More bureaucracy, less frontline support
Opponents argued that continuing the commission would duplicate existing bodies, consume money better spent on proven local services, and blur responsibility for results.
This bill became law on Mar 26th, 2026.
Culture, sport & community
The current National Commissioner keeps their appointment when the permanent National CommissionThe national body focused on Indigenous children and young people. begins.
The government said the bill was needed to move the existing Commission into permanent legal form without disrupting its staff, leadership, records or work. It said more than 19,000 Aboriginal and Torres Strait Islander children were in care away from home in 2023–24. About 76 per cent of Indigenous young people under youth justice supervision in 2022–23 had also encountered child protection services during the previous 10 years. The transition bill itself has no financial impact; the accompanying permanent Commission was costed at $33.51 million over 2025–26 to 2028–29 and $9.33 million ongoing.
Aboriginal and Torres Strait Islander children and young people were already facing entrenched disadvantage, including persistent over-representation in out-of-home careCare away from a child's parents or usual home. and youth detention, while the government had created an executive agencyA government agency established under executive authority. in January 2025 and committed to a legislated independent commissioner. The 2026 bills turned that commitment into a permanent statutory commission, and this transitional bill preserves the incumbent commissioner, staff, consultants, records and institutional identity as the agency moves across after the Act commences.
Angie Bell (Liberal National Party) argued that the wider two-bill package would create another Canberra-based bureaucracy instead of funding frontline services. She said its work would overlap with existing national, state and territory children's offices. She also questioned its $33.5 million cost and said it offered no measurable improvement for children. Larissa Waters (Australian Greens) supported an independent commissioner but said governments should have to respond formally to the commissioner's recommendations. She also criticised the lack of power to decide individual complaints from First Nations young people.
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
The current National Commissioner keeps their appointment when the permanent National CommissionThe national body focused on Indigenous children and young people. begins. Time already served counts towards the seven-year overall limit.
The National CommissionThe national body focused on Indigenous children and young people. continues as the same government body. Its earlier decisions and official documents remain valid.
Public servants working for the existing Commission keep their jobs when it becomes a permanent agency.
Consultants already working for the Commission continue under their existing arrangements.
Children, families and organisations do not need to resubmit information already held by the Commission. Existing information and documents transfer to the permanent agency.
The responsible minister can make detailed rules to manage the changeover. Those rules cannot create offences, impose taxes or introduce arrest, search or detention powers.
2 Continuity of appointment of National Commissioner (1) Subitem (2) applies if: (a) a person is appointed before the commencement day to be the Head of the NC Executive Agency under section 67 of the Public Service Act 1999; and (b) the appointment is in force immediately before the commencement day. (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. Note: The National Commissioner’s appointNational Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026
3 Continuity of listed entity (1) The listed entity mentioned in clause 12AA of Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (as in force immediately before the commencement day) continues in existence on and after the commencement day as the listed entity mentioned in subsection 33(3) of the principal Act so that its identity is not affected. (2) To avoid doubt, neither the principal Act nor this Act affect: (a) the continued operation or effect, after the commencement day, of any instruments made before that time by, or on behalf of: (i) the listed entityNational Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026
4 Statutory Agency taken to be continuation of NC Executive Agency (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. Note: The NC Executive Agency consists of the Head of the NC Executive Agency, together with the APS employees assisting the Head (see subsection 65(2) of the Public Service Act 1999). (2) To avoid doubt, for the purposes of the Public Service Act 1999, neither the princNational Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026
6 Consultants (1) This item applies to the engagement of a person if: (a) the engagement is as a consultant to assist in the performance of the NC Executive Agency’s functions; and (b) the engagement is in force immediately before the commencement day. (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
7 Information (1) This item applies to information that: (a) was, immediately before the commencement day, in the possession of the NC Executive Agency; and (b) had been obtained or generated in the course of or for the purposes of performing the NC Executive Agency’s functions. (2) The information is taken, on and after that commencement, to be relevant information (within the meaning of the principal Act). (1) This item applies to any documents that were, immediately before the commencement day, in the possession of the NC Executive Agency. (2) The documents are to remain, on or afterNational Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026
9 Transitional rules (1) The Minister may, by legislative instrument, make rules prescribing matters: (a) required or permitted by this Act to be prescribed by the rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the enactment of the principal Act. (3) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrNational Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026
Context
Aboriginal and Torres Strait Islander children and young people were already facing entrenched disadvantage, including persistent over-representation in out-of-home careCare away from a child's parents or usual home. and youth detention, while the government had created an executive agencyA government agency established under executive authority. in January 2025 and committed to a legislated independent commissioner. The 2026 bills turned that commitment into a permanent statutory commission, and this transitional bill preserves the incumbent commissioner, staff, consultants, records and institutional identity as the agency moves across after the Act commences.
