Another layer
Critics said the bill could add another national layer that duplicates existing roles instead of improving services for children.
National Commission for Aboriginal and Torres Strait Islander Children and Young People
Current status
This bill became law on Mar 26th, 2026.
Policy area
Culture, sport & community
What does this bill do?
The bill sets up the National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. in law as its own agency, led by a National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission..
Why was it introduced?
The National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. had begun operating as an executive agencyA government agency created administratively, not by legislation, and usually less independent., leaving it without the legislated status and strengthened independence sought for Closing the Gap. This bill puts the commission into law as its own statutory agency, led by a National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. to advance the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people.
Broader context
After the Prime Minister committed to a legislated First Nations children’s commissioner, the National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. began operating in 2025 as an executive agencyA government agency created administratively, not by legislation, and usually less independent. rather than an independent body created by law. Because it still lacked the legal standing and stronger independence needed to hold systems to account, this bill set it up in legislation as its own agency with a National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. and powers to obtain information.
Key criticism
Critics worried the new commission could become another national body that reports problems but cannot make governments act, while its broad information powers could also put children and families at risk if the safeguards are too weak.
Who supported it?
The Labor government introduced this bill. In the recorded House second-reading vote, support came from Labor, Centre Alliance, Greens, some crossbench members; opposition came from Liberal, LNP of Queensland, Nationals, One Nation.
Introduced in House 05 Feb 2026
Passed House 11 Feb 2026
Passed Senate 25 Mar 2026
Became law 26 Mar 2026
Did it become law?
Yes
Became law 26 Mar 2026
Final passage
No counted final vote
1 recorded vote on the bill was found earlier in passage, but the final chamber agreement was not a counted division.
Passage speed
48 days
From introduction to the latest recorded parliamentary step
Meaning
What does this bill do?
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The bill sets up the National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. in law as its own agency, led by a National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission.. Its job is to advance the interests of Aboriginal and Torres Strait Islander children and young people as part of the government’s Closing the Gap response.
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The Commissioner would focus on the rights, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people. The role includes helping governments work together, advising the Commonwealth, doing research and public advocacy, and working with young people so they can understand and speak up for their rights and leadership.
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The National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. must always be an Aboriginal and/or Torres Strait Islander person. Aboriginal and Torres Strait Islander peoples would help design the selection process so it reflects the interests and needs of children and young people.
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The bill lets the National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. require people, government bodies and officials to provide relevant information or documents. This gives the office a practical way to look into issues and do its work.
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The bill sets rules for how information gathered under it can be used and shared. Information can be shared in some cases to help prevent a threat to someone’s life, health or safety, and unauthorised sharing of protected information by the Commissioner or staff would be a criminal offence.
Show source excerpts
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The Bills establish the National Commission as a Statutory Agency and the National Commissioner as a statutory officer, with the functions and powers to advance the interests of Aboriginal and Torres Strait Islander children and young people as a key component of the Australian Government’s response to meeting commitments under the National Agreement on Closing the Gap.
Explanatory memorandum -
Part 2 continues the existence of the office of National Commissioner as a statutory office and includes its functions and powers. It also specifies the independence of the office and includes provisions about the selection and appointment terms of the National Commissioner. The functions are focused on the rights, interests, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people and include enhancing coordination among Australian governments, providing advice to the Commonwealth, undertaking research, education and public advocacy, and engaging with a broad range of Aboriginal and Torres Strait Islander children and young people and support them to understand and assert their rights, agency and leadership.
Explanatory memorandum -
The Bill provides that the National Commissioner will always be an Aboriginal person and/or Torres Strait Islander and that Aboriginal and Torres Strait Islander peoples are involved in designing a merit-based process for selection of the National Commissioner that has regard to the interests and needs of Aboriginal and Torres Strait Islander children and young people.
Explanatory memorandum -
Part 4 of the Bill outlines how the National Commissioner and National Commission may collect, use and disclose information. The Bill enables the National Commissioner to require a person, including an Australian government entity or official, to provide relevant information or produce documents.
Explanatory memorandum -
The Bill contains provisions for the use and disclosure of information obtained or generated for the purposes of the Bill. The provisions authorise the disclosure of relevant information in certain circumstances, such as where necessary to lessen or prevent a threat to the life, health or safety of a person. Unauthorised use and disclosure of protected information by entrusted persons, which includes the National Commissioner and staff of the National Commission, is a criminal offence.
