Sharon Claydon (Newcastle, Australian Labor Party) Share this | Hansard source

I rise to speak in very strong support of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026. I just listened to the member for Durack's contribution, and I'm really struggling. How anyone stands in this House—knowing everything that we do and on the eve of a Closing the gap report that's going to remind us again of the work that still needs to be done—to speak against a bill that is to protect Aboriginal and Torres Strait Islander children is gobsmacking.

I speak to the rest of the Australian community, who are trying to understand this debate that is happening in this House tonight. I want you to be assured that this is a very significant and necessary piece of legislation. It speaks directly to our responsibility as parliament to protect the rights, wellbeing and futures of First Nations children and young people, the first children of this country. This bill recognises a fundamental truth: that Aboriginal and Torres Strait Islander children continue to experience disproportionate disadvantage but, more than that, that there are harms and systemic failures that we know of. We must acknowledge that, and addressing those outcomes requires much more than goodwill or practical good deeds. We are talking about structural, systemic inequalities and failures. It requires enduring structures, accountability and a national commitment to listening to the voices of children themselves. This parliament doesn't have voices of children. Children depend on those of us who stand here and try to give voice to their concerns, to their futures and to their desires and aspirations.

The establishment of a permanent, independent national commission dedicated to Aboriginal and Torres Strait Islander children and young people is a longstanding call from First Nations leaders, communities and organisations, and this bill answers that call. So it is unbelievable for me to hear the opposition say they're not supporting this bill. I have lived in the member for Durack's electorate. I know the communities she represents, and the fact that she could not support this bill will be deeply hurtful. I can assure her of that.

The scale and urgency of the systemic failures facing First Nations children and young people are profound, and we need to acknowledge that very much upfront. Aboriginal and Torres Strait Islander children and young people continue to face high and persistent levels of disadvantage. We have heard speaker after speaker talk about the fact that First Nations kids are 11 times as likely to be in out-of-home care and 27 times as likely to be in youth detention as non-Indigenous children. Nobody could seriously suggest that that is okay. The idea that we do nothing is negligent, and that's the kindest word I could bring to the debate this evening. They're also more likely, of course, to experience developmental vulnerability and poorer health and education outcomes, and these outcomes are not the result of individual failure. I think that is the point that we're trying to make here. They are the product of systems that have too often been designed without these children at their centre—systems that fail to properly recognise culture, family, community and self-determination as strengths.

That is why the establishment of a national commission matters so deeply and why this legislation has such strong support from those working at the front line. More than 70 Aboriginal and Torres Strait Islander organisations across Australia, advocates, service providers and peak bodies have united behind this reform. They are calling for a legislated, independent national advocate with the authority to drive systemic change, not simply observe it. By establishing a national commission with a clear legislative mandate, this parliament is responding to that call and recognising that First Nations children and young people deserve nothing less.

The national commission will have a clear and focused purpose. It will promote and protect the rights and interests of Aboriginal and Torres Strait Islander children and young people. It will examine systemic issues affecting their wellbeing across areas such as child protection, health, education, housing and youth justice. And it will conduct inquiries, provide advice, make recommendations to governments and institutions and report publicly on progress and failures. It's an accountability measure for all of us as well. Importantly, it will elevate the voices of children and young people themselves, making sure that their lived experience inform policy development, service delivery and legislative reform. We hear from this debate tonight just how critical it is to ensure those voices are heard.

Independence is a defining feature of this bill. The commission will operate independently of government, as it should, with the authority to speak openly, as it should. It will investigate systemic problems and make recommendations without fear or favour. And that is how it should be. That independence matters. It ensures credibility, it ensures transparency and it ensures that Aboriginal and Torres Strait Islander children and young people are not silenced by political convenience or bureaucratic inertia. This parliament has a responsibility not only to create policies but to create mechanisms that hold systems to account when those policies fail. The national commission is such a mechanism.

