House debates

Tuesday, 10 February 2026

Bills

National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026, National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026; Second Reading

5:53 pm

Photo of Madonna JarrettMadonna Jarrett (Brisbane, Australian Labor Party) Share this | Hansard source

I rise to support the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026. First Nations people are the traditional owners of the land on which this House resides, of my electorate in Brisbane—Meanjin, the place of the blue water lilies—and of all parts of our great country. First Nations culture is the oldest continuous culture in the world—some 65,000 years. Their connection to land, waterways and the spirits that connect past, present and future are very special, and it's a privilege for me to be here in this House and walk this land with Aboriginal and Torres Strait Islander people, who history frankly has not been kind to and who still suffer because of serious injustices and structural failures.

Today, Aboriginal and Torres Strait Islander people maintain strong connections to culture, language and traditional lands. They contribute significantly to the environmental management, economic development and cultural identity of Australia. But the fact is that they do remain underrepresented and face significant hardship. The fact is that colonisation of Australia has negatively affected Aboriginal and Torres Strait Islander people and their communities. This is important to note when considering experiences of disadvantage, discrimination and hardship. From Brisbane to Far North Queensland, the Kimberley and beyond, you don't have to look too far to see the disadvantages. On this side of the House, we are committed to improving life outcomes for First Nations people, including Aboriginal and Torres Strait Islander children and young people.

In my first speech, I relayed the story of my segregated kindergarten, which was a complete contrast to my home, where we ran around the neighbourhood with our Aboriginal friends. I never understood it then, but what it did was ingrain in me the importance of equality and the harm of discrimination. This too is reflected in other remarks I made at that time, which were that everyone, regardless of their heritage, skin colour, sexual orientation, religion or ability must be afforded equal rights and feel safe in our communities. None of us are better than the next, and there must be truth-telling of the historical and cultural current injustices facing First Nations people. Their history is unique, and we should know it, embed it, celebrate it and use it to advance reconciliation and walk forward together as a strong nation.

This government's commitment to establishing a national commission for children and young people goes towards that—towards recognition and towards reconciliation. Why is it so important? We've heard some statistics, but I will raise a few more. These statistics are troubling indeed and provide a stark reminder to this House that there is more work to do. I have to say, hearing the examples from the member for Lingiari, she really spelled out some of these structural failures. She brought that to life with real stories.

In Australia, there are almost one million Aboriginal and Torres Strait Islander people. This represents just over three per cent of the population. In the Brisbane electorate, my electorate, 1.8 per cent of the population identify as Aboriginal and/or Torres Strait Islander. The median age is 24, and one-third of that population is under the age of 15, highlighting a younger demographic that we need to consider. Forty per cent live without two or more essentials for a decent standard of living. Those essentials could be housing, clean water or food. The median weekly household income for First Nations people is 28 per cent less than for non-Indigenous people, and the gap stretches to 50 per cent in some areas. On housing, First Nations people represent three per cent of the population but hold approximately 18 per cent of social housing tenancies; 20 per cent live in overcrowded housing conditions. That's much higher in remote communities, estimated at more than 50 per cent. Almost 25,000 Aboriginal and Torres Strait Islander people were estimated to be experiencing homelessness in 2021, representing over 20 per cent of the total homeless population. As somebody who volunteered at 3rd Space, where we had a number of visitors, they were well and truly overrepresented. Thirty-nine per cent of First Nations people aged 20 years and over had year 12 as their highest level of school completion.

Let's go into health. Approximately 49 per cent of Aboriginal and Torres Strait Islander people have at least one chronic condition. Diabetes, high cholesterol and mental health issues are the most prominent. We all know life expectancy is much lower. I also understand that a large number of adults experience high or very high levels of psychological distress.

Let's jump to the justice system. We all know that Aboriginal and Torres Strait Islander people are significantly overrepresented in the Australian justice system, comprising 37 per cent of the total prison population as at June last year, despite only making up roughly three per cent of the population. It's appalling. They're over 12 times more likely to be incarcerated than non-Indigenous Australians with, sadly, women being the fastest growing cohort. Aboriginal and Torres Strait Islander children and young people are 11 times more likely to be in out-of-home care and 27 more times likely to be in youth detention. We heard this earlier today. The system is clearly not working, and these figures highlight the need for government to act and to work with Aboriginal and Torres Strait Islander communities in closing the gap and implementing reforms like establishing the National Commission for Aboriginal and Torres Strait Islander Children and Young People.

