Tanya Plibersek (Sydney, Australian Labor Party, Minister for Social Services) Share this | Hansard source

I move:

That this bill be now read a second time.

I am honoured to bring to parliament the bill to legislate the National Commission for Aboriginal and Torres Strait Islander Children and Young People.

This bill delivers a permanent, independent statutory agency, led by a national commissioner, with the necessary powers to improve the lives of Indigenous children and young people today and into the future.

Experts and advocates have been calling for these reforms since the 1980s.

SNAICC, the peak body for Aboriginal and Torres Strait Islander children, in their 1991 State of denial report, asked for 'legislation to recognise the unique rights of Indigenous children'.

In 2019 over 70 organisations, children's commissioners and guardians came together to call for a national Aboriginal and Torres Strait Islander commissioner to hold systems and services accountable.

They described the levels of discrimination and disadvantage being faced by Aboriginal and Torres Strait Islander children at the time as 'widespread, systemic and intergenerational'.

Sadly, these sobering assessments have continued, but so too has the tireless advocacy to change them.

Today I want to commend the countless Aboriginal and Torres Strait Islander leaders whose sustained work and unwavering commitment has led to this moment.

I especially want to acknowledge the Safe and Supported Aboriginal and Torres Strait Islander Leadership Group, and all the incredible Aboriginal and Torres Strait Islander state and territory children's commissioners, guardians and advocates for the important role they've played in developing this bill.

And, of course, the voices of a group of 12 Aboriginal and Torres Strait Islander young people who shared advice on what the commissioner can do to make a difference.

They highlighted:

I want to thank them all for the role they've played in bringing this to fruition.

This was a truly collaborative process, and I'm deeply grateful to everyone involved.

I'd also like to thank Lil Gordon, an experienced public servant and effective advocate, for her service as the acting commissioner; the National Children's Commissioner, Deb Tsorbaris; the Aboriginal and Torres Strait Islander Social Justice Commissioner, Katie Kiss; and of course, Sue-Anne Hunter, who is in the gallery with us today, who is now the permanent national commissioner of the body we're legislating today.

Ms Hunter is an inspiring, highly qualified and highly respected leader.

When taking up this role, she said: 'The work is urgent and the statistics are grim. But our children are not statistics, they are our future and they will be at the centre of everything we do.'

I've no doubt that under her leadership, we will reach our shared goal of ensuring that Aboriginal and Torres Strait Islander children and young people have equal access to all of the opportunities that our nation has to offer.

To reach that aim, this bill enables the national commissioner:

We know that the Closing the Gap targets relating to development, child protection, safety and justice are off track.

We know that there is more to do, both at the Commonwealth and state and territory levels—just as we know that to meet Closing the Gap targets, we have to deal with systemic issues.

This bill gives the national commissioner powers to identify and call out persistent disadvantage demonstrated by these alarming figures.

All too often, the views of Aboriginal and Torres Strait Islander children and young people are not heard in the decisions that affect their lives.

The measures in this bill will change that, by listening to their experiences.

The national commissioner will have the power to speak directly with Aboriginal and Torres Strait Islander children, young people, and their families on matters impacting their lives, their hopes, and their futures.

This might mean sitting down with Aboriginal and Torres Strait Islander children in Darebin in Naarm (in Melbourne), or in Redfern on Gadigal country (in Sydney), on Mer Island in the Torres Strait, or in Yuendumu in Warlpiri country (in the Northern Territory), acknowledging and recognising that their opinions and perspectives are fundamental for lasting change.

This bill ensures the best interests of children and young people are at the centre of the commissioner's work—which will be characterised by collaboration and strengthened national coordination.

Where necessary, the commissioner will work with state, territory and Commonwealth agencies to identify and recommend solutions on systemic issues.

The national commissioner will make sure that governments take responsibility for how their policies impact Aboriginal and Torres Strait Islander children and young people, while working to improve outcomes for those children and young people.

This bill also gives the commissioner discretion and independence to conduct inquiries into matters affecting the rights, interests, development, safety or wellbeing of Aboriginal and Torres Strait Islander children and young people—powers that the commissioner will exercise while upholding Australia's international human rights commitments, with respect to Aboriginal and Torres Strait Islander children and young people.

Where appropriate, ministers may request the commissioner inquire into a particular matter.

The commissioner can publish reports and submit them to the minister, to be followed by tabling in parliament within 15 sitting days.

Further, the bill·gives the commissioner information-gathering capabilities, including the option to require information or ask people and organisations to respond to written requests, powers that mean governments are held publicly accountable should they fail to respond to such requests for information and documentation.

Children and young people need to understand their rights to be able to exercise them.

This bill supports the commissioner to help Aboriginal and Torres Strait Islander children and young people understand their rights while also ensuring that their views, needs and experiences inform our decision-making.

In introducing this bill, I can't help but reflect on the many Aboriginal and Torres Strait Islander children and young people that I've met with and been inspired by over many years.

It makes me think of the young people in Redfern who wake up at 6 am three times a week to attend the Clean Slate Without Prejudice program, a program that instils a sense of pride and community through group activities and mentoring, and the amazing mentors that have grown out of that program.

They're making great choices every day. They are disciplined, they're committed and, when they show up, they're learning lifelong skills.

I think of Jasmine Yunupingu, who created the Girl Power Group in 2021. That saw her use her own money to cook and share a meal with victims-survivors of sexual violence, so they felt safe enough to tell their stories.

Or the young Indigenous rangers that I met in Murujuga, who are protecting and managing the now World Heritage listed site and its two million petroglyphs, some of them so old that the tectonic plates of the earth have shifted and they lie on seabed floor. These rangers have shared with me the importance of learning from their elders, managing their cultural heritage and protecting their country for future generations. This has been a common story for all of the young Indigenous rangers that I've met around the country.

And, of course, I think too about the young people on our youth advisory group for the Create Foundation, who are drawing on their experiences in out-of-home care to change the system for the next lot of kids.

Aboriginal and Torres Strait Islander children are heirs to over 65,000 years of continuous culture.

They have a right to learn their culture and language, just as they have a right to stay connected to their country, their family and their community.

And, of course, they have a right to a safe home, a right to health, a right to an education that allows them to find their purpose, to find meaning and to find a job.

Too often, though, government policy has damaged and disrupted their young lives.

It was a Labor government that said sorry for the laws and policies of successive parliaments and governments that created these harms.

It was a Labor government that apologised for the removal of Aboriginal and Torres Strait Islander children from their families, their communities and country.

And, today, it is a Labor government that is promoting and protecting the cultural identity and development of Aboriginal and Torres Strait Islander children and young people with this bill.

To get there, we'll ensure this legislated national commissioner is resourced properly.

Our government is investing a total of $33½ million over the four years from 2025-26 and $8.4 million a year ongoing to support the commission's operation.

This funding will ensure that the national commission has the staff, capabilities and capacity to deliver on and comply with its intended statutory functions and obligations.

What parents and families want for their children is the opportunity to succeed, now and into the future.

When we get it right for children and young people, our entire nation benefits.

Every child deserves to grow up connected to their family, community and culture. They deserve to be heard, to be protected and, of course, to be loved.

They should expect that, with hard work, no job, dream or opportunity is off limits to them.

This bill will drive meaningful change for Aboriginal and Torres Strait Islander children and young people that can be sustained throughout their lives, benefiting each one of them and, of course, all of us as Australians.

Debate adjourned.

See this speech in context