The role of the recently announced National Commissioner for Aboriginal and Torres Strait Islander children (National Commissioner) is to have more robust powers than the current Child Commissioners if the government takes the advice of those who have an intimate understanding of what is needed.

The decision by the federal government was welcomed by experts and Indigenous groups, who have long argued for the creation of the position to advocate on behalf of Indigenous children who are grossly and disproportionately represented in out-of-home care and justice metrics.

Welcoming the announcement last week, SNAICC chief executive Catherine Liddle said the role would "focus on advocating for evidence-based change to policies and systems that will ensure Aboriginal and Torres Strait Islander children grow up safe, connected to their family and cultural identity".

The Prime Minister has said an interim Commissioner will be appointed by mid-year who will then work with the government and First Nations expert advisers to "determine the powers, roles and functions of the National Commissioner, which will be established under legislation."

However, some advocates are concerned the new National Commissioner may not enjoy the same scope or legislative power as the National Children's Commissioner Anne Hollonds.

In Victoria, the position of Commissioner for Aboriginal Children and Young People is not enshrined in legislation, unlike the Principal Commissioner, resulting in the perception of Indigenous children's lives being valued differently - despite the Victorian government's well-meaning interactions and commitment to closing the gap. Despite the Yoorrook Justice Commission and Commissioner Meena Singh calling for the role to be legislated, that is yet to take place.

A spokesperson for the Department of Social Services told National Indigenous Times the interim Commissioner would "start work to inform key policies by elevating the voices of children and young people to Government".

"The National Commissioner will be dedicated to protecting and promoting the rights, interests and wellbeing of First Nations children and young people and will be appointed to the role through a merit-based and transparent recruitment process," the spokesperson said.

One of the advisers in establishing the roles and powers of the new position is the Aboriginal and Torres Strait Islander Leadership Group, who help oversee the Family Matters reports by SNAICC to ensure it has the authenticity and the range of skills required to truly effect change.

WA Commissioner for Children and Young People Jacqueline McGowan-Jones is in the leadership group and the Arrernte/Warramungu woman said they've asked for the role of the new National Commissioner to be "a little bit more robust" than the Children's Commissioner.

"We're suggesting it needs to be very robust framework," Ms McGowan-Jones told National Indigenous Times.

She said many of the areas have previously been outlined in SNAICC's Options Paper, which has formed the basis for the new position. These include independence from government and political interference; financial independence and adequate resources to perform the mandated duties; not reporting to a 'higher' commissioner but directly to Parliament; its own legislation with statutory powers; and its own motion powers for investigation.

"We're all in furious agreement," Ms McGowan-Jones said.

"Those discussions have been in partnership with Government, including the Department of Social Services; the Attorney General's Department; and the National Indigenous Australians Agency. So, we've been very clear about the national minimum requirements."

Other Commissioners who spoke with National Indigenous Times but did not want to be named said whilst there were always concerns about these areas of policy, the work by SNAICC in formulating multiple reports has "dotted every i and crossed every t".

"All the work has been done," one said. "It's up to the government to listen to the evidence."

Ms McGowan-Jones also addressed concerns the National Commissioner would focus solely on out-of-home care, rather than also covering youth incarceration. Like child removal - the incarceration of Indigenous children as young as ten sees them children removed from their culture and community at alarming - and often permanent - rates.

"All of the discussions we've had we talked about needing to consider all the rights of the child," she said.

"So that's the right to language; the right to country; the right to culture; the right to education; the right to be safe from harm; the right to practice your cultural language and religion; you need to be protected from being hurt and mistreated; right to special care and help if you can't live with your parents.

"It's a whole range of children's rights, and we've been very strongly advocating that."

Ms McGowan-Jones said it wouldn't just involve the advocating of the UN's Convention on the Rights of the Child, but also the UN's Declaration on the Rights of Indigenous People and the UN's Declaration on the Rights of Disabled Persons.

"Because all of those relate to Aboriginal and Torres Strait Islander children and young people," she said.

Concerns situations like Victoria and other jurisdictions could be implemented nationally; well-meaning but with little actual power, have been noted. So to has a consistent failure to address systemic issues for Indigenous people which has left many jaded over government announcements that often promise to do things for Aboriginal people, rather than with them.

However, Ms McGowan-Jones said whilst "the devil is always in the details," the preparation and meetings have clearly advocated what the new position should look like.

"We just now have to keep the advocacy going to make sure that it isn't a toothless position," she said.

"It's about making a real difference in improving the lives and opportunities of Aboriginal and Torres Strait Islander Children and Young People."