This bill became law on Mar 26th, 2026.
Culture, sport & community
Aboriginal and Torres Strait Islander people under 25 gain a permanent national office focused on their rights, safety, development and wellbeing.
The government said decades of advocacy had called for a permanent, independent national advocate to expose system-wide failures and hold services accountable. More than 19,000 Aboriginal and Torres Strait Islander children were in care away from home in 2023–24. Of those under youth justice supervision in 2022–23, 76 per cent had encountered child protection services during the previous 10 years. The measure was costed at $33.51 million from 2025–26 to 2028–29 and $9.33 million ongoing.
Family Matters and other First Nations organisations had long called for an independent national commissionerThe independent office-holder leading the Commission. because Aboriginal and Torres Strait Islander children remained heavily overrepresented in out-of-home careCare away from a child's parents., detention and other systems that failed to give them a meaningful voice. The government announced the role in 2024, but it initially operated within a department, so the 2026 bill responded by creating a permanent statutory commission with greater independence and accountability, before Parliament passed it and Royal Assent made it law.
Dean Smith (Liberal) argued the Commission would duplicate existing national, state and territory bodies instead of delivering help directly to children. He said its $33.5 million cost could be directed to services working with communities. Larissa Waters (Australian Greens) supported the Commission's potential but argued governments should have to respond formally to its recommendations.
Hon Tanya Plibersek MP introduced this bill. It passed with support from Labor, Greens, Australia's Voice, some crossbench members; opposed by Liberal, One Nation, Nationals.
Did it become law?
Yes
Became law 26 Mar 2026
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
49 days
From introduction to the latest recorded parliamentary step
Meaning
Aboriginal and Torres Strait Islander people under 25 gain a permanent national office focused on their rights, safety, development and wellbeing.
Aboriginal and Torres Strait Islander children and young people can share their experiences with a Commissioner who advises government and investigates system-wide problems.
Governments and service providers can face inquiries and recommendations about policies or practices affecting Aboriginal and Torres Strait Islander children and young people.
People and organisations can be ordered to provide relevant information, documents or answers. They generally receive at least 14 days to comply.
People outside government can face a 30-penalty-unit fine for failing to comply without a reasonable excuse.
Aboriginal and Torres Strait Islander communities help design the public, merit-based selection process. The Commissioner must be Aboriginal and/or Torres Strait Islander.
The public can see reports the Commissioner gives the minister. The minister must table them in Parliament within 15 sitting days.
4 Simplified outline of this Act This Act is about the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People. The National Commissioner has functions that are directed at the rights, interests, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people. This Act also continues in existence the National Commission for Aboriginal and Torres Strait Islander Children and Young People. The National Commission’s function is to assist the National Commissioner. The National Commissioner may require a person to give infoNational Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
11 Functions of National Commissioner (1) The National Commissioner has the following functions (the general functions): (a) to promote, and enhance coordination among Australian government entities and officials of, efforts to identify and recommend solutions to systemic issues that affect the rights, interests, development, safety or wellbeing of Aboriginal and Torres Strait Islander children and young people; (b) to provide advice to the Commonwealth on matters affecting Aboriginal and Torres Strait Islander children and young people, in relation to developing and delivering policies, prNational Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
17 Inquiry into matters relating to general functions (1) The National Commissioner may conduct research and inquire into matters relating to, or for the purposes of, the general functions. Note 1: The National Commissioner may require information or documents for this purpose: see section 39. Note 2: The National Commissioner may publish reports on the research and inquiries: see section 16. (2) Without limiting subsection (1), the National Commissioner may conduct research and inquire into the following matters: (a) systemic issues that affect, or may affect, the rights, interests, deveNational Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
39 National Commissioner may require information or documents (1) This section applies if the National Commissioner reasonably believes that a person has, or could take reasonable steps to obtain, information or documents relevant to the National Commissioner’s performance of functions. (2) The National Commissioner may give the person a written notice that requires the person to do one or more of the things mentioned in subsection 40(1) (give specified information, produce specified documents or appear to answer questions). Note: Failing to comply with a notice given to a person may resultNational Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