Explanatory memorandum
Context
Broader context for this bill
After the Prime Minister committed to a legislated First Nations children’s commissioner, the National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. began operating in 2025 as an executive agencyA government agency created administratively, not by legislation, and usually less independent. rather than an independent body created by law. Because it still lacked the legal standing and stronger independence needed to hold systems to account, this bill set it up in legislation as its own agency with a National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. and powers to obtain information.
- 13 Feb 2024
Prime Minister commits to a legislated First Nations children’s commissioner
The announcement said the role would be independent and empowered, responding to longstanding calls from First Nations leaders and the Safe and Supported First Action Plan.
National Commission for Aboriginal and Torres Strait Islander Children and Young People ↗ - 13 Jan 2025
National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. starts work without being set up in law
The office began operating as an executive agencyA government agency created administratively, not by legislation, and usually less independent. while legislation was still needed to turn it into a statutory body.
Parliament of Australia ↗ - 05 Feb 2026
Bill introduced to turn the commission into an independent agency
It proposed continuing the commission as a statutory agency so it could better advance the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people.
Parliament of Australia ↗ - 25 Mar 2026
Senate passes bill giving the commission independent status
Passage through the Senate completed Parliament’s approval and marked the shift to a more independent office able to hold systems to account for failures affecting First Nations children.
National Commission for Aboriginal and Torres Strait Islander Children and Young People ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 05 Feb 2026
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 05 Feb 2026
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Second reading debate 10 Feb 2026
Members debated the bill in principle before the chamber decided whether to keep considering it.
Second reading debate 11 Feb 2026
Members debated the bill in principle before the chamber decided whether to keep considering it.
House second reading agreed Aye 95 No 39 11 Feb 2026
Recorded vote: 95 to 39.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
House third reading agreed 11 Feb 2026
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Scrutiny of Bills review: raised self-incrimination concerns 25 Feb 2026
A scrutiny committee questioned whether some information-gathering powers go too far, especially because a person may have to answer even if the answer could help prove an offence. It asked the minister to respond.
Considered in published report
Scrutiny Digest 3 of 2026Introduced 03 Mar 2026
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 03 Mar 2026
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Human Rights review 04 Mar 2026
A human rights committee looked at how the bill may affect children’s rights, access to an effective remedy, and equal treatment. It raised preliminary concerns and asked the minister to respond.
Considered in published report
Report 2 of 2026Second reading debate 23 Mar 2026
Members debated the bill in principle before the chamber decided whether to keep considering it.
Senate second reading agreed 25 Mar 2026
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Detailed Senate review 25 Mar 2026
Senators examined the bill in detail and considered amendments clause by clause.
Committee of the Whole debate
Senate third reading agreed 25 Mar 2026
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Key criticism
The main case against this bill
Critics worried the new commission could become another national body that reports problems but cannot make governments act, while its broad information powers could also put children and families at risk if the safeguards are too weak.
Even supporters often wanted stronger accountability, clearer powers and better safeguards.
Too little power
Critics said the commission might be able to raise problems without forcing action, because it would not handle complaints and ministers would not have to respond to its recommendations.
Weak safeguards
Critics said broad information-sharing powers could leave children and families more exposed to stigma, separation or criminalisation if the safeguards are weak.
Forced answers
A scrutiny committee warned that some information powers could make people answer questions even when the answers might help prove they broke the law.
Further sources
Votes
Recorded votes
How the bill itself passed
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
Passed House passed the bill
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
House passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed Senate passed the bill
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
Senate passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Carried House cleared second reading
Passed 95 to 39. Support came from Labor, Centre Alliance, Greens, and minor parties and independents. Opposition came from Liberal, LNP of Queensland, Nationals, and One Nation.
Carried
House cleared second reading
Party Aye / No
Labor 83 / 0
Liberal 0 / 16
LNP of Queensland 0 / 14
Independent 10 / 0
Nationals 0 / 8
One Nation 0 / 1
Centre Alliance 1 / 0
Greens 1 / 0
These are votes on the bill itself rather than amendment votes.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Tanya Joan Plibersek
The minister introduces and strongly supports the bill to establish a permanent, independent National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. for Aboriginal and Torres Strait Islander Children and Young People, arguing it will give the commissioner powers to hear directly from children and young people, conduct inquiries, improve coordination and hold governments accountable.
