With independence and stability, the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People can hold governments and systems to account and improve the lives of the country's most vulnerable kids, Commissioner Sue-Anne Hunter says.
Legislation passed in the Senate on Wednesday enshrined the National Commission as a statutory agency.
Commissioner Hunter was appointed to the role in August last year.
Now cemented as an independent agency, the Commission has "an opportunity to improve the lives of Australia's most vulnerable children and address systemic failures that have harmed generations of our people", Commissioner Hunter said.
"We will drive greater accountability across government by conducting inquiries, undertaking research and making recommendations that must be tabled in Parliament."
The passing of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Bill through the senate, having passed through the lower house in February, was a vote to support making systemic change to protect Indigenous children, the Commissioner said on Wednesday.
"The National Commission exists for the sole purpose of protecting and promoting the rights, interests and wellbeing of First Nations children and young people across the nation," she said.
"As a fully independent agency, we will advocate for change that puts the interests of children ahead of political agendas."
The legislation proposal sparked debate in Parliament earlier this week, with claims heard again in the upper house on Wednesday that the Commission adds another layer of bureaucracy rather than practical solutions.
Speaking ahead of the bill passing, Minister for Indigenous Australians Malarndirri McCarthy said the changes were "important because we are listening to what the communities have been asking (for) for a long time".
Senator McCarthy said 70 organisations gave guidance on the legislation and the need for a National Commissioner was a consistent theme.
She also urged critics of the reforms to "get on board... because what Commissioner Hunter will be able to do... (knowing) that she has the support of this Parliament behind her to work with our kids across the country".
SNAICC - National Voice for Our Children chief executive Catherine Liddle said "this is a moment we have fought for over many years".
"For decades, SNAICC and our partners have advocated for a National Commissioner with real powers. Someone who can stand independent of government and hold systems to account for the outcomes experienced by our children," Ms Liddle said.
"By legislating this role, the National Commissioner now has the authority to safeguard commitments to our children and families, so they are delivered."
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The Commission stated reforms passed ensures their work aligns with pricinipals set out in United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Australia's obligations under the United Nations Convention on the Rights of the Child (UNCRC), the United Nations Convention of the Rights of Persons with Disabilities (CRDP), among other relevant international instruments and mandates.
"Human rights are not an abstract ideal - they are the backