Bill Debate · In Committee

National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026, National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026; In Committee

Senate · Wednesday 25 March 2026

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The Senate debated the establishment of a national commissioner for Aboriginal and Torres Strait Islander children, with Greens senators supporting the bill but moving an amendment to compel government responses to recommendations. One Nation senator Malcolm Roberts opposed the legislation, arguing it added unnecessary bureaucracy and entrenched victimhood, while Minister Malarndirri McCarthy defended the bill as a response to community requests for accountability. The Greens amendment requiring the government to table a response to the commissioner's recommendations within 15 sitting days was put to the vote and defeated.

Outcome

The Greens amendment requiring the government to respond to the commissioner's recommendations was defeated in a division of 14 to 29.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Opened the debate

David Shoebridge (NSW) (Australian Greens) Greens

Shoebridge supported the bill but argued it risked being symbolic without mechanisms to ensure government action. Shoebridge highlighted the youth justice crisis in the Northern Territory, noting that the Commonwealth funds 80 per cent of police wages and detention costs for children as young as 10. Shoebridge called for the government to use its constitutional powers to intervene, raise the age of criminal responsibility to 14, and redirect funding from policing to Aboriginal-controlled organisations. Shoebridge emphasised that without obligations to respond to the commissioner's recommendations, the bill would fail to address underlying issues like housing and food insecurity.

Government response

Malarndirri McCarthy (Minister for Indigenous Australians) ALP NT

McCarthy rejected claims that the Aboriginal sector lacked accountability, stating that funded organisations undergo annual audits and report to parliament. McCarthy explained that the commissioner role was requested by 70 organisations within the Coalition of Peaks, including SNAICC and VACCA, to address rising out-of-home care rates. McCarthy argued the bill would enable the commissioner to work with states and territories to inform parliament, citing the Bringing Them Home report as historical precedent. McCarthy urged One Nation to support the bill, noting it reflected long-standing community demands for a national voice for children.

Steph Hodgins-May (VIC) (Australian Greens) Greens support

Hodgins-May supported the bill and the Greens amendment, noting that Aboriginal and Torres Strait Islander children are 11 times more likely to be in out-of-home care. Hodgins-May argued that only one in three Indigenous children arrive at school developmentally on track, a figure that is worsening. Hodgins-May highlighted the role of Aboriginal community-controlled organisations in providing culturally safe support and stated that the amendment would ensure the government acts on the commissioner's recommendations.
Malcolm Roberts (QLD) (Pauline Hanson's One Nation Party) One Nation oppose

Roberts opposed the bill, characterising the Aboriginal sector as a self-perpetuating bureaucracy that benefits consultants and activists rather than communities. Roberts argued that the commission would add complexity without addressing basic needs, claiming that Closing the Gap funding was not reaching intended recipients. Roberts described the bill as divisive and racist, asserting it entrenched a victimhood mentality. Roberts proposed replacing the commission with needs-based grants regardless of race to save $15 billion.
Larissa Waters (QLD) (Australian Greens) Greens support

Waters moved an amendment to Clause 16 requiring the Minister to table a statement responding to the commissioner's recommendations within 15 sitting days. Waters argued that without this obligation, the commissioner would be a figurehead unable to compel government action on worsening incarceration and out-of-home care rates. Waters rejected the government's comparison to the Human Rights Commission, stating that a formal response mechanism was a reasonable requirement to ensure accountability.

Votes during this debate

Division 3: National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026, National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Bill 2026; In Committee Not passed 14–29