Senate debates

Monday, 23 March 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

1:13 pm

Photo of Jana StewartJana Stewart (Victoria, Australian Labor Party) Share this | Hansard source

I rise today to speak in support of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026. I think that the opposition's position on this bill is very telling. They think that we would blame the national commissioner for the systemic failures across the nation that our children are experiencing. That is absolutely not the intention of something like this. In fact, it is the opportunity for the commission to reflect back to government where the failures are in the system that are letting down our children.

While those opposite might be afraid to have some of the failures that happened under their watch reflected back at them through a position like this, we are very happy to hear, from people like the commissioner, where it is that government can be doing better. This is not about blaming other people; this is actually about holding government accountable on the things that we say we are going to do. That's what this commission will have the opportunity to do.

Right now, in this chamber, we do have a chance to write the next chapter for First Nations children—one that gives them strength, dignity and the promise of a future that they deserve. This moment has been hard won. For decades, Aboriginal and Torres Strait Islander leaders and community organisations have pushed for a national voice that could stand up for their children and hold systems to account. In 2019, more than 70 organisations came together to call for a national commissioner, to hold systems accountable and improve outcomes for our children. Now, again, those opposite are choosing to not listen to the voices of Aboriginal people. Seventy organisations came together and asked for this commission. For decades, they've been asking for something like this. And this government is acting on that ask. It is a simple thing to do. I want to recognise the work of those leaders and the people who have pushed for change and refused to have our children be overlooked.

This legislation strengthens accountability and oversight in areas where progress for Aboriginal and Torres Strait Islander children has stalled. It establishes a dedicated, independent national advocate for Aboriginal and Torres Strait Islander children and young people, backed by $33.5 million in new funding and $8.4 million a year, ongoing, to support the commission's operations.

Unlike the way those opposite have categorised it, this is not 'pie'—it's not like spending money here means you're taking money from the front lines. That is not how it works. This is a 'both and': you need to continue to fund the front lines as well as making sure that we have somebody looking, nationally, at the systems that support our kids and being able to reflect that back to government when they're not working. This is a 'both and'; it's not an 'either or', as it has been categorised in this chamber.

This bill equips the national commissioner with the authority and powers needed to ensure a unified approach across governments, strengthen accountability and confront the systemic barriers that continue to disadvantage our children and young people. Concretely, this bill gives the national commissioner clear statutory functions and operational powers to undertake inquiries and research into systemic issues; to hear directly from Aboriginal and Torres Strait Islander children and young people and families and support their participation; to run education and rights-awareness programs for children—that's really important; to promote and enhance coordination across Commonwealth, state and territory agencies, commissioners and community organisations—again, that's incredibly important; to advise government on policy, program design and service delivery—again, it's really important to get that information from the people who are doing the frontline work, as you can't just make things up on the run as those opposite might like to do; and to use information-gathering powers to require responses from agencies, so that recommendations don't get ignored—that seems important to me. Like other independent oversight bodies, the commissioner will have the authority to conduct inquiries, make formal recommendations to government and engage in public advocacy, research and education.

I also want to acknowledge Professor Sue-Anne Hunter, who will serve as the first national commissioner. I have known Sue-Anne for many years; we first met when we both worked at VACCA, the Victorian Aboriginal childcare agency, many years ago. As a social worker, and as a passionate advocate for First Nations children and families, she has dedicated her career to improving the outcomes for our young people. I know she will bring her heart, her experience and her unwavering commitment to standing up for every First Nations child.

What makes this office unique is that it is the only national position solely focused on the rights, wellbeing and bright futures of Aboriginal and Torres Strait Islander children and young people. If we're serious about closing the gap, then we can't keep accepting a system where Aboriginal and Torres Strait Islander kids are 11 times more likely to be in out-of-home care. That is the same system where First Nations young people are 27 times more likely than non-Indigenous young people to be in youth detention. On top of that, only around one in three Aboriginal and Torres Strait Islander children, 33.9 per cent nationally, are assessed as being developmentally on track across all five domains when they start school.

These figures reveal the systemic scale of the challenge that this bill will absolutely work to change. This commission will help change that story. These young people are descendants of the world's oldest continuous living culture, spanning more than 65,000 years. They deserve the chance to grow up connected to their family, community, culture and country. This bill acts as a strong accountability mechanism that ensures the government fulfils its commitments to our children and families. These aren't just numbers. They are nieces, nephews, cousins—the children of our communities. They deserve to grow up with family, culture and country and with the freedom to hope. This bill gives them a fighting chance to do exactly that, and it's on us to make sure that we don't let them down.

Today many First Nations children face uncertainty every day. They move between homes, struggle to access consistent support and risk losing connection to their families and culture. With this bill, their daily lives could look very different. Children would have advocates ensuring that they receive the services they need and that they remain connected to their communities and country. This bill gives these children the chance to grow up feeling seen and connected to who they are and where they come from. It gives them somebody who is always in their corner. It gives them someone who will stand with them when systems fail them and a way to be heard in decisions that shape their lives. We cannot let them down.

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