Senate debates Bills

Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026; Second Reading


Lidia Thorpe

Lidia Thorpe Victoria, Independent

6:54 pm

I rise to speak to the Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026. For First Peoples of this continent, elders are at the heart of our communities. They are not just leaders; they are responsible for passing down knowledge and culture and for ensuring connection to family and country. Without their wisdom, guidance and care, we cannot persevere. Despite their importance, our elders have faced inequity in access to care, worsening health outcomes and loss of connection to family, community, culture and country. In 2021, the Royal Commission into Aged Care Quality and Safety acknowledged that the current aged-care system does not ensure culturally-safe care for Aboriginal and Torres Strait Islander older people. Our elders need an aged-care system that puts their lived experience, needs and culture at the centre.

Now, years after the royal commission, the Labor government is legislating for an Aboriginal and Torres Strait Islander aged-care commissioner. But Labor's current bill gives over no power to that commissioner. It is more tokenism and black cladding. They are using yet another blackfella to make it seem like the government cares about our people. This bill doesn't give the commissioner any staff. This bill doesn't even say the commissioner needs to be full time. The commissioner has to take orders from 'master minister', whoever that is, and the commissioner doesn't even have to consult with elders, community or anyone in the First People's aged-care sector on their annual work plan. The only person they have to consult with is their 'master minister'. My proposed amendments to this bill would fix all of these issues to make the commissioner position something more than black cladding.

Let's be clear here: don't mistake a black aged-care commissioner for self-determination. Giving us crumbs is not self-determination. Self-determination means the right to self-governance and to be the architects of our own future. When we say we never ceded sovereignty, it means we never gave up our right to self-determination or to self-governance. When this bill to legislate for an Aboriginal and Torres Strait Islander commissioner is passed, I am sure the commissioner will do their best to advocate for our elders to get more accessible and more culturally appropriate aged care. But, ultimately, they won't have the power to make decisions and change the system. They will be at the hands of the government and depend on what the government is willing to do. As much as the Albanese government might pat themselves on the back for putting another black commissioner in place, one person with very limited powers on their own cannot do much. By putting in black commissioners, the Albanese government can say it is doing something. In reality, my people continue to suffer at the hands of the colonised and unjust child protection system, justice system, health system and aged-care system.

These commissioner positions cannot be tokenistic advisers—we have to see change—like how the Voice was going to give us some tokenistic little advisers on the side. Why don't you just get an adviser? That's all you are doing with this commissioner. Change can only be achieved by First Peoples of this country self-determining their own lives and futures. Labor, you have to stop black cladding. We need action.

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