Ash Ambihaipahar (Barton, Australian Labor Party) Share this | Hansard source

Aboriginal and Torres Strait Islander children are dramatically overrepresented in systems that intervene when things go wrong, like child protection, out-of-home care and youth detention, while being underrepresented in systems that provide opportunity, stability and early support. When we say Aboriginal and Torres Strait Islander children are far more likely to be removed from their families or detained at a young age, we are not talking about isolated failures; we're talking about patterns that repeat across jurisdictions, across generations and across policy cycles.

During my time at the St Vincent de Paul Society as a regional director, I had the opportunity to look after the Vinnies Support Centre but also to work very closely with Vinnies Services. I recall a number of the workers in those teams telling me that, sometimes, children who come to their attention have already been failed by multiple agencies—a very similar vein of what was presented through the contribution of the member for Warringah. Health concerns are flagged but not followed up, school disengagement is noted but not supported, and family stress is recognised but left to escalate. By the time the system intervenes decisively, the harm is already entrenched. That is the cost of disconnected systems and absent accountability. These bills respond to that reality by establishing a national commissioner whose sole focus is Aboriginal and Torres Strait Islander children and young people, not as an add-on to an existing role but as a dedicated national advocate with real authority.

The creation of a national commissioner fills a longstanding gap in our governance framework. While there are many individuals and organisations that are doing very important and vital work at the state, territory and community level, there has been no single independent national voice empowered to look across systems, identify where they are failing and press governments to act. The commissioner established under these bills is not intended to manage programs or deliver services. Instead, the role is designed to ask the harder questions: Why do the same problems keep occurring? Why do the same children keep cycling through the same systems? And why does reform move so slowly when the consequences are absolutely very severe? The commissioner will provide advice that is informed not only by data and policy analysis but by the voices and experiences of children and young people themselves. These bills ensure that those voices are no longer an afterthought.

One of the most important features of this legislation is that it deliberately moves away from a deficient based narrative. Rather than defining Aboriginal and Torres Strait Islander children and young people solely by disadvantage, these bills recognise their strengths—cultural knowledge, resilience, leadership and connection to community. The commissioner's role is not just to identify what is broken but to highlight what works and to promote approaches that are community led, culturally safe and evidence based. That matters because, too often, good practice exists in the pockets but never scales up. Programs that succeed in one place fail to influence policy elsewhere. Lessons are learnt, and then they're forgotten, and then they're relearnt a number of years later. A nationally coordinated commission helps break this cycle.

This bill equips the national commissioner with a broad and practical set of functions. The commissioner will be able to examine how Commonwealth policies and programs affect Aboriginal and Torres Strait Islander children and young people and to advise government on how those policies can be improved. They will be able to investigate systemic issues, not individual cases, and make recommendations aimed at preventing harm rather than responding to it after the fact. They will be able to speak publicly, to advocate independently and to engage directly with children and young people across the country. Importantly, the commissioner will also play a role in supporting young people to understand and assert their own rights. That empowerment is very critical. This commission helps ensure that children know they have a voice and that their voice matters.

One of the consistent failings in this policy space has been the absence of sustained accountability. Targets are set. Reports are written. Recommendations are accepted. But then what happens? This legislation embeds accountability by giving the commissioner the power to monitor, report and advocate over time. It creates a mechanism that cannot be quietly wound back when attention shifts elsewhere. This is particularly important in areas such as out-of-home care and youth justice, where Aboriginal and Torres Strait Islander children continue to experience disproportionate harm. The commissioner will be able to draw attention to systemic drivers like poverty, housing insecurity, intergenerational trauma and a lack of access to services, and to push governments to address causes not just symptoms. That work directly supports the Closing the Gap framework and strengthens our collective ability to meet those commitments.

I had the opportunity to listen to a number of contributions, including that of the member for Moncrieff, and I do recall that she spoke about duplications. This commission is not about duplications. The national commissioner will work alongside state and territory children's commissioners, guardians and advocates as well as other Commonwealth roles, including the National Children's Commissioner and the Aboriginal and Torres Strait Islander Social Justice Commissioner. The bill establishes clear pathways for collaboration and referral, ensuring issues are handled by the most appropriate body while maintaining a national overview. This coordinated approach reflects the reality that children's lives do not fit neatly within bureaucratic boundaries. Their experiences go across jurisdictions, portfolios and responsibilities, and our systems must be able to do the same.

The decision to establish this commission through primary legislation is deliberate and necessary. Without legislative backing, the role lacks the independence, the authority and the durability required to drive change. Interim or administrative arrangements simply do not provide the tools needed to conduct inquiries, compel information or report formally to parliament. Legislation sends a clear message that this commission is not temporary, discretionary or symbolic. It is a lasting part of our national architecture, and that matters, particularly to communities who have seen too many well-intentioned initiatives come and go.

The call for a legislated national commissioner has not come from government alone. It has come from Aboriginal and Torres Strait Islander advocates, leaders and organisations over many years. More than 70 organisations have publicly supported the establishment of this role, recognising the need for an independent national body dedicated to children and young people. The development of this bill has been informed by extensive consultation, and the involvement of the current national commissioner, Adjunct Professor Sue-Anne Hunter, has been integral to shaping its design. The legislation also reflects agreed minimum standards developed through shared decision-making processes, with Aboriginal and Torres Strait Islander leadership and governance. This is reform grounded in partnership, not imposed from above.

Since the commission was established in early 2025, meaningful work has already begun. Relationships have been built with community controlled organisations, networks have been formed across jurisdictions and advice has been provided on policy reforms affecting children and young people. Foundational work, including the development of child-safe and culturally appropriate engagement frameworks, has laid the groundwork for the commission's future role. This bill ensures that that work is not only continued but strengthened.

This legislation represents an opportunity to do something that has too often been delayed: to implant accountability, elevate voices and confront systemic failure with honesty and resolve. Aboriginal and Torres Strait Islander children and young people deserve systems that see them, hear them and support them to thrive. They deserve policies shaped with them, not just for them. By passing this bill, we take a meaningful step towards the future—one where government listens earlier, acts smarter and remains accountable much longer.

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