More bureaucracy instead of frontline services
Opponents argued the bill would entrench another national agency rather than direct money to practical help in communities, especially remote communities where needs are immediate.
This bill became law on Mar 26th, 2026.
Culture, sport & community
The national Indigenous children’s commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. changes from an executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. to a statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. without creating a new organisation or breaking its legal identity.
Changing the National CommissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. from an Executive AgencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. to a statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. created continuity problems for its legal identity, staff, consultants, documents and information. The bill lets the same Commission, CommissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start., APSThe Commonwealth public service; the bill says commission staff remain APS employees after the change. employees, consultant engagements and records carry over under the new statutory arrangements.
By 2020, governments had added Aboriginal and Torres Strait Islander children’s over-representation in out-of-home careCare for children who cannot live with their parents, such as foster care, kinship care or residential care. and youth detentionLocked detention for children or young people in the youth justice system, one of the areas where Aboriginal and Torres Strait Islander children are over-represented. to Closing the GapA national agreement and reporting framework for reducing inequalities affecting Aboriginal and Torres Strait Islander people, including targets on child protection and youth detention., after long-running calls for stronger national accountability. The Prime Minister then committed in 2024 to an independent national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start., an executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. began in January 2025, and this transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. carried that existing commission, commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start., staff, consultants and records into the new statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. that Parliament passed in March 2026.
The main criticism was that the transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. locks in a new Canberra-based statutory commission that opponents said would duplicate existing bodies, absorb money in administration and do little to change children’s lives on the ground. This case was raised mainly by Coalition and other opposing MPs, while some supporters separately warned the commission would matter only if governments acted on its findings.
Tanya Plibersek MP introduced this bill. It passed with support from Labor, Greens, Australia's Voice, some crossbench members; opposed by Liberal Party, Nationals, One Nation, some crossbench members.
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
The national Indigenous children’s commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. changes from an executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. to a statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. without creating a new organisation or breaking its legal identity.
The current head of the national Indigenous children’s commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. stays on as the National CommissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. when the new statutory officeA position created by legislation, so the office holder’s role and powers come from an Act rather than only from a government appointment. starts.
Public servants working for the national Indigenous children’s commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. keep their jobs as Australian Public ServiceThe Commonwealth public service; the bill says commission staff remain APS employees after the change. employees after the change.
Consultants already helping the national Indigenous children’s commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. keep working under their existing engagements after the change.
The national Indigenous children’s commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. keeps its existing documents and treats its existing information under the new information rules.
(1) For the purposes of the Public Service Act 1999, the Statutory Agency mentioned in subsection 35(2) of the principal Act is taken to be the continuation, on and after the commencement day, of the NC Executive Agency, so that its identity is not affected.National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026 final Act text
(2) The appointment continues in force (and may be dealt with) after that time as if the person had been appointed as the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People under section 24 of the principal Act.National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026 final Act text
(1) A person who is an APS employee in the NC Executive Agency immediately before the commencement day continues as an APS employee in the National Commission on and after the commencement day.National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026 final Act text
(2) The engagement continues in force (and may be dealt with) after that time as if it were an engagement to assist in the performance of the National Commissioner’s functions under section 37 of the principal Act.National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026 final Act text
(2) The information is taken, on and after that commencement, to be relevant information (within the meaning of the principal Act).National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026 final Act text
Context
By 2020, governments had added Aboriginal and Torres Strait Islander children’s over-representation in out-of-home careCare for children who cannot live with their parents, such as foster care, kinship care or residential care. and youth detentionLocked detention for children or young people in the youth justice system, one of the areas where Aboriginal and Torres Strait Islander children are over-represented. to Closing the GapA national agreement and reporting framework for reducing inequalities affecting Aboriginal and Torres Strait Islander people, including targets on child protection and youth detention., after long-running calls for stronger national accountability. The Prime Minister then committed in 2024 to an independent national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start., an executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. began in January 2025, and this transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. carried that existing commission, commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start., staff, consultants and records into the new statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. that Parliament passed in March 2026.
