Senate debates

Tuesday, 3 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

7:05 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Regional Development) Share this | | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speech es read as follows—

NATIONAL COMMISSION FOR ABORIGINAL AND TORRES STRAIT ISLANDER CHILDREN AND YOUNG PEOPLE BILL 2026

I am honoured to bring to Parliament the Bill to legislate the National Commission for Aboriginal and Torres Strait Islander Children and Young People.

This Bill delivers a permanent, independent statutory agency, led by a National Commissioner, with the necessary powers to improve the lives of Indigenous children and young people today and into the future.

Experts and advocates have been calling for these reforms since the 1980s.

SNAICC the peak body for Aboriginal and Torres Strait Islander Children in their 1991 State of Denial report asked for "legislation to recognise the unique rights of Indigenous children. "

And in 2019 over 70 organisations, Children's Commissioners and Guardians came together to call for a national Aboriginal and Torres Strait Islander Commissioner to hold systems and services accountable.

They described the levels of discrimination and disadvantage being faced by Aboriginal and Torres Strait Islander Children at the time as "widespread, systemic, and intergenerational. "

Sadly, these sobering assessments have continued, but so too has the tireless advocacy to change them.

Today I want to commend the countless Aboriginal and Torres Strait Islander leaders whose sustained work and unwavering commitment has led to this moment.

I especially want to acknowledge the Safe and Supported Aboriginal and Torres Strait Islander Leadership Group, and all the incredible Aboriginal and Torres Strait Islander state and territory children's Commissioners, Guardians and Advocates for the important role they've played in developing this Bill.

And the voices of a group of 12 Aboriginal and Torres Strait Islander young people who shared advice on what the Commissioner can do to make a difference.

They highlighted:

        I thank them all for the role they've played in bringing this to fruition.

        This was truly collaborative process, and I am deeply grateful to everyone involved.

        I would also like to thank Lil Gordon, an experienced public servant and effective advocate, for her service as acting commissioner, the National Children's Commissioner Deb Tsorbaris, the Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss.

        And of course, Sue-Anne Hunter, who is now the permanent National Commissioner of the body we're legislating today.

        Ms Hunter is an inspiring, highly qualified and highly respected leader.

        When taking up this role, she said:

        "The work is urgent and the .statistics are grim. But our children are not statistics, they are our future [and] they will be at the centre of everything I do."

        I have no doubt that under her leadership, we will reach our shared goal of ensuring Aboriginal and Torres Strait Islander children and young people have equal access to the opportunities our nation has to offer.

        To reach that aim, this Bill enables the National Commissioner to:

                  We know that Closing the Gap targets relating to development, child protection, safety and justice are off track.

                  We know there is more to do, both at the Commonwealth and state and territory levels.

                  Just as we know that to meet Closing the Gap targets, we must deal with systematic issues.

                  This Bill gives the National Commissioner powers to identify and call out the persistent disadvantage demonstrated by these alarming figures.

                  All too often, the views of Aboriginal and Torres Strait Islander children and young people are not heard in decisions that affect their lives.

                  The measures in this Bill will change that, by listening to their experiences.

                  The National Commissioner will have the power to speak directly with Aboriginal and Torres Strait Islander children, young people, and their families on matters impacting their lives, their hopes, and their futures.

                  This might mean sitting down with Aboriginal and Torres Strait Islander children in Darebin in Naarm (Melbourne), or in Redfern in Gadigal Country (Sydney), Mer Island in the Torres Strait, or Yuendumu in Warlpiri Country (Northern Territory).

                  Acknowledging and recognising their opinions and perspectives is fundamental for lasting change.

                  This Bill ensures the best interests of children and young people are at the centre of the Commissioner's work—which will be characterised by collaboration and strengthened national coordination.

                  Where necessary, the Commissioner will work with state, territory and commonwealth agencies to identify and recommend solutions on systemic issues.

                  The National Commissioner will make sure governments take responsibility for how their policies impact Aboriginal and Torres Strait Islander children and young people, while working to improve outcomes.