This commission has been in the making for a very long time. I understand that Muriel Bamblett AO, CEO of the Victorian Aboriginal and Community Agency and co-chair of the Our Ways—Strong Ways—Our Voices steering committee, called for a standalone commission back in 1990, and that that followed the State of denial report about the neglect and abuse of Indigenous children in the Northern Territory; the member for Lingiari spoke about this. Let's put that in perspective: that's a quarter of a century ago. This morning, I, along with others in this chamber, heard from Muriel, Aunty Violet Sheridan and others, who relayed their personal stories, including stories of domestic violence. These are real stories of real people. It's why we have to do something. It's why, with Minister Plibersek, they launched the first-ever National Aboriginal and Torres Strait Islander Plan to End Family, Domestic and Sexual Violence 2026-2036. It's another landmark reform.

The national commission fills a gap to ensure the voices of Aboriginal and Torres Strait Islander children and young people are strongly reflected in the advice to government, as it should. The position of commissioner provides a strategic, nationally coordinated focus to raise systemic issues and Australia's human rights commitments. We know that, of the Closing the Gap targets related to children and young people, those related to development, protection, safety and justice are just off track. As I've said before, it's just not good enough. Who better to know the root cause and extent of problems facing Aboriginal and Torres Strait Islander people—and, importantly, how to potentially address them—than Aboriginal and Torres Strait Islander people themselves? That's what these bills are about.

The Albanese government will work with families, communities, the commissioner and the states and territories to make sure all Aboriginal and Torres Strait Islander children have the best start in life. The powers of this commission will be similar to other commissioners, guardians and advocates, including conducting inquiries, making recommendations to government, public advocacy, research and education. However, this role is the only one at a national level with a sole focus on Aboriginal and Torres Strait Islander children and young people. With a focus on Aboriginal and Torres Strait Islander young people, the commissioner will promote their rights, interests, development, safety and wellbeing, and build on their strengths; improve development, safety and wellbeing outcomes for them; and identify systemic issues and barriers to their development, safety and wellbeing.

The bills enable the national commissioner to provide advice to government on the development and delivery of relevant policies, programs and services that affect Aboriginal and Torres Strait Islander children and young people; to undertake research into systemic issues and barriers that affect their rights, interests, development, safety and wellbeing; to provide educational programs for Aboriginal and Torres Strait Islander children and young people to empower them to promote and advocate for their views, their needs and their experiences on matters that affect them; and to publicly advocate to promote their rights, interests, development, safety and wellbeing, amplifying their voices and strengths. The government is putting money behind this—$33.5 million, in fact, over four years, with a further $8.5 million that will support the national commission's continued operations.

The legislation for the national commission delivers on the government's commitment to respond to years of advocacy by around 70 Aboriginal and Torres Strait Islander and non-Indigenous organisations from across Australia. It draws on extensive consultation with Aboriginal and Torres Strait Islander peak bodies, leaders, organisations and community representatives. The national commissioner has the potential to make significant and lasting impacts on the lives of more than 400,000 Aboriginal and Torres Strait Islander children and young people nationwide. It is another step by the Albanese Labor government to close the gap facing Aboriginal and Torres Strait Islander people.

Earlier today, I mentioned that we saw the launch of Australia's first standalone plan that strives for a future where Aboriginal and Torres Strait Islander women and children can live free from violence. We know Aboriginal and Torres Strait Islander women face unique and significant barriers to getting help. They are seven times more likely to be victims of intimate partner homicide and 27 more times more likely than non-Indigenous women to be hospitalised due to family violence. I hear that this can increase to 41 times greater than that in regional and very remote communities. Aboriginal and Torres Strait Islander women have been steadfast in their advocacy to be safe and to be heard, and the plan announced this morning was one part of that. They have been calling for strong action, and the Albanese Labor government is doing just that.

So I'm proud to be part of a Labor government that has introduced this significant reform today into the House. Australia has a proud history of hope and achievement, yet there are still so many areas where outcomes are not improving fast enough. We can do better. We must do better. The task before us is to build a future in which all Australians have access to the same opportunities. The establishment of this national commission will play a crucial role here. It is based on understanding that when Aboriginal and Torres Strait Islander people have a genuine say in the programs and services that affect them, better outcomes are achieved.

We cannot pretend we are fully measuring up to the fair go when basic needs like health care, a safe home and educational opportunities are not afforded to Aboriginal and Torres Strait Islander people as they are to others. This community of young people is our future. Their voices must be embedded in the systems and the decisions that affect their lives. This bill is about supporting self-determination. It's also about bringing to life what many Aboriginal and Torres Strait Islanders have discussed with me, which is, 'Nothing about us without us.'

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