National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 and another

The majority voted in favour of a motion pass the bills. In parliamentary jargon, they voted to read the bill for a third time. Because the bill has already passed in the House of Representatives, it can now become law.

What do these bills do?

According to the bills digest (which is a document prepared by the parliamentary library):

• The National Commission for Aboriginal and Torres Strait Islander Children and Young People (the NC) and the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People (the Commissioner) are key components of the Australian Government’s response to meeting commitments under the National Agreement on Closing the Gap.
• Established initially as an Executive Agency, the NC has been operational since 13 January 2025.
• The National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 (the Bill) establishes the NC as a Statutory Agency and the Commissioner as a statutory officer, with functions and powers to advance the interests of Aboriginal and Torres Strait Islander children and young people.
• The National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026 (the Transitional Bill) facilitates the transition from an Executive Agency to a Statutory Agency.
• Significant statutory functions would include conducting inquiries and making recommendations. The NC may then request persons or bodies to provide a response to recommendations. However, some comparable commissioners in other jurisdictions appear to have more scope to require responses from some stakeholders.
• The NC can require a person to provide information, documents, or appear before the NC to answer questions, with non-compliance subject to civil penalties.
• The NC would also be empowered to provide advisory services on matters affecting Aboriginal and Torres Strait Islander children and young people to non-government clients on a fee-for-service basis. This is a novel role without significant precedents or comparators in the Commonwealth.
• At the time of writing, the Bills had not been referred to a committee for inquiry. The Senate Scrutiny of Bills Committee raised concerns with the Bill relating to privacy; the abrogation of the privilege against self-incrimination; immunity from civil and criminal liability for the NC and staff; and the incorporation of external materials into rules made under the Bill. The Committee has sought advice from the Minister on these matters.