I represent the electorate of Newcastle, a region with a very strong and proud Aboriginal community. The Awabakal and Worimi peoples have cared for those beautiful lands that I get to live on now for more than 65,000 years, and their continued contribution is fundamental to Newcastle's identity and community life today. But the challenges facing Aboriginal and Torres Strait Islander children nationally are not abstract. They are experienced locally by families in Newcastle and across the Hunter, and every single member in this House would say the same if they were to remain true to their heart and representation. Aboriginal families in my region engage every day with child protection, education, health and justice systems that are shaped by national laws, national standards and national policy settings. What happens at the national level directly affects outcomes on the ground, and that's why this bill matters to Newcastle. By strengthening national oversight, advocacy and accountability, it also strengthens the systems that are operating locally. It ensures that Aboriginal and Torres Strait Islander children in Newcastle benefit from a strong national advocate who can elevate local concerns, support local voices and drive change where systems are falling short. It reinforces the principle that children's wellbeing should never be a postcode lottery and that, when disparities exist, they demand national leadership alongside strong local action.

This bill reflects Labor's longstanding commitment to improving outcomes for First Nations people through partnerships, respect and action. The Albanese Labor government has placed Closing the Gap at the centre of its agenda, recognising that genuine progress requires shared responsibility across all levels of government. We have strengthened the investment in early childhood education and care, recognising that the earliest years are critical to lifelong outcomes. We've supported community controlled organisations because Aboriginal led services deliver better, more culturally appropriate outcomes. And we have prioritised listening, ensuring that policy is informed by First Nations voices rather than imposed without consultation. The establishment of this national commission builds on that record. It is the result of extensive engagement with Aboriginal and Torres Strait Islander peak bodies, with child and family organisations and with advocates who have long called for a national mechanism focused specifically on children and young people. This bill is not symbolic; it is practical structural reform.

It's important to acknowledge why this legislation is necessary. Australia has no shortage of reports, inquiries and recommendations concerning Aboriginal and Torres Strait Islander children. What has too often been missing is sustained implementation and accountability. Without a permanent national body, attention shifts, priorities change and momentum is lost. The national commission addresses that gap. It ensures continuity. It ensures expertise. It ensures that progress, or lack thereof, is visible and measurable over time. This bill is about moving beyond short-term responses to long-term solutions.

Some may argue—as, indeed, we've heard tonight—that this bill creates another layer of governance. But this commission is not about duplication. It is about coordination and accountability. It does not replace existing services or agencies; it strengthens them by identifying gaps, highlighting best practice and driving reform where systems are failing.

Others may suggest that a targeted focus on Aboriginal and Torres Strait Islander children is unnecessary, but the evidence clearly shows that outcomes are not equal, and equity demands a targeted response. Treating unequal outcomes with identical solutions does not deliver fairness; it entrenches disadvantage. This bill recognises that principle.

This legislation is in the national interest. When Aboriginal and Torres Strait Islander children thrive, communities are stronger, economies are stronger and our nation is stronger. Investing in children's wellbeing reduces long-term costs associated with poor health, disengagement from education and involvement in the justice system. But, more importantly, it reflects our values as a nation. This bill affirms that First Nations children are not an afterthought; they are absolutely central to our future.

There is also a moral responsibility at the heart of this legislation. Australia's history includes policies that caused profound harm to Aboriginal families and children. The impacts of those policies continue to be felt today. While this bill cannot undo the past, it represents a commitment to doing better and to ensuring that future generations of Aboriginal and Torres Strait Islander children are supported, that they're protected and that they're heard. It's recognition that structural change is required to prevent the repetition of past failures.

Deputy Speaker Scrymgour, I don't need to tell you how important this legislation is. I heard your speech, and I know your work and your lifelong commitment to ensuring the protection of Aboriginal and Torres Strait Islander children. But the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 represents a decisive step forward. That anyone would oppose this is beyond me. I really implore those members opposite to rethink their position here. There is not a single First Nations organisation, advocacy group or community not calling for this bill. You do a grave disservice to each and every one of them by opposing this bill. This is a bill that will establish a permanent, independent advocate for children who have too often been unheard,. It strengthens accountabilities across government and systems; it reflects Labor's commitment to partnership, reform and long-term change; and it affirms a simple but powerful principle—that every child in Australia deserves safety, dignity, opportunity and a voice. That's why I commend this bill to the House. That's why I ask members of the opposition and members of the crossbench to lean in and support this bill. You know your communities will thank you for it, and I ask that you look into your deepest conscience and see if you can't bring yourselves to support a bill in the national interest.

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