Government commits to a legislated independent commissioner
The government said it made this commitment about two years before the February 2026 debate, creating the policy basis for the later statutory commission.
Hansard ↗Existing executive agencyA government agency established under executive authority. begins operating
The executive agencyA government agency established under executive authority. began operating in January 2025, providing the existing institution and incumbent commissioner that the transitional bill would carry into the statutory commission.
Hansard ↗Tanya Plibersek introduces the transition bill
Tanya Plibersek introduced the bill as part of a package intended to move the existing executive agencyA government agency established under executive authority. and incumbent commissioner into permanent statutory arrangements.
Parliamentary timeline ↗Debate highlights the scale of disadvantage
Parliamentary debate recorded that Aboriginal and Torres Strait Islander children were almost 11 times more likely to be in out-of-home careCare away from a child's parents or usual home. than non-Indigenous children.
Hansard ↗Parliament passes the bill
Both Houses passed the bill in the same form, completing the parliamentary approval needed for the transition arrangements.
Parliamentary timeline ↗Royal Assent creates the transition Act
The Governor-General gave Royal Assent, allowing the transitional provisionsRules for moving from old arrangements to new ones. to operate when the related 2026 Act commences.
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
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
Angie Bell (Liberal National Party) argued that the wider two-bill package would create another Canberra-based bureaucracy instead of funding frontline services. She said its work would overlap with existing national, state and territory children's offices. She also questioned its $33.5 million cost and said it offered no measurable improvement for children. Larissa Waters (Australian Greens) supported an independent commissioner but said governments should have to respond formally to the commissioner's recommendations. She also criticised the lack of power to decide individual complaints from First Nations young people.
Supporters said the permanent Commission would provide independent national oversight, hear directly from children and expose failures across government systems. The transitional bill is narrower: it preserves existing appointments, staff, contracts and records during that change.
More bureaucracy, less frontline support
Opponents argued that continuing the commission would duplicate existing bodies, consume money better spent on proven local services, and blur responsibility for results.
Recommendations may go nowhere
Supportive independents warned that establishing the commission would not itself improve children’s lives if governments failed to respond to and implement its recommendations.
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, One Nation, and Nationals.
Did not vote: Liberal Party
Earlier bill-stage votes
Passed 97 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 defeat meant the Senate did not add this policy call to its second-reading motion, but it did not change the bill's text.
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 defeat left the bill without a statutory requirement for the government to formally answer the commissioner's recommendations.
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 as part of establishing a permanent national commissionThe national body focused on Indigenous children and young people. for Aboriginal and Torres Strait Islander children and young people, explaining that it will transition the existing agency and commissioner into permanent statutory roles.
Read in Hansard ↗Bell says the coalition will oppose the bill because it merely preserves another costly and duplicative Canberra bureaucracy, diverting money from frontline services and shifting accountability away from agencies responsible for improving outcomes for Indigenous children.
Read in Hansard ↗Allegra Spender supports the transitional bill as part of establishing an independent national commissionThe national body focused on Indigenous children and young people. with stronger advocacy and oversight, while warning that the government must respond to and act on the commission's recommendations.
Read in Hansard ↗Bob Katter opposes creating another commission, arguing that repeated inquiries and bureaucratic bodies have failed to improve outcomes for First Australians.