Closing the GapA national agreement and reporting framework for reducing inequalities affecting Aboriginal and Torres Strait Islander people, including targets on child protection and youth detention. adds child protection and detention targets
Governments added targets on Aboriginal and Torres Strait Islander children in out-of-home careCare for children who cannot live with their parents, such as foster care, kinship care or residential care. and youth detentionLocked detention for children or young people in the youth justice system, one of the areas where Aboriginal and Torres Strait Islander children are over-represented., making those systems a national accountability measure.
Australian Financial Review ↗Prime Minister promises an independent national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start.
The Prime Minister announced that a legislated, independent and empowered National Commissioner for Aboriginal and Torres Strait Islander Children and Young PeopleThe person who leads the commission and is being continued in office when the new statutory arrangements start. would be established.
National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) explanatory memorandum ↗Executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. starts before permanent legislation
An executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. was established as an interim National CommissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. before the permanent statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. and statutory officeA position created by legislation, so the office holder’s role and powers come from an Act rather than only from a government appointment. were created.
Hansard ↗Transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. is introduced to keep the commission continuous
The government introduced the transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. as part of a two-bill package so the existing executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament., incumbent commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start., staff, consultants, documents and information could carry over into the statutory arrangements.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, allowing the transitional arrangements to take effect alongside the legislation creating the independent statutory commission.
Parliamentary timeline ↗Royal AssentThe final formal approval by the Governor-General that turns a bill passed by Parliament into an Act. turns the transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. into an Act
Royal AssentThe final formal approval by the Governor-General that turns a bill passed by Parliament into an Act. completed the legal change needed to preserve the commission’s identity and operations as it moved from an executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. to a statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament..
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
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.
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 AssentThe final formal approval by the Governor-General that turns a bill passed by Parliament into an Act., turning the bill into an Act.
Key criticism
The main criticism was that the transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. locks in a new Canberra-based statutory commission that opponents said would duplicate existing bodies, absorb money in administration and do little to change children’s lives on the ground. This case was raised mainly by Coalition and other opposing MPs, while some supporters separately warned the commission would matter only if governments acted on its findings.
Criticism targeted bureaucracy and delivery risk more than the legal mechanics of the transition.
More bureaucracy instead of frontline services
Opponents argued the bill would entrench another national agency rather than direct money to practical help in communities, especially remote communities where needs are immediate.
Duplication of existing bodies
Several opposing MPs said the new statutory commission would overlap with existing commissioners and Aboriginal affairs structures, creating another layer of process without proving it would improve outcomes for children.
Risk of reports without action
Some supporters backed the commission but warned its work would not be enough if governments failed to respond quickly and implement its recommendations, leaving it as another source of advice rather than change.
Another inquiry-style body may not fix long-running failures
Bob Katter argued governments have repeatedly created inquiries and agencies while conditions have worsened, and that the missing ingredient is practical structural change rather than another commission.
Further sources
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 Party, Nationals, One Nation, and minor parties and independents.
Earlier bill-stage votes
Passed 97 to 39. Support came from Labor, Greens, Centre Alliance, and minor parties and independents. Opposition came from Liberal Party, Nationals, and One Nation. Minor-party and independent votes were split.
Passed 38 to 25. Support came from Labor, Greens, Australia's Voice, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP.
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 Party.
This was a symbolic second reading vote expressing a policy position rather than changing the bill text. Defeating it meant the Senate did not attach that criticism and proposed reform to its endorsement of the bill at second reading.
Defeated 14 to 29. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal Party, and One Nation.
This would have added a formal accountability mechanism requiring the Commonwealth to publicly answer the commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start.'s recommendations. Its defeat left the bill without a statutory requirement for the government to respond to those recommendations.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Plibersek supports the bill, saying it will move the existing executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. and current national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. into a permanent statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. and statutory officeA position created by legislation, so the office holder’s role and powers come from an Act rather than only from a government appointment. as part of establishing the new national commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people..
Read in Hansard ↗Bell says the coalition will oppose the transitional provisions billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. because it simply continues the new national commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people., which she argues is another Canberra bureaucracy that will duplicate existing bodies and divert money from frontline services without improving outcomes for Indigenous children.
Read in Hansard ↗Spender supports the bill package, saying it will give the national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. stronger independence, powers and accountability to improve outcomes for Aboriginal and Torres Strait Islander children and young people.
