Stolen Generations survivors would have their redress payments exempt from means testing across the aged care sector under an amendment to be introduced by the Greens this week.

The Greens will introduce an amendment to the Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026, first introduced in the House of Representatives in July, seeking to exempt Stolen Generations redress payments from means testing.

Currently, Stolen Generations redress payments are not exempt from means testing for home support and care co-payments, which are based on income and assets.

Senator Penny Allman-Payne said affordable home support was essential to ensuring First Nations people could age with dignity on Country.

"Co-payments are an unfair barrier between older people and the essential care they need, but charging more for care to those who receive Stolen Generations redress payments is an unjustifiable added insult," she said.

"The Greens amendment would finally exempt these payments from means testing and force the government to address this injustice."

Earlier this year the government introduced a temporary budget measure exempting redress payments from means testing for residential aged care, but not home care.

In response, the Healing Foundation, which provides support and advocacy for Stolen Generations survivors, said it is "important that this exemption of means testing of redress payments is extended to in-home aged care support".

Acting CEO Leonie Williamson told National Indigenous Times the government's move this year "represented a step in the right direction" and said the organisation is "committed to working with all parties to ensure that aged care is accessible and culturally safe for all survivors".

"We know that all survivors are now aged 50 and over; nearly one third are aged over 65, with many experiencing a range of physical and health care needs that affect their wellbeing and quality of life," she said.

"Many survivors have told us they would prefer to receive in-home aged care support. This is often because aged care homes can represent the same institutions survivors were removed to as children."

The Greens have also proposed several other amendments to the bill.

These include strengthening the Commissioner's independence from government by establishing a separate office outside the Aged Care Quality and Safety Commission and limiting the Minister's power to direct the Commissioner.

The amendments would also give the Commissioner stronger investigative powers, including the ability to initiate inquiries, make recommendations, require government departments to respond and compel the provision of information. They would also enshrine cultural safety and human rights principles in the legislation.

"For the Commissioner to independently advocate for Aboriginal and Torres Strait Islander Elders and older people, their independence must be reflected in the legislation," Senator Allman-Payne said.

"The Labor government needs to walk the talk when it comes to First Nations self-determination and independence in aged care."

The Government introduced legislation to permanently establish the Commissioner's role earlier this year, describing it as a "strong, independent advocate for older First Nations people". Currently, Jodi Cassar holds the role in an interim capacity, having succeeded Andrea Kelly this year.

"Older Aboriginal and Torres Strait Islander people are more likely to need aged care, and more likely to need it earlier. We're establishing a permanent Commissioner to help close that gap, and we're listening to community to inform how we do it," Aged Care Minister Sam Rae said at the time.

"This Bill also strengthens protections for older people right across aged care, and keeps the reforms we promised running the way they should after listening to the experiences of older people right across Australia."

Ms Williamson said the Healing Foundation "broadly supports the establishment of the First Nations Aged Care Commissioner as an important step towards ensuring Stolen Generations survivors' needs are heard in aged care reform".