41 Failing to comply with notice (1) A person contravenes this subsection if: (a) the person is given a notice under section 39; and (b) the person is not an Australian government entity or official; and (c) the person fails to comply with a requirement of the notice. Civil penalty: 30 penalty units. Exception—reasonable excuse (2) However, subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers Act.National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
Criteria for appointment and selection (5) Before appointing a person as the National Commissioner, the Minister must be satisfied that the person: (a) is an Aboriginal person and/or a Torres Strait Islander; and (b) identifies as an Aboriginal person and/or a Torres Strait Islander; and (c) is accepted by the person’s community as being an Aboriginal person and/or a Torres Strait Islander; and (d) has significant experience in community life of Aboriginal persons and/or Torres Strait Islanders; and (e) has been selected for appointment through a process that meets the conditions in subsNational Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
16 Reports by National Commissioner (1) The National Commissioner may publish a report on any of the following as the National Commissioner sees fit: (a) research and inquiries conducted under section 17; (b) any other matter relating to the National Commissioner’s functions. Reports may be given to Minister and tabled in Parliament (2) The National Commissioner may give such a report to the Minister if the National Commissioner sees fit to do so. (3) The Minister must cause a copy of any report given to the Minister under subsection (2) to be tabled in each House of the Parliament withiNational Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026
Context
Family Matters and other First Nations organisations had long called for an independent national commissionerThe independent office-holder leading the Commission. because Aboriginal and Torres Strait Islander children remained heavily overrepresented in out-of-home careCare away from a child's parents., detention and other systems that failed to give them a meaningful voice. The government announced the role in 2024, but it initially operated within a department, so the 2026 bill responded by creating a permanent statutory commission with greater independence and accountability, before Parliament passed it and Royal Assent made it law.
Family Matters calls for an independent national commissionerThe independent office-holder leading the Commission.
The Family Matters campaign urged stronger national action to reduce the over-representation of Aboriginal and Torres Strait Islander children in out-of-home careCare away from a child's parents. and support children to grow up safely in family, community and culture.
Treasury ↗Government announces the national commissionerThe independent office-holder leading the Commission. role
The government announced the role and began operating it within a department, leaving First Nations communities calling for an independent statutory foundation.
Hansard ↗Hon Tanya Plibersek MP introduces the bill
Hon Tanya Plibersek MP introduced the bill to give the commission a permanent and independent statutory foundation with powers to improve outcomes for Aboriginal and Torres Strait Islander children and young people.
Hansard ↗Parliament passes the bill
Both Houses passed the bill in the same form, completing parliamentary passage of the statutory commission.
Parliamentary timeline ↗Royal Assent makes the bill law
The Governor-General’s assent turned the bill into an Act, formalising the commission’s new statutory status.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
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
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Considered by scrutiny committee (25/02/2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 3 of 2026
Scrutiny Digest 3 of 2026
APH bill page notesThe bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Considered by scrutiny committee (04/03/2026): Parliamentary Joint Committee on Human Rights; Report 2 of 2026
Report 2 of 2026
APH bill page notesThe bill reached this recorded parliamentary step.
Recorded vote: 38 to 25.
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
The bill reached this recorded parliamentary step.
Recorded vote: 37 to 22.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
Dean Smith (Liberal) argued the Commission would duplicate existing national, state and territory bodies instead of delivering help directly to children. He said its $33.5 million cost could be directed to services working with communities. Larissa Waters (Australian Greens) supported the Commission's potential but argued governments should have to respond formally to its recommendations.
The government said the independent Commissioner could investigate system-wide problems, publish findings and make recommendations. Reports given to the minister must be tabled within 15 sitting days, but the Senate rejected the Greens proposal requiring a formal government response to each recommendation.
Duplication and diverted funding
Opponents argued that another national body would overlap with existing commissioners and agencies, adding administrative costs while drawing funding away from frontline and community-based programs with measurable results.
Accountability without guaranteed action
Critics said creating a separate commission could shift responsibility away from government agencies, while supportive crossbenchers warned that inquiries and recommendations would achieve little unless governments responded on clear timelines and acted.
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
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 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 37 to 22. Support came from Labor, Greens, Australia's Voice, and minor parties and independents. Opposition came from Liberal, One Nation, and Nationals.