Read in Hansard ↗Katter opposes the bill, arguing that creating another Aboriginal affairs body will not fix the crisis because governments have kept setting up new inquiries and agencies for decades while conditions keep getting worse.
Read in Hansard ↗All speeches by bloc
16 speakers · 19 contributions · 15 support · 1 unclear
“The inaugural national commissioner, Sue-Anne Hunter, began her term on 1 September 2025, and since her appointment she's held many meetings with Aboriginal and Torres Strait Islander community controlled organisations and leaders and with state and territory and national commissioners, guardians and advocates to build strong relationships and identify opportunities for collaboration and change. She has been providing advice to government on policy reform that affects Aboriginal and Torres Strait Islander children and young people, and she's been developing systems and policies such as establishing a child-safe framework for the national commission to properly engage with children and young people in a safe, culturally appropriate and trauma informed way. As the current and ongoing national commissioner, Sue-Anne Hunter has been consulted in relation to these bills, one of which will transition the office of the national commission from an interim executive agency to a permanent statutory agency that is Aboriginal and Torres Strait Islander led and independent from government.”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 ↗
“The bills enable the national commissioner to provide advice to government on the development and delivery of relevant policies, programs and services that affect Aboriginal and Torres Strait Islander children and young people; to undertake research into systemic issues and barriers that affect their rights, interests, development, safety and wellbeing; to provide educational programs for Aboriginal and Torres Strait Islander children and young people to empower them to promote and advocate for their views, their needs and their experiences on matters that affect them; and to publicly advocate to promote their rights, interests, development, safety and wellbeing, amplifying their voices and strengths. The government is putting money behind this—$33.5 million, in fact, over four years, with a further $8.5 million that will support the national commission's continued operations.”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 ↗
“It's why I am honoured to speak to this bill to establish the National Commission for Aboriginal and Torres Strait Islander Children and Young People. By introducing this bill, we are delivering on our commitment to establish a legislated, independent, empowered commission. This is a bill that has come about after years of Aboriginal and Torres Strait Islander advocates calling for the establishment of a legislated national commissioner, over an extended period, with over 70 organisations uniting behind this request. We didn't just dream this up. This didn't just drop out of the sky as a good idea. This has come about through long and hard stakeholder consultation, with Aboriginal and Torres Strait Islander people and community advocates calling repeatedly for this to happen.”Read the full speech 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 completes the transition from the existing executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. to a permanent statutory commission and commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. for Aboriginal and Torres Strait Islander children and young people.
“This Bill provides for the transition of the executive agency, established in January 2025, and the incumbent National Commissioner to the permanent statutory agency and statutory office.”Read this contribution in Hansard ↗
Second reading speech
Chisholm supports creating the national commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people. and urges the Senate to pass the legislation, saying it will be an independent First Nations led body to protect Aboriginal and Torres Strait Islander children and young people. The supplied speech does not separately discuss the transitional provisions billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form., but his position on the package is supportive.
“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 ↗
“This bill also transitions the office of the national commission, established in January 2025 as an interim executive agency, into a permanent statutory authority independent from government and led by Aboriginal and Torres Strait Islander people. That independence is critical. It enables the commissioner to conduct inquiries, gather evidence, publish reports and ensure governments are publicly accountable when they fail to respond. It strengthens oversight, it elevates transparency and it ensures responsibility does not stop at jurisdictional boundaries.”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
Ambihaipahar supports the bill package and appears to back this transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. as part of establishing the new national commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people., arguing it will put Aboriginal and Torres Strait Islander children and young people 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
Ash Ambihaipahar supports the bill, arguing it will create a lasting independent national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. to hold governments accountable and amplify the voices of Aboriginal and Torres Strait Islander children and young people. She says the role is needed to tackle systemic failures across child protection, care and youth justice and to ensure reform is community led and not temporary.