Read in Hansard ↗All speeches by bloc
16 speakers · 19 contributions · 16 support
“Today I'm proud to support the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 and the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026, which deliver on the Albanese government's commitment to establish a legislated, independent and empowered national commissioner and national commission for Aboriginal and Torres Strait Islander children and young people. The Prime Minister announced the establishment of the national commissioner in 2024, and the national commission commenced its operations on 13 January 2025.”Read the full speech in Hansard ↗
“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 national commission fills a gap to ensure the voices of Aboriginal and Torres Strait Islander children and young people are strongly reflected in the advice to government, as it should. The position of commissioner provides a strategic, nationally coordinated focus to raise systemic issues and Australia's human rights commitments. We know that, of the Closing the Gap targets related to children and young people, those related to development, protection, safety and justice are just off track. As I've said before, it's just not good enough. Who better to know the root cause and extent of problems facing Aboriginal and Torres Strait Islander people—and, importantly, how to potentially address them—than Aboriginal and Torres Strait Islander people themselves? That's what these bills are about.”Read the full speech in Hansard ↗
“That is why the establishment of a national commission matters so deeply and why this legislation has such strong support from those working at the front line. More than 70 Aboriginal and Torres Strait Islander organisations across Australia, advocates, service providers and peak bodies have united behind this reform. They are calling for a legislated, independent national advocate with the authority to drive systemic change, not simply observe it. By establishing a national commission with a clear legislative mandate, this parliament is responding to that call and recognising that First Nations children and young people deserve nothing less.”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 Anthony Chisholm on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Chisholm supports the bill as part of establishing a permanent statutory commission for Aboriginal and Torres Strait Islander children and young people, explaining that it will transition the existing agency and National Commissioner into permanent statutory bodies.
“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 the bill as part of establishing an independent, First Nations-led national commissionThe national body focused on Indigenous children and young people. to protect the rights and wellbeing of Aboriginal and Torres Strait Islander children 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 ↗
“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
Ash Ambihaipahar supports the bill as part of establishing a permanent, independent national body that 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 it gives the national commissioner lasting legislative authority to hold governments accountable, address systemic failures and elevate the voices of Aboriginal and Torres Strait Islander children and young people.
“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 ↗
“The Liberal Party once shared this commitment. In March 2022, the Morrison government proposed a national advocate for Aboriginal and Torres Strait Islander children and young people in their proposed 2022-23 budget, which, of course, they were not able to deliver, because they were so wholeheartedly defeated at that election. I wonder why they have changed their minds, why they no longer think that Aboriginal children and young people deserve an independent resourced voice to provide advice and advocacy for government on the issues that matter. I wonder why they don't agree with the more than 70 Aboriginal and Torres Strait Islander organisations who have been advocating for this kind of work to be done for a very, very long time. So I urge the Liberal Party to support this bill as a genuine step towards the Australia that we all say that we want to build, one where the oldest continuing culture on Earth is not just celebrated but listened to, where reconciliation is not a destination we talk about reaching but a practice that we live every day.”Read the full speech in Hansard ↗
“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 ↗
“The very first time I spoke in this place, I thanked in advance the First Nations emerging leaders from across the more than 250 nations of this ancient land, and I said how much I look forward to those future elders joining me in this place to represent their communities. That is my hope for the future of this place and our country. However, to achieve that hope for the future, we know that we need to ensure our First Nations children and young people have the support and opportunities which will allow them to stand strong in their culture and pursue their hopes and dreams. To this end, the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 delivers on Labor's commitment to an independent national commission for Aboriginal and Torres Strait Islander children and young people. Embedded in this enabling legislation is a strengths based approach to changing the devastating inequities our First Nations children and young people experience.”Read the full speech in Hansard ↗
“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 ↗
Hansard records 2 separate contributions by Tanya Plibersek on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Plibersek supports the bill as part of establishing a permanent national commissionThe national body focused on Indigenous children and young people. for Aboriginal and Torres Strait Islander children and young people, explaining that it will transition the existing agency and commissioner into permanent statutory roles.
“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 supports the bill, arguing that an independent national commissioner will promote the rights and wellbeing of Aboriginal and Torres Strait Islander children and hold the systems affecting them more accountable.
“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
“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 ↗
“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 supports establishing an independent national commissioner, but argues the legislation should give the commissioner stronger investigative powers and require governments to respond formally to 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 the bill as a potentially valuable way to improve outcomes for First Nations children, but criticises its weak accountability and seeks amendments requiring the government to respond formally to the commissioner's recommendations and calling for the age of criminal responsibility to be raised to 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.
Parliamentary 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