Did not vote: Liberal Party
Earlier bill-stage votes
Passed 95 to 39. Support came from Labor, Greens, Centre Alliance, and minor parties and independents. Opposition came from Liberal, Nationals, and One Nation.
Did not vote: Liberal Party, LNP, Nationals
Passed 38 to 25. Support came from Labor, Greens, Australia's Voice, and minor parties and independents. Opposition came from Liberal, One Nation, Nationals, and UAP.
Did not vote: Liberal Party
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated 13 to 29. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, One Nation, and Liberal.
The Senate rejected the statement, leaving it out of the second-reading motion.
Did not vote: Liberal Party
Defeated 14 to 29. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal, and One Nation.
The Senate rejected the proposed change, so the bill did not impose this response and tabling requirement.
Did not vote: Liberal Party
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Plibersek supports the bill because it creates a permanent, independent and properly funded national commissionThe agency supporting the National Commissioner. to amplify the voices of Aboriginal and Torres Strait Islander children, investigate systemic disadvantage and hold governments accountable.
Read in Hansard ↗Bell says the coalition will oppose the bill because the proposed commission would duplicate existing bodies, divert funding from frontline services and shift accountability away from responsible government agencies without delivering measurable improvements for Indigenous children.
Read in Hansard ↗Allegra Spender supports the bill because it gives the national commissionThe agency supporting the National Commissioner. greater independence, authority and accountability powers to improve outcomes for Aboriginal and Torres Strait Islander children.
Read in Hansard ↗Bob Katter opposes the bill, arguing that creating another commission will repeat decades of ineffective inquiries and bodies while failing to address practical problems such as Indigenous land ownership, unemployment and poor social outcomes.
Read in Hansard ↗All speeches by bloc
16 speakers · 19 contributions · 16 support
“This is a strategic, nationally coordinated initiative that is critically important, because the scale and urgency of system failures for Aboriginal and Torres Strait Islander children and young people is profound. Aboriginal and Torres Strait Islander children and young people face high and persistent levels of disadvantage. They are 11 times more likely to be in out-of-home care and 27 times more likely to be in youth detention than non-Indigenous children. This bill will provide an independent, dedicated agency focused on the systemic failures affecting outcomes for Aboriginal and Torres Strait Islander children and young people across Australia. The National Commissioner for Aboriginal and Torres Strait Islander Children and Young People will drive accountability to support all governments to better achieve outcomes for Aboriginal and Torres Strait Islander children. The national commissioner has the potential to make a significant and lasting impact on the lives of more than 400,000 Aboriginal and Torres Strait Islander children and young people across Australia.”Read the full speech in Hansard ↗
“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 ↗
“All of these things can exist at the same time, and we must aspire to this for our communities. In order to address the structural nature of the challenges young people face, which are causing so much harm, we have to improve those systems. We need independent, honest, transparent advice. This legislation will work towards this by establishing a strong body which has the autonomy and the focus needed to address some of the challenges facing our young people. A key principle of the work this government is doing is working alongside communities we believe in—nothing about us without us. This is not just ideological; it is practical. The only way to create long-lasting, sustainable solutions is to work with local communities.”Read the full speech in Hansard ↗
“We cannot pretend we are fully measuring up to the fair go when basic needs like health care, a safe home and educational opportunities are not afforded to Aboriginal and Torres Strait Islander people as they are to others. This community of young people is our future. Their voices must be embedded in the systems and the decisions that affect their lives. This bill is about supporting self-determination. It's also about bringing to life what many Aboriginal and Torres Strait Islanders have discussed with me, which is, 'Nothing about us without us.'”Read the full speech in Hansard ↗
“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 ↗
“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 ↗
“The national commissioner fills a gap to ensure the voices of Aboriginal and Torres Strait Islander children and young people are strongly reflected in advice to government. This position provides a strategic, nationally coordinated focus to raise systemic issues and Australia's human rights commitments. The bill will provide an independent, dedicated agency focused on the systemic failures affecting outcomes for Aboriginal and Torres Strait Islander children and young people right across Australia. It will drive the accountability to support all governments to achieve better outcomes for Aboriginal and Torres Strait Islander children. It's truly an important, systemic piece that will help drive system-wide change.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Tanya Plibersek on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Plibersek supports the bill because it creates a permanent, independent and properly funded national commissionThe agency supporting the National Commissioner. to amplify the voices of Aboriginal and Torres Strait Islander children, investigate systemic disadvantage and hold governments accountable.