“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 ↗
“This legislation strengthens accountability and oversight in areas where progress for Aboriginal and Torres Strait Islander children has stalled. It establishes a dedicated, independent national advocate for Aboriginal and Torres Strait Islander children and young people, backed by $33.5 million in new funding and $8.4 million a year, ongoing, to support the commission's operations.”Read the full speech in Hansard ↗
“This commission is about restoring hope for that future. Through the National Agreement on Closing the Gap, governments have agreed to work towards restoring that hope and measuring our progress.”Read the full speech in Hansard ↗
“I commend this bill to the Senate.”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, saying it will move the existing executive agencyThe commission’s temporary form before the permanent legislation, set up within the Commonwealth public service by government action rather than by its own Act of Parliament. and current national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. into a permanent statutory agencyA public agency created by legislation, with its role and powers set out in an Act of Parliament. and statutory officeA position created by legislation, so the office holder’s role and powers come from an Act rather than only from a government appointment. as part of establishing the new national commissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people..
“This bill provides for the transition of the executive agency, established in January 2025, and the incumbent national commissioner to the permanent statutory agency and statutory office.”Read this contribution in Hansard ↗
Second reading speech
Plibersek strongly supports the transitional provisions billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. as part of creating the new National CommissionThe body whose legal form is being carried over from an interim government agency to a permanent statutory agency focused on Aboriginal and Torres Strait Islander children and young people., saying it will help establish a permanent independent body to protect and promote the rights and wellbeing of Aboriginal and Torres Strait Islander children and young people. She argues the legislation is needed because existing approaches have failed and the government wants stronger accountability and advocacy for children.
“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 ↗
7 speakers · 7 oppose
“The bill empowers the national commissioner to promote, improve and support the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children while driving greater accountability for policies impacting this group. The associated transitional provisions bill ensures the continuity of the national commission as it transfers from an executive agency to a statutory authority. But this empowerment will do little. Indigenous Australians deserve more than symbolism. They deserve more than Canberra-centric bureaucracy. They do not need more talk. They do not need more consultation. They need resources and focus to be on the front line.”Read the full speech in Hansard ↗
“The bill empowers the national commissioner to promote, improve and support the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children, while driving greater accountability for policies impacting this group. The associated transitional provisions bill ensures the continuity of the national commission as it transfers from an executive agency to a statutory authority. But this empowerment, unfortunately, will do little.”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 ↗
“I appreciate that the government is pushing for a national commissioner. This bill, the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026, and the related bill transition the national commission from its current status as an executive agency to an independent statutory agency. The legislation defines the commissioner's objectives as promoting, improving and supporting the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children while driving greater accountability for policies impacting this group. That's what the legislation says. But will it? That's the question.”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 ↗
“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 ↗
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 says the Greens will back the transitional provisionsLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. and the wider commission package because it creates the independent national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. First Nations communities have long demanded. She argues the bill is still too weak because it gives the commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start. limited powers and does not force governments to act on recommendations, so the Greens want stronger accountability measures.
“I acknowledge that I'm standing here today on the unceded land of the Ngunnawal and Ngambri people, and I honour their elders past and present and their future leaders. I'm thinking of those future leaders today as we debate 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. First Nations communities, the community controlled sector and the Family Matters leadership group have called for an independent national commissioner for children for many years. The role was announced in 2024 and began operating within the department, but this legislation will create the independence that the community has called for from the outset.”Read this contribution in Hansard ↗
Second reading speech
Waters backs the transitional billLegal rules that make sure staff, documents, contracts and the commissioner continue smoothly when the commission changes legal form. as part of establishing the new national commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start., but argues it is too weak because governments are not required to respond to the commissionerThe person who leads the commission and is being continued in office when the new statutory arrangements start.'s recommendations and she presses for amendments to add real accountability and action on youth justice.
“I was in continuation earlier today for the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026, as well as the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026, and 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. One gap is the obligation on governments to actually respond to the recommendations made by the commissioner. The only thing compelling governments to comply with the requests is that they'll be named in the commissioner's annual report if they don't. That doesn't seem like much of an encouragement, in particular, if you look at the track record of this government and, frankly, any government in years gone by. This role is needed because successive governments have failed to do enough on the key issues that affect the health and wellbeing of First Nations kids. We know that, without an obligation to respond to recommendations of the commission, the government will have no impetus to actually take any of it seriously or take any action whatsoever, and we'll see more First Nations kids die in custody.”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 AssentThe final formal approval by the Governor-General that turns a bill passed by Parliament into an Act., turning the bill into an Act.