Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026

Sue Lines

I will now deal with amendments circulated by Senator Thorpe. The question is that amendments on sheets 4150 and 4151 be agreed to.

Senator Thorpe's circulated amendments—

SHEET 4150

(1) Schedule 1, item 15, page 5 (after line 23), after subsection 361A(2), insert:

(2A) The Aboriginal and Torres Strait Islander Aged Care Commissioner holds office on a full-time basis.

(2) Schedule 1, item 15, page 7 (line 21), at the end of subsection 361B(4), add:

; and (c) act in a manner that recognises the need to protect and promote the cultural identity of Aboriginal and Torres Strait Islander persons; and

(d) act in accordance with:

(i) articles 21.1 and 22.1 of the United Nations Declaration on the Rights of Indigenous Peoples, being the Resolution adopted by the General Assembly of the United Nations on 13 September 2007; and

(ii) the United Nations Principles for Older People, being the Resolution adopted by the General Assembly of the United Nations on 16 December 1991.

Note: The text of United Nations General Assembly resolutions could in 2026 be accessed through the United Nations' website (https://www.un.org).

(3) Schedule 1, item 15, page 10 (after line 5), after section 361D, insert:

361DA Arrangements relating to the staff of the Aboriginal and Torres Strait Islander Aged Care Commissioner

(1) The staff assisting the Aboriginal and Torres Strait Islander Aged Care Commissioner are to be the staff of the Commission whose services are made available to the Aboriginal and Torres Strait Islander Aged Care Commissioner, by the Commissioner, in connection with the performance of any of the Aboriginal and Torres Strait Islander Aged Care Commissioner's functions.

(2) When performing services for the Aboriginal and Torres Strait Islander Aged Care Commissioner, the persons are subject to the directions of the Aboriginal and Torres Strait Islander Aged Care Commissioner.

(4) Schedule 1, item 15, page 10 (line 29) to page 11 (line 20), omit section 361G, substitute:

361G Independence of the Aboriginal and Torres Strait Islander Aged Care Commissioner

(1) Subject to this Act and to other laws of the Commonwealth, the Aboriginal and Torres Strait Islander Aged Care Commissioner, in performing the Aboriginal and Torres Strait Islander Aged Care Commissioner's functions:

(a) has complete discretion; and

(b) is not subject to direction from anyone.

(2) To avoid doubt, subject to this Act and to other laws of the Commonwealth, the Aboriginal and Torres Strait Islander Aged Care Commissioner may, in performing the Aboriginal and Torres Strait Islander Aged Care Commissioner's functions, publish any matter that relates to those functions in any manner that the Aboriginal and Torres Strait Islander Aged Care Commissioner considers appropriate.

(5) Schedule 1, page 11 (after line 20), after item 15, insert:

15A At the end of section 368

Add:

(3) The Minister may terminate the appointment of the Aboriginal and Torres Strait Islander Aged Care Commissioner if the Minister is satisfied that there is a demonstrated loss of confidence by Aboriginal and Torres Strait Islander communities in the Aboriginal and Torres Strait Islander Aged Care Commissioner.

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SHEET 4151

(1) Schedule 1, item 15, page 9 (after line 11), after subsection 361D(2), insert:

(2A) The Aboriginal and Torres Strait Islander Aged Care Commissioner must consult older Aboriginal or Torres Strait Islander persons and Aboriginal or Torres Strait Islander communities and representative organisations in preparing a work plan for a financial year.

(2) Schedule 1, item 15, page 9 (line 13), omit "must consult the Minister", substitute "may consult the Minister".