Read in Hansard ↗ Lead opposing voice Opposes
Angie Bell
Bell, speaking for Senator Kerrynne Liddle, opposes the bill as a symbolic, duplicative bureaucracy that would shift accountability away from governments and divert funding from frontline services for Aboriginal and Torres Strait Islander children.
Read in Hansard ↗ Lead supporting voice Supports
Allegra Spender
Spender supports the bill, arguing that putting the National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. for Aboriginal and Torres Strait Islander Children and Young People on a statutory footing will strengthen independence, accountability and advocacy for better outcomes for First Nations children.
Read in Hansard ↗ Lead non-major voice Opposes
Bob Katter
Katter argues that creating another inquiry or statutory body will not solve the entrenched crisis facing Aboriginal people, saying such institutions have been repeatedly set up for decades without improving outcomes.
Read in Hansard ↗All speeches by bloc
Labor
16 speakers · 19 contributions · 16 support
Labor
16 speakers · 19 contributions · 16 support
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Berry Berry strongly supports the bill, arguing it will create an independent, Aboriginal and Torres Strait Islander-led national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. to amplify the voices of children and young people, address systemic failures, and improve accountability and outcomes.
“Today I'm proud to support the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 and the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026, which deliver on the Albanese government's commitment to establish a legislated, independent and empowered national commissioner and national commission for Aboriginal and Torres Strait Islander children and young people. The Prime Minister announced the establishment of the national commissioner in 2024, and the national commission commenced its operations on 13 January 2025.”
Read the full speech in Hansard ↗ -
Witty Sarah Witty strongly supports the bill, arguing it creates a permanent, independent national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. to hold governments accountable and better protect the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people.
“I am proud to support this bill. I am proud of the actions taken by the Albanese government. On behalf of Mat and other kids that I've met in my care, I commend this bill to the House.”
Read the full speech in Hansard ↗ -
Campbell Campbell strongly supports the bill, arguing it is urgently needed to create an independent national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. with the powers to advocate for Aboriginal and Torres Strait Islander children and young people, hold governments to account and improve systemic outcomes.
“This standalone legislation is essential to ensure that the national commission can function as a truly independent body. It will enable the national commission to be a strong, authoritative voice that promotes accountability and improves outcomes for Aboriginal and Torres Strait Islander children and young people, and it will give the commission the mandate to advocate for their rights and the mandate to push for meaningful, system-wide reform. At present, the interim arrangements do not give the commissioner the full powers needed to carry out the role effectively. They need those full powers to ensure that this is being addressed at a systemic level, to ensure that it is being addressed in a way that understands the deep root causes and to ensure that there are fundamentally better outcomes in every facet of children and young people's lives.”
Read the full speech in Hansard ↗ -
Scrymgour Scrymgour strongly supports the bill, describing it as long overdue and important for creating an independent national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. that can provide frank, community-grounded advice to improve outcomes for Aboriginal and Torres Strait Islander children and young people.
“This is an important, overdue piece of legislation. I think of SNAICC, with Catherine Liddle and Aunty Muriel Bamblett and the work that they did back in 2001 with the State of denial report in the Northern Territory, when they talked about the state of the child protection system and just how bad and broken it was in the Northern Territory. Things have improved and you can have legislation and structures—there was contemporary legislation brought into the Northern Territory—but it needs people. It needs all of us to work together to make this happen.”
Read the full speech in Hansard ↗ -
Jarrett The speaker strongly supports the bill, arguing that a national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. is needed to address severe disadvantage, overrepresentation in care and detention, and to ensure Aboriginal and Torres Strait Islander children and young people can shape the policies and services that affect them.
“Ms JARRETT (Brisbane) (17:53): I rise to support the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026. First Nations people are the traditional owners of the land on which this House resides, of my electorate in Brisbane—Meanjin, the place of the blue water lilies—and of all parts of our great country. First Nations culture is the oldest continuous culture in the world—some 65,000 years. Their connection to land, waterways and the spirits that connect past, present and future are very special, and it's a privilege for me to be here in this House and walk this land with Aboriginal and Torres Strait Islander people, who history frankly has not been kind to and who still suffer because of serious injustices and structural failures.”
