Kate Chaney (Curtin, Independent) Share this | Hansard source

I rise today to welcome the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill and the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill. These bills mark a significant step towards doing what successive governments have failed to do: listen to Aboriginal and Torres Strait Islander children and young people, act on what we hear and build the structural accountability needed to ensure that they are not left behind.

The government committed, two years ago, to establishing a legislated independent national commissioner, and I'm pleased to see this promise being honoured. I particularly welcome that the bill establishes the commission as a separate statutory agency, with the commissioner recognised as an independent statutory officer. Independence is not symbolic; it's essential. It means the commissioner can speak hard truths, hold government to account and advocate for the safety and rights of Aboriginal and Torres Strait Islander children and young people without fear or favour. Unfortunately, we have a long history of mostly well-intentioned but ultimately ineffective and sometimes damaging policy, and we need independent voices that can call this out.

The power to require individuals or government agencies to provide information or documents, backed by civil penalties for noncompliance, is critical. Without this, systemic issues may remain hidden behind bureaucratic barriers. This is the first national role solely focused on First Nations children and young people. The commissioner will be able to hear directly from children, young people and their families, ensuring that their voices are reflected in advice to government and in the design of programs and services. This should never have been revolutionary, but it has the potential to be transformative. From my experience working in various roles attempting to address Indigenous disadvantage, I've learned that the only path to success is listening and co-developing, centring the experience of people affected by policy in the design and development of that policy.

I also welcome the bill's clarity on the rights, safety, development and wellbeing of Aboriginal and Torres Strait Islander young people and that they must be understood in a manner that's consistent with their cultures and their communities. The commission is resourced with $33 million across the forward estimates and more than $9 million ongoing. Proper resourcing is what allows intent to translate into outcomes. It means research, education programs, community engagement and public advocacy can be done well and in partnership with communities.

I also welcome the commissioner's capacity to prepare and table reports directly to the parliament. This will help to provide a vital lever for sustained scrutiny and action, ensuring the commission's findings, systemic issues and recommendations are placed squarely before the parliament rather than filtered through government agencies. I note, importantly, that this bill has been shaped by significant input from Aboriginal and Torres Strait Islander community representatives and that it's been welcomed by both SNAICC and the Australian Human Rights Commission. These are strong signs, but I want to be clear: a strong commission does not guarantee a strong government response. We've seen too many reports and too many recommendations left to gather dust, including 55 reports from parliamentary committees commissioned by this government and not responded to within the required timeframe. That's a lot of work sitting on the shelf.

Given the disproportionate disadvantage faced by Aboriginal and Torres Strait Islander children and young people, especially the overrepresentation of young people in out-of-home care and youth detention, this commission will only succeed if its findings drive government action. So today I welcome these bills but I also put the government on notice: independence, powers and resources mean nothing unless matched by the courage to act. This commission gives us the chance to shift the trajectory for Aboriginal and Torres Strait Islander children and young people. My hope is that we seize it—that we listen and we act—and that this commission's reports are not just tabled in this parliament but taken seriously, implemented and responded to with the urgency and respect that First Nations children deserve.

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