australia, with the biggest concentration of hard-working Kiwis based in or around Queensland’s coast.
Most New Zealand citizens enter Australia on a Special Category Visa, and they are most commonly employed in the construction, food and accommodation, and healthcare industries. As of 1 July 2023, Kiwis have a new pathway to Aussie citizenship, provided they meet the eligibility criteria and have resided in Australia for four years. This recent cutting of red tape makes the beach lifestyle a great option for many Kiwis.
Despite this recent change, there are still real vulnerabilities faced by Kiwis still on a Special Category Visa if they get injured while in Australia.
It is important to consult a lawyer if you have been injured and believe someone else may be at fault. We are here to help you navigate these challenges. Australia’s laws apply to Kiwis in complex ways, so it’s important to find out where you stand and what your options are.
In Queensland, there are schemes that provide support to everyone in certain circumstances:
But there are workers who don’t fall into one of the circumstances set out above.
Others might have received support temporarily, but their benefits have ceased while their injuries still prevent them from returning to work.
Here’s a hypothetical example:
Bill is a Kiwi working as a labourer on a construction site in Queensland. He’s only ever worked in very physically demanding jobs. He hurts his back when he’s at work. He received WorkCover benefits for a while, but now the claim is closed and he can’t go back to work in construction. Now, Bill can only do light duties or desk work. He needs to retrain or engage in some further study to do this, but he can’t afford it. He has bills coming in and a young family to support.
Most Aussies in this same position can contact Centrelink to access Jobseeker Allowance, Sickness Allowance, or Disability Support Pension.
However, it gets tricky for injured Kiwis. New Zealand citizens are only entitled to access the above benefits in very limited circumstances.
If you have lived in Australia for at least ten years, you can access JobSeeker for a single period of up to 6 months. You may be able to access a Disability Support Pension for a serious disability.
Needless to say, this excludes most injured Kiwis.
You may be able to make a claim for income protection through your superannuation, but not everyone has automatic cover in their policy, and often there are lengthy wait periods to get cover.
You may also need to retrain or enrol in a course of further study in order to obtain employment in a new field or occupation. Kiwis are disadvantaged again, because Special Category Visa Holders are not entitled to Austudy or HELP Student loans.
Setting aside the issue of getting back to work after an injury, New Zealand citizens living away from family and friends will also need day-to-day assistance and support with daily living, if living with an injury. New Zealand citizens are not able to access the National Disability Insurance Scheme until they become Australian citizens.
Special Category Visa holders cannot access public housing in Queensland. Given the rising cost of living, it’s easy to see how injured Kiwis in Australia can find circumstances quickly going from bad to worse.
On the other side of the water, the situation’s a little easier for Aussies living in New Zealand, who can access a much wider range of benefits there, including disability allowance and unemployment benefits if they find themselves out of work. For this reason, it’s possible that many Kiwis chasing the beach life here in Australia may not be aware of these challenges until the situation arises.
Maurice Blackburn Lawyers can provide advice about superannuation, personal injury claims and your eligibility for the National Injury Insurance Scheme (Queensland). Contact us to arrange a free initial consultation or use our free claim check tool.
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Our specialist work injury lawyers are here to help. If you've suffered an injury at work that has affected your physical or psychological wellbeing, we can help you get back on track so you can focus on getting better. Find out how we can assist you with your work injury claim.
We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.