“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 ↗
Second reading speech
Plibersek supports the bill, arguing that a permanent independent commission will amplify Aboriginal and Torres Strait Islander children’s voices, hold governments and systems accountable, and help address persistent inequalities.
“These bills will legislate the National Commission for Aboriginal and Torres Strait Islander Children and Young People under new primary legislation. This will be the first permanent statutory agency independent from government with a dedicated focus on promoting the rights, interests, development, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people. This bill empowers the national commissioner to speak directly with Aboriginal and Torres Strait Islander children and young people and drive greater accountability for the systems and policies that affect those young people. The government will invest $33½ million over the forward estimates and $8.4 million ongoing to ensure that the national commissioner can deliver on their statutory functions and responsibilities.”Read this contribution in Hansard ↗
Hansard records 2 separate contributions by Anthony Chisholm on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Chisholm supports the bill because it creates a permanent, independent and properly funded national commissionThe agency supporting the National Commissioner. with powers to hear Indigenous children and young people, investigate systemic problems and hold governments accountable.
“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 ↗
Second reading speech
Chisholm supports the bill because it establishes a permanent, independent and First Nations-led national commissionThe agency supporting the National Commissioner. to protect Aboriginal and Torres Strait Islander children and young people and hold relevant systems accountable.
“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 ↗
“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 ↗
“The National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026, together with the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026, establishes a permanent, independent Aboriginal and Torres Strait Islander led national commission with the authority and responsibility to drive real systemic change. It delivers exactly what advocates have been calling for: a national commissioner backed by legislation, independence and powers, focused squarely on improving outcomes for Aboriginal and Torres Strait Islander children and young people today and into the future. At its heart, this legislation is about listening, accountability and long-term reform.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Ash Ambihaipahar on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Ash Ambihaipahar strongly supports the bill because it creates a permanent, independent national body focused on systemic improvement and puts the rights, voices and lived experiences of Aboriginal and Torres Strait Islander children at the centre of national decision-making.
“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 ↗
Second reading speech
Ambihaipahar supports the bill because a permanent, independent national commissionerThe independent office-holder leading the Commission. would amplify Aboriginal and Torres Strait Islander young people's voices, expose systemic failures and hold governments accountable over time.
“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 ↗
“For the last two years, the National Commission for Aboriginal and Torres Strait Islander Children and Young People has been doing important work. This bill establishes a national commission as an independent and permanent statutory agency. It will have the power to conduct inquiries, make recommendations to government and engage in public advocacy. It will be able to engage directly with children and young people, to listen to their experiences and to bring their voices into the rooms where decisions are being made. Critically, it will be the only body at a national level with a sole focus on Aboriginal and Torres Strait Islander children and young people. This is the result of the advocacy of more than 70 Aboriginal and Torres Strait Islander and non-Indigenous organisations from around the country—a tremendous effort—who have advocated for this for a long time, and it is well overdue.”Read the full speech in Hansard ↗
“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 ↗
“Hope for the future is what this bill is about. It's why we are establishing a national commissioner, who will do three essential things. The first is independent oversight and public accountability, telling the truth in public about what is working and what is failing. The commissioner will have the discretion and independence to undertake inquiries and provide reports which seek to identify the issues and barriers faced by Aboriginal and Torres Strait Islander children and young people. Second, the commissioner will be charged with hearing directly from children and young people and supporting them to assert their rights and interests. They will be able to provide a structured, ongoing youth voice, especially for those who may feel alienated or are in care or detention or remote communities. Third, the commissioner will be able to use the experiences and voices of young people to advise the Australian government on the development and delivery of relevant policies, programs and services. This advice on systemic reform across silos is essential, because children's lives are not divided by government departments or portfolios or services.”Read the full speech in Hansard ↗
“For too long, these children have been without a legislated, independent and empowered voice at the federal level. That absence has had consequences in policy design, in accountability and in outcomes. Two years ago, the Albanese Labor government committed to establishing the National Commissioner for First Nations Children and Young People. As part of that commitment we established the national commission as an executive agency, but the current arrangements do not provide the national commissioner with the ability to conduct inquiries, to make recommendations or to report to our parliament. This bill changes that. It's a vital step. It establishes the national commission as a statutory body, giving the commissioner more independence and discretion in the performance and exercise of their function and powers. This will allow the commissioner to continue to advance the interests of Aboriginal and Torres Strait Islander children and young people, and it will ensure the systems designed to protect and promote their rights do just that.”Read the full speech in Hansard ↗