                  This Bill also gives the Commissioner discretion and independence to conduct inquiries into matters affecting the rights, interests, development, safety or wellbeing of Aboriginal and Torres Strait Islander children and young people.

                  Powers that the Commissioner will exercise while upholding Australia's international human rights commitments, with respect to Aboriginal and Torres Strait Islander children and young people.

                  Where appropriate, Ministers may request the Commissioner inquire into a particular matter.

                  The Commissioner can publish reports and submit them to the Minister, to be followed by tabling in Parliament within 15 sitting days.

                  Further, the Bill gives the Commissioner information gathering capabilities, including the option to require information or ask people and organisations to . respond to written requests.

                  Powers that mean governments are held publicly accountable should they fail to respond to such requests for information and documentation.

                  We know that knowledge is power.

                  And that children and young people need to understand their rights to be able to exercise them.

                  This Bill supports the Commissioner to help Aboriginal and Torres Strait Islander children and young people understand their rights, while also ensuring their views, needs and experiences inform decision-making.

                  In introducing this Bill, I can't help but reflect on the many Aboriginal and Torres Strait Islander children and young people I have met with and been inspired by over the years.

                  It makes me think of the young people in Redfern who wake up at 6am three times a week to attend Clean Slate Without Prejudice—a program that instils a sense of pride and community through group activities and mentoring.

                  They are making good choices every day. They are disciplined, they are committed and each time they show up, they are learning lifelong skills.

                  I also think of Jasmine Yunupingu, who created the Girl Power Group in 2021—which saw her using her own money to cook and share a meal with victim-survivors of sexual violence, so they felt safe enough to tell their stories.

                  I reflect on the young Indigenous rangers in Murujuga who are protecting and managing the now world heritage listed site, and its two million petroglyphs. These Rangers shared with me the importance of learning from their Elders, managing their cultural heritage and protecting their Country for future generations. This has been a common story for an young Indigenous rangers I have met.

                  And, of course, I think often about the young people in the Youth Advisory Group for Create Foundation-who are drawing on their own experiences in out-of-home care to try and change the system. ·

                  Aboriginal and Torres Strait Islander children are heirs to over 65,000 years of continuous culture.

                  They have a right to learn their culture and language, just as they have a right to stay connected to their country, family and community.

                  And of course, they have a right to a safe home; a right to health; and an education that allows them to find their purpose and meet their potential.

                  Too often though, government policy has damaged and disrupted their lives.

                  It was a Labor Government that said sorry for the laws and policies of successive Parliaments and governments that created these harms.

                  It was a Labor government that apologised for the removal of Aboriginal and Torres Strait Islander children from their families, their communities and their country.

                  And today, it is a Labor government that is promoting and protecting the cultural identity and development of Aboriginal and Torres Strait Islander children and young people with this Bill.

                  To get there, we will ensure this legislated National Commission is resourced properly.

                  Our government is investing a total of $33.5 million over 4 years from 2025-26 and $8.4 million per year ongoing to support the Commission's operation.

                  This funding will ensure that the National Commission has the staff, capabilities and capacity to deliver on and comply with its intended statutory functions and obligations.

                  What parents and families want for their children is the opportunity to succeed, both now and into the future.

                  When we get it right for children and young people, the entire nation moves forward.

                  Every child deserves to grow up connected to their family, community and culture. They deserve to be heard, to be protected, and of course to be loved.

                  They should expect that with hard work, no job, dream or opportunity will be off limits.

                  This Bill will drive meaningful change for Aboriginal and Torres Strait Islander children and young people that can be sustained throughout their life, benefiting each one of them, and of course, all of Australia.

                  _____

                  NATIONAL COMMISSION FOR ABORIGINAL AND TORRES STRAIT ISLANDER CHILDREN AND YOUNG PEOPLE (TRANSITIONAL PROVISIONS) BILL

                  The National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026 is part of a package of two bills which together will create the statutory office of the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People and the Commission as a statutory agency.

                  This Bill provides for the transition of the executive agency, established in January 2025, and the incumbent National Commissioner to the permanent statutory agency and statutory office.

                  Debate adjourned.