Read the full speech in Hansard ↗ -
Claydon Claydon strongly supports the bill, arguing it is a significant and necessary structural reform to create an independent national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. that protects Aboriginal and Torres Strait Islander children, strengthens accountability and ensures their voices are heard.
“Ms CLAYDON (Newcastle—Deputy Speaker) (18:15): 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.”
Read the full speech in Hansard ↗ -
Kearney Ged Kearney strongly supports the bill, arguing it creates an independent national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. to elevate the voices of Aboriginal and Torres Strait Islander children and young people, address systemic failures, and improve accountability and outcomes.
“Ms KEARNEY (Cooper—Assistant Minister for Social Services and Assistant Minister for the Prevention of Family Violence) (18:44): I rise to speak in strong support of this bill, the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026. I have to say that I'm very proud to do that while you're in the chamber, Deputy Speaker Scrymgour, because I know that you have been a longstanding champion for this to happen over the years. Thank you for the work that you've done.”
Read the full speech in Hansard ↗ -
Chisholm 2 contributions The speaker strongly supports the bill, presenting it as a long-sought reform that creates a permanent, independent National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. to improve outcomes for Aboriginal and Torres Strait Islander children and young people.
Hansard records 2 separate contributions by Chisholm on this bill. They are grouped here so the speaker is listed once.
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
The speaker strongly supports the bill, presenting it as a long-sought reform that creates a permanent, independent National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. to improve outcomes for Aboriginal and Torres Strait Islander children and young people. He says the bill will give the Commissioner powers to hear directly from children, identify systemic barriers, and hold systems accountable.
“I am honoured to bring to Parliament the Bill to legislate the National Commission for Aboriginal and Torres Strait Islander Children and Young People.”
Read this contribution in Hansard ↗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
The speaker says the bill will establish the first permanent independent statutory agency focused on protecting the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people, with funding to support the national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission.’s functions. He presents it as a response to long-standing First Nations advocacy and commends the bill to the chamber.
“Legislating an independent national commissioner responds to decades of advocacy by many First Nations leaders, including the Aboriginal and Torres Strait Islander Leadership Group's Safe and Supported. When we get it right for children and young people, the entire nation will move forward. I commend this bill to the chamber.”
Read this contribution in Hansard ↗ -
Plibersek ★ 2 contributions The minister introduces and strongly supports the bill to establish a permanent, independent National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. for Aboriginal and Torres Strait Islander Children and Young People, arguing it will give the commissioner powers to hear directly from children and young people, conduct inquiries, improve coordination and hold governments accountable.
Hansard records 2 separate contributions by Plibersek on this bill. They are grouped here so the speaker is listed once.
BILLS - National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 - Second Reading
The minister introduces and strongly supports the bill to establish a permanent, independent National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. for Aboriginal and Torres Strait Islander Children and Young People, arguing it will give the commissioner powers to hear directly from children and young people, conduct inquiries, improve coordination and hold governments accountable. She presents the bill as the product of long advocacy and collaboration and says it will help address systemic disadvantage and keep children's best interests at the centre of decision-making.
“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.”
Read this contribution in Hansard ↗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
The minister supports the bill, arguing it will establish the first permanent independent statutory agency focused on the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people, backed by government funding. She says the legislation will strengthen accountability and respond to longstanding advocacy by First Nations leaders.
“I commend the office of the commissioner and the bill to the House.”
Read this contribution in Hansard ↗ -
Coffey Renee Coffey clearly supports the bill, arguing it will establish an independent national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. and commission to ensure Aboriginal and Torres Strait Islander children and young people have a strong voice in government and a coordinated national focus on systemic issues.
“That's why I rise to support the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 and National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026, which will establish an independent national commissioner and national commission dedicated solely to Aboriginal and Torres Strait Islander children and young people. This fills a national gap, ensuring the voices of Aboriginal and Torres Strait Islander children and young people are strongly reflected in advice to government and that there is a clear, coordinated national focus on systemic issues and our human rights commitments.”
Read the full speech in Hansard ↗ -
Cook Cook argues the bills create a permanent, independent Aboriginal and Torres Strait Islander-led national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. to ensure children and young people are heard, improve accountability, and drive systemic reform.