7 speakers · 7 oppose
“For all of 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—the Australians who need it the most. We oppose it because it shifts accountability away from the agencies responsible for delivering services. We oppose it because it relies on symbolic gestures instead of practical on-the-ground solutions. And, most importantly, we oppose it because Aboriginal and Torres Strait Islander children and young people deserve better. Australia's most vulnerable children do not need another Canberra based bureaucracy. They do not need more reports, more advisory bodies or more symbolic gestures. What they do need is functioning schools, safer homes, stronger families and accountable systems. They need their government to act, not to outsource.”Read the full speech in Hansard ↗
“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 ↗
“A key reason the gap hasn't closed is a political class that romanticises traditional culture—that stands here and expresses its respect for elders past and present. That romanticism puts a force field around the most objectionable and violent behaviours that are at the very heart of Indigenous disadvantage. It's time the romanticisation ends; it's time to accept the truth. 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 ↗
“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 ↗
“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 ↗
“The message and call to the government is simple: please drop the symbolism, the egos and the lack of detail and instead start prioritising practical and real action to support young Indigenous Australians and to close the gap. Quite frankly, we're all waiting for the plan B. The Voice failed. What is your plan B? 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 ↗
“Let's be under no ambiguity about this: it is a disgrace that we still have the scale of the gap that exists for our Indigenous and First Nations people. We absolutely should want them to live out their best lives. But when the government deliberately strips apart a pathway to stop the abuse of alcohol and drugs within a community, without any recognition of how it harms those most vulnerable, it has its priorities wrong. It cannot be solved through the imposition of a new commissioner or a new bureaucracy from Canberra thinking they know best or there is a better way they can impose on community. That's the challenge of this bill. It doesn't create the structural solutions that we need—”Read the full speech in Hansard ↗
1 speaker · 2 contributions · 1 support
Hansard records 2 separate contributions by Larissa Waters on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Waters supports establishing the independent national commissionThe agency supporting the National Commissioner., but argues the bill should give the commissioner stronger investigative and accountability powers. She says the government should be required to respond formally to the commissioner's recommendations.
“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 ↗
Second reading speech
Waters supports creating the national commissionerThe independent office-holder leading the Commission. but criticises the bill for not requiring governments to respond to the commissioner's recommendations. She seeks stronger accountability and calls for governments to raise the age of criminal responsibility to at least 14.
“This bill to create the National Commission for Aboriginal and Torres Strait Islander Children and Young People has the potential to catalyse impactful actions to reverse the overrepresentation of First Nations kids in prison and out-of-home care. I urge the government not to squander this potential and to commit to responding when the commissioner screams for action. I'd like to take the chance to move my second reading amendment, which has been circulated in the chamber:”Read this contribution in Hansard ↗
1 speaker · 1 oppose
“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 ↗
6 speakers · 5 support · 1 oppose
“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 ↗
“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 ↗
“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 ↗
“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 ↗
“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 ↗
“I will be supporting this legislation, the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 and the transitional provisions bill. Almost eight per cent of Calare's residents are Aboriginal or Torres Strait Islander, and I believe that the National Commission for Aboriginal and Torres Strait Islander Children and Young People can make a very important contribution to closing the gap that still, disturbingly and, quite frankly, disgracefully, exists in so many different ways in this country.”Read the full speech in Hansard ↗
Record
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.
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.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
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.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
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.
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.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Recorded vote: 38 to 25.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Recorded vote: 37 to 22.
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills
Scrutiny Digest 3 of 2026
Considered by scrutiny committee (25 Feb 2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 3 of 2026
APH bill page notesParliamentary Joint Committee on Human Rights
Report 2 of 2026
Considered by scrutiny committee (4 Mar 2026): Parliamentary Joint Committee on Human Rights; Report 2 of 2026
APH bill page notes
