The decision to legislate the role of the National Commissioner for Aboriginal and Torres Strait Islander Young People marks a significant step toward strengthening protections for the rights, safety and wellbeing of First Nations children, says the inaugural commissioner.

Sue-Anne Hunter, a Wurundjeri and Ngurai Illum Wurrung woman, says formalising the position — long advocated for by Indigenous organisations — comes at a critical time, as Indigenous children continue to experience systemic disadvantage and discrimination nationwide.

"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.

Children disproportionately affected by youth justice and care systems

First Nations children are 27 times more likely to be in youth detention than their non-Indigenous peers and 10 times more likely to be in out-of-home care (OOHC). Across the country, governments have introduced laws that have increased youth incarceration, with experts warning punitive policies continue to go unchecked.

The government is scheduled to release its latest Closing the Gap report next week, with several indicators relating to First Nations children continuing to lag.

"Statistics show that we are at risk of losing another generation to systems that have failed our people for generations," Commissioner Hunter, who previously told National Indigenous Times the removal of children in some states had begun to look like another stolen generation, said. "This is a bleak future, and one that we cannot allow for our children."

Announced on Wednesday evening, the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill 2026 — expected to be introduced to the lower house on Thursday — will enshrine the Commission in law and secure ongoing funding.

Designed to operate independently of government and advocate without interference, the Commission will receive $33.5 million over four years to establish it as a permanent statutory agency and fully resource its work. A further $8.4 million per year ongoing will support the National Commission's continued operations.

"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," argued Commissioner Hunter.

"For too long, little happens when there is slow progress on commitments made to our children. This Bill clearly outlines how the National Commission can drive greater accountability for the systems supporting our kids and community."

The former deputy chair of Victoria's Yoorook Justice Commission — Australia's first official truth-telling body — said the functions and powers outlined in the legislation could deliver lasting reform for some of the country's most vulnerable children.

Calling it a "critical moment for the future" of Indigenous children and young people, Commissioner Hunter added, "Never before has there been a Bill like this that puts our children first."

"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," she 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."

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Commissioner Hunter previously told National Indigenous Times her role would be accountability and holding the government to account.

"I'm happy to hold them to account, but I want to do the work properly," she said in November. "I don't want to just hold them to account and say 'you're not doing this.' I want to hold them to account, saying 'You're not doing this, and here's some options to move forward.'"

Nonetheless, she stressed her role isn't just about naming what's broken, but to also highlight the success stories and raise expectations for Aboriginal and Torres Strait Islander children.

"We as adults need to encourage our mob's kids — that they can do more," Commissioner Hunter said. "And I think if we raise the expectations of them, that helps them grow. Part of our role is, 'what are the good things that are happening, not just the doom and gloom, and who's doing it well? And what does that look like?'"

Sector welcomes reform

Peak bodies welcomed the announcement, with Catherine Liddle, CEO of SNAICC - National Voice for our children, describing the move as a significant milestone for Aboriginal and Torres Strait Islander communities and the community-controlled sector.

By embedding the role in law, Ms Liddle said the Commissioner will be able to "finally serve as it was always intended — a true accountability mechanism to ensure governments follow through on their commitments to our children and families". It backs in the work of Commissioner Hunter, Ms Liddle argued, by giving her the "independence, authority and statutory powers needed to drive accountability and systemic change".

"This isn't just a title, it's a force for true change," Ms Liddle said.

"Two years after the announcement of the role, this legislation ensures our children now have a fearless advocate who can act independently, with the authority of the law behind her."

National advocacy role

The government says the Commissioner will hold powers similar to other Commissioners, Guardians and Advocates — including conducting inquiries, making recommendations, undertaking research and education, and advocating publicly — but will be the only national office solely focused on Indigenous children and young people.

Commissioner Hunter urged bipartisan support for the bill, arguing that while First Nations children have strong futures, "too often those futures are limited by the systems that fail them".

"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," she said.