“I commend the bills to the House.”
Read the full speech in Hansard ↗ -
Ambihaipahar 2 contributions The speaker argues that Aboriginal and Torres Strait Islander children and young people face entrenched systemic failures, and says this bill would create a durable, independent national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. to provide accountability, advocacy and a dedicated voice for their rights and wellbeing.
Hansard records 2 separate contributions by Ambihaipahar on this bill. They are grouped here so the speaker is listed once.
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
The speaker strongly supports the bill, arguing it will create a permanent, independent national body to place the rights and voices of Aboriginal and Torres Strait Islander children and young people at the centre of national decision-making and drive lasting systemic improvement. She presents the legislation as a long-overdue shift away from reactive, fragmented policy towards prevention, care and accountability.
“Ms AMBIHAIPAHAR (Barton) (19:28): I rise tonight to speak in strong support of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026. This bill is about responsibility. It's about the responsibility to children who have been let down by systems designed without them in mind, the responsibility to communities who have been calling for change for decades and the responsibility to future generations to do better than we have done before. This legislation reflects a clear intention of this Albanese Labor government to place the rights, voices and lived experiences of Aboriginal and Torres Strait Islander children and young people where they belong: in the centre of the national decision-making.”
Read this contribution in Hansard ↗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
The speaker argues that Aboriginal and Torres Strait Islander children and young people face entrenched systemic failures, and says this bill would create a durable, independent national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. to provide accountability, advocacy and a dedicated voice for their rights and wellbeing. She rejects concerns about duplication, stresses that the legislation is grounded in consultation and Aboriginal and Torres Strait Islander leadership, and explicitly supports passing the bill.
“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.”
Read this contribution in Hansard ↗ -
Whiteaker Senator Whiteaker strongly supports the bill, arguing it will create an independent, permanent national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. to ensure Aboriginal and Torres Strait Islander children and young people are heard in decisions affecting their lives.
“So I urge the Liberal Party to support this bill as a genuine step towards the Australia that we all say that we want to build, one where the oldest continuing culture on Earth is not just celebrated but listened to, where reconciliation is not a destination we talk about reaching but a practice that we live every day.”
Read the full speech in Hansard ↗ -
Stewart Senator Stewart clearly supports the bill, arguing it will create an independent national advocate for Aboriginal and Torres Strait Islander children and young people, strengthen accountability across governments, and help address systemic failures affecting First Nations children.
“Senator STEWART (Victoria) (13:13): 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.”
Read the full speech in Hansard ↗ -
Walker Senator Walker supports the bill, arguing it fulfills Labor’s commitment to create an independent national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. that will provide oversight, hear directly from Aboriginal and Torres Strait Islander children and young people, and drive better policies to address severe inequities in care, detention and opportunity.
“Senator WALKER (South Australia) (19:40): The very first time I spoke in this place, I thanked in advance the First Nations emerging leaders from across the more than 250 nations of this ancient land, and I said how much I look forward to those future elders joining me in this place to represent their communities. That is my hope for the future of this place and our country. However, to achieve that hope for the future, we know that we need to ensure our First Nations children and young people have the support and opportunities which will allow them to stand strong in their culture and pursue their hopes and dreams. To this end, the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 delivers on Labor's commitment to an independent national commission for Aboriginal and Torres Strait Islander children and young people. Embedded in this enabling legislation is a strengths based approach to changing the devastating inequities our First Nations children and young people experience.”
Read the full speech in Hansard ↗ -
Smith Senator Smith argues that Aboriginal and Torres Strait Islander children face severe systemic disadvantage and says the bill is a vital structural reform that will create an independent statutory national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. with stronger powers to advocate, inquire and report.
“I commend this bill to the Senate.”
Read the full speech in Hansard ↗
Coalition
7 speakers · 7 oppose
Coalition
7 speakers · 7 oppose
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Bell ★ Bell, speaking for Senator Kerrynne Liddle, opposes the bill as a symbolic, duplicative bureaucracy that would shift accountability away from governments and divert funding from frontline services for Aboriginal and Torres Strait Islander children.
“This bill will not change outcomes. It will not close the gap, and it will not rescue a single child from neglect, from violence or from disadvantage. The coalition stands ready to support any measure that genuinely improves the lives of Aboriginal and Torres Strait Islander children, but this is simply not one of them. It's time for greater accountability and a focus on ensuring existing bodies do their jobs. That's the only way to turn the dial. The coalition will not be supporting this bill.”
