Parliament introduces Bill to protect First Nations children

A significant step toward advancing the rights, safety and wellbeing of First Nations children and young people has been taken with legislation introduced in Parliament to establish the functions and powers of the National Commission for Aboriginal and Torres Strait Islander Children and Young People.

The introduction of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 comes at a pivotal time for First Nations youth who continue to experience disadvantage and prejudice across the country.

National Commissioner for Aboriginal and Torres Strait Islander Children and Young People, Sue-Anne Hunter, said the functions and powers outlined in the Bill are critical to ensuring the National Commission can drive meaningful and lasting change for Australia’s most vulnerable children.

“The introduction of this Bill is a critical moment for the future of Aboriginal and Torres Strait Islander children and young people. Never before has there been a Bill like this that puts our children first,” Commissioner Hunter said.

Key points

• The National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 outlines the powers and functions of the inaugural National Commission for Aboriginal and Torres Strait Islander Children and Young People.
• The National Commission for Aboriginal and Torres Strait Islander Young People, which is led by National Commissioner Sue-Anne Hunter, is responsible for advancing the rights, safety and wellbeing of Aboriginal and Torres Strait Islander children and young people.
• Nowhere is the urgency for this legislation clearer than in Australia’s youth justice system, where First Nations children around Australia are disproportionately impacted by state and territory approaches that prioritise being “tough on crime” over children’s rights and wellbeing.
• The introduction of this new Bill before Parliament presents a long-overdue opportunity to establish independent powers for the National Commission nationwide, strengthening protections for the rights and wellbeing of Aboriginal and Torres Strait Islander children and young people.

National Commissioner Sue-Anne Hunter and the Minister for Social Services, Tanya Plibersek.

“Statistics show that we are at risk of losing another generation to systems that have failed our people for generations. This is a bleak future, and one that we cannot allow for our children.

“The National Commission’s work is urgent. This legislation gives us the authority and independence we need to push for real progress for our children and their communities.”

The introduction of the Bill comes ahead of the next release of Closing the Gap data, which, for more than a decade, has consistently shown that outcomes for Aboriginal and Torres Strait Islander children and young people are stagnating or in some cases, worsening.

Disconnection

Aboriginal and Torres Strait Islander children remain over-represented in child protection and youth detention systems, and experience disproportionately high rates of incarceration, family separation and suicide.

“Since colonisation, many systems designed to protect children and young people have instead been tools of dispossession and disconnection. As a result, our young children are growing up disconnected from their Culture, family and community,” Commissioner Hunter said.

“We know that strong identity, connection to Country and being supported by community are some of the most powerful ways for our young people to stay safe and well.

“Our legislation recognises this and ensures all our work will be delivered in a manner that is grounded in the cultures of Aboriginal and Torres Strait Islander communities.”

The Bill will reinforce the Commission’s independence from Government, ensuring it can advocate for the best interests of Aboriginal and Torres Strait Islander children without political interference.

“This legislation is essential in ensuring we can function as a fully independent agency and advocate for meaningful change that prioritises the interests of Aboriginal and Torres Strait Islander children and not political agendas,” Commissioner Hunter added.

“For too long, little happens when there is slow progress on commitments made to our children.

National Commissioner for Aboriginal and Torres Strait Islander Children and Young People, Sue-Anne Hunter.

Time for change

“This Bill clearly outlines how the National Commission can drive greater accountability for the systems supporting our kids and community.”

The introduction of the Bill comes after months of collaboration between the National Commissioner and the Minister for Social Services, Tanya Plibersek.

“This moment marks a change in our history – a time our people have successfully worked with the Government to deliver on a commitment made. That is no small feat,” Commissioner Hunter said.

“I want to thank the Albanese Government for making this investment to protect the futures of our children and young people.

“It is time for change. It has always been up to us and we are excited to get to work to change the state of Aboriginal Affairs for our young people. Enough is enough.”

Meaningful change

As the Bill moves through Parliament, the Commissioner is urging politicians from across the political spectrum to consider the opportunity that is in front of them.

“Our children have bright futures, but too often those futures are limited by the systems that fail them,” she said.

“This legislation gives Parliament a rare opportunity to deliver meaningful change, establishing a strong, independent National Commission with full powers to protect and advance the rights of Aboriginal and Torres Strait Islander children and young people.

“The opportunity is clear – the choice now rests with Parliament.”

The National Commission is committed to ensuring this legislation passes through Parliament. For more information on the National Commission, visit https://www.ncatsicyp.gov.au/