Read the full speech in Hansard ↗ -
Smith Senator Dean Smith argues the bill would create a duplicative, symbolic bureaucracy that diverts money from frontline services and weakens ministerial accountability rather than improving outcomes for Aboriginal and Torres Strait Islander children.
“None of these priorities are meaningfully advanced by the creation of a national commissioner. For all these reasons, the coalition will oppose this bill. We oppose it because it duplicates existing structures. We oppose it because it diverts funding away from frontline needs. We oppose it because it shifts accountability away from agencies responsible for delivering the services that are designed to help.”
Read the full speech in Hansard ↗ -
Nampijinpa Price Senator Nampijinpa Price opposes the bill, arguing it creates an expensive and symbolic new commission focused on cultural identity rather than practical measures to address abuse, neglect and worsening outcomes for Aboriginal and Torres Strait Islander children.
“The truth is that $30 million plus and a sparkling new children's commissioner designed to make this government appear to be doing something are yet another waste of taxpayer dollars that will not improve the lives of Indigenous children in this country.”
Read the full speech in Hansard ↗ -
McCormack McCormack argues that the bill would create a duplicative new bureaucracy, weaken ministerial responsibility, and divert money from practical services for Aboriginal and Torres Strait Islander young people in remote communities.
“For the best outcomes for our Aboriginal youth, we need to make sure that money is being spent where it best meets the needs, wants, hopes and expectations of people in those remote Indigenous communities. I don't think this legislation does that, and I think we would be far better off going back to the drawing board and thinking this through again.”
Read the full speech in Hansard ↗ -
O'Sullivan Senator O'Sullivan argues the bill creates unnecessary bureaucracy and duplicates existing commissioners and agencies rather than delivering practical improvements for Aboriginal and Torres Strait Islander children.
“Let me also say this. Opposing this bill does not mean that we are indifferent to the challenges faced by Aboriginal and Torres Strait Islander children. Quite the opposite. What it's saying is that we take those challenges seriously—so seriously that we expect real action when it comes to delivering results. We want to see solutions that actually work. We cannot afford to continue to go down a path where we respond to the worsening outcomes with more structures, with more processes and with more bureaucracy. This only causes delay and avoids getting the action where it's needed. So for this reason, and for the other reasons that I have outlined here tonight, the coalition will be opposing this bill.”
Read the full speech in Hansard ↗ -
Price Melissa Price argues the bill is a symbolic, duplicative bureaucracy that will not improve outcomes for Aboriginal and Torres Strait Islander children and young people, and says practical local action is needed instead.
“This commission cannot be your plan B. Indigenous Australians deserve so much better from this government. The coalition does not support this bill.”
Read the full speech in Hansard ↗ -
Wilson Wilson argues that while improving outcomes for Aboriginal and Torres Strait Islander children is vital, these bills are the wrong approach because they create another Canberra-based bureaucracy instead of empowering community-led solutions.
“The thing that disappoints me about these bills, the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026, and the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026, is that—as with so many of the things this government seeks to do—they create another bureaucracy. Rather than looking at empowerment in the community, they look at how they can impose another central, big-government, big-Canberra solution on communities that need to be built from the ground up. That's the challenge so many of us have with these bills.”
Read the full speech in Hansard ↗
Greens
1 speaker · 2 contributions · 1 mixed
Greens
1 speaker · 2 contributions · 1 mixed
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Waters 2 contributions Waters says the bill would deliver the independence First Nations communities have long called for through a national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. for Aboriginal and Torres Strait Islander children and young people.
Hansard records 2 separate contributions by Waters on this bill. They are grouped here so the speaker is listed once.
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
Waters says the bill would deliver the independence First Nations communities have long called for through a national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. for Aboriginal and Torres Strait Islander children and young people. However, she argues the bill is too weak because it lacks complaint-handling powers and does not require government responses to the commissioner's recommendations, and she foreshadows a Greens amendment to strengthen accountability.
“I met with Commissioner Sue-Anne Hunter last month. Her passion and ambition for the role, and her commitment to addressing priority issues for First Nations youth, were very clear. She brings years of experience and dedication to the enormous task ahead of her. Our concern is not with the commissioner's dedication but with the government's. Despite the wishes of 70 organisations who called for the national commission, the bill doesn't provide the commissioner with powers to investigate and determine complaints from First Nations youth. This is a huge missed opportunity. The bill also allows the commissioner to seek information from governments to inform her reports and recommendations, but the only thing compelling governments to comply with those requests is the threat that they will be named in the commissioner's annual report if they do not. Shame has not been enough for governments in the past.”
Read this contribution in Hansard ↗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
Senator Waters says creating the national commissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. could be beneficial, but argues the bill has serious accountability gaps, especially because it does not require governments to respond to the commissioner's recommendations. She moved amendments to require formal government responses and to highlight raising the age of criminal responsibility, presenting the bill as worthwhile only if strengthened.
“I was making the point that the establishment of this commissioner, whilst it could be a positive thing, has some really disappointing gaps in it.”
Read this contribution in Hansard ↗
One Nation
1 speaker · 1 oppose
One Nation
1 speaker · 1 oppose
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Joyce Joyce says the bill appears to be another Canberra-driven bureaucracy that will spend money without improving outcomes for Aboriginal children and young people.
“My issue with this is that I get a sense of another lot of money about to be kicked out the door, and the actual determination of an outcome, your KPIs, won't be there. I get a sense from this that it's driven from Canberra, not from community. I get a sense that it's just a gathered heap of politically correct terms and bromides that have to be said. Yet, for the kid growing up on a backstreet in Tingha—the heritage from the Bassendean missionary—will their life be better? I don't know—probably not, I presume. I base that on so many of these other programs. They've been going on for decades, and their lives don't change.”
Read the full speech in Hansard ↗
Minor parties and independents
6 speakers · 5 support · 1 oppose
Minor parties and independents
6 speakers · 5 support · 1 oppose
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Katter ★ Katter argues that creating another inquiry or statutory body will not solve the entrenched crisis facing Aboriginal people, saying such institutions have been repeatedly set up for decades without improving outcomes.
“Mr KATTER (Kennedy) (17:38): I have no disrespect for the last speaker. But I've been here for 50 years, and every two or three years we get a new inquiry or body set up that's going to save us all. All we blackfellas are going to be saved by you whitefellas setting up a body. That's been going on for 55 years, and I've been following it. Every now and then we set up another body. The one that's always been interesting for me—I can't help but laugh when I think about it—was when Prime Minister Tony Abbott introduced the Closing the gapreport. It indicated in its first year that the gap had widened. That was not good. In the second year it indicated that it had widened again, and in the third year it indicated that it had widened again. He had to do something, so he abolished the annual report! That's what he did.”
Read the full speech in Hansard ↗ -
Spender ★ Spender supports the bill, arguing that putting the National CommissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. for Aboriginal and Torres Strait Islander Children and Young People on a statutory footing will strengthen independence, accountability and advocacy for better outcomes for First Nations children.
“This legislation lays foundations for stronger advocacy, stronger oversight and stronger outcomes for Aboriginal and Torres Strait Islander people and young people. Now we must ensure that this foundation is matched by action. For these reasons, I support the bills.”
Read the full speech in Hansard ↗ -
Thorpe Senator Thorpe welcomes the bill’s statutory establishment of the National CommissionerThe Aboriginal and Torres Strait Islander person appointed to lead the National Commission. for Aboriginal and Torres Strait Islander Children and Young People and says it could help elevate justice for children harmed by youth detention and child removal systems.
“Senator THORPE (Victoria—Independent VIC Whip) (19:18): Today I wish to speak to the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026. I welcome the statutory establishment of the commission with additional and ongoing resourcing for it to conduct its work. I hope that this role will be able to elevate the importance of justice for our children and young people. For decades our children and young people have suffered not just from political inaction but from being weaponised for political agendas. We are seeing this play out with terrible consequences in the tightening of youth justice laws in states and territories across the country over the last couple of years, in an attempt to appear tough on crime and promote so-called community safety.”
Read the full speech in Hansard ↗ -
Steggall Steggall supports the bill, arguing it creates an independent statutory national champion for Aboriginal and Torres Strait Islander children and young people and is grounded in genuine consultation.
“I commend these bills. They are a necessary national institution building step, grounded in genuine consultation with Indigenous Australians, and represent a step forward in confronting the inequities faced by Indigenous children in Australia. However, it remains clear that Australia must go much further on children's rights, including youth justice reform.”
Read the full speech in Hansard ↗ -
Chaney Kate Chaney clearly supports the bills, arguing they create an independent, properly resourced national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. with powers to obtain information, report to parliament and centre the voices of Aboriginal and Torres Strait Islander children and young people.
“Given the disproportionate disadvantage faced by Aboriginal and Torres Strait Islander children and young people, especially the overrepresentation of young people in out-of-home care and youth detention, this commission will only succeed if its findings drive government action. So today I welcome these bills but I also put the government on notice: independence, powers and resources mean nothing unless matched by the courage to act. This commission gives us the chance to shift the trajectory for Aboriginal and Torres Strait Islander children and young people. My hope is that we seize it—that we listen and we act—and that this commission's reports are not just tabled in this parliament but taken seriously, implemented and responded to with the urgency and respect that First Nations children deserve.”
Read the full speech in Hansard ↗ -
Gee Andrew Gee clearly supports the bill, arguing that a national commissionThe federal body created by the bill to promote First Nations children’s rights, safety and wellbeing. for Aboriginal and Torres Strait Islander children and young people can help close persistent gaps in outcomes, especially in out-of-home care and youth detention.
“As I've said, there is still a lot of work to be done on moving reconciliation forward in this country. But, as I've said, this commission can be a very important step along that long and winding journey that this country is taking. So I would commend this legislation to the House and I would encourage the opposition to start taking a more constructive approach to not only Indigenous issues but many other issues that are affecting this country rather than focusing on themselves, which quite frankly is not resonating with the Australian people. They see through what you're doing and they are appalled by it. I commend this legislation to the House.”
Read the full speech in Hansard ↗
Record
Full record
- Act title
- National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
- Act number
- Act No. 14, 2026
- Became law
- 26 Mar 2026
- Takes effect
- The whole of this Act Either: (a) if this Act receives the Royal Assent before 1 July 2026—1 July 2026; or (b) otherwise—a single day to be fixed by Proclamation. However, if the provisions do not commence within... for The whole of this Act Either: (a) if this Act receives the Royal Assent before 1 July 2026—1 July 2026; or (b) otherwise—a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period. 1 July 2026 (paragraph (a) applies)
- Registered
- 30 Mar 2026
- Administered by
- Department of Social Services
- No instruments are listed on the Act’s official Authorises tab at the time of generation.
- Introduction to passage
- 48 calendar days -- Introduced on 05 Feb 2026 and passed both Houses on 25 Mar 2026.
- Introduction to assent
- 49 calendar days -- Royal assent followed on 26 March 2026.
- Recorded divisions found
- 1 -- Recorded divisions were found in House of Representatives.
- Second-reading speech summaries captured
- House of Representatives, Senate
- Same-day passage through both Houses
- No -- The bill cleared the House on 11 Feb 2026 and the Senate on 25 Mar 2026.
- 05 Feb 2026
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 05 Feb 2026
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 10 Feb 2026
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
- 11 Feb 2026
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
- 11 Feb 2026
House · Second reading agreed to
Recorded vote: 95 to 39.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 11 Feb 2026
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 03 Mar 2026
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 03 Mar 2026
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 23 Mar 2026
Senate · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
- 25 Mar 2026
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 25 Mar 2026
Senate · Committee of the Whole debate
Detailed Senate review
Senators examined the bill in detail and considered amendments clause by clause.
- 25 Mar 2026
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate Standing Committee for the Scrutiny of Bills
Considered in published report
A scrutiny committee questioned whether some information-gathering powers go too far, especially because a person may have to answer even if the answer could help prove an offence. It asked the minister to respond.
Considered by scrutiny committee (25 Feb 2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 3 of 2026
Scrutiny Digest 3 of 2026Parliamentary Joint Committee on Human Rights
Considered in published report
A human rights committee looked at how the bill may affect children’s rights, access to an effective remedy, and equal treatment. It raised preliminary concerns and asked the minister to respond.
Considered by scrutiny committee (4 Mar 2026): Parliamentary Joint Committee on Human Rights; Report 2 of 2026
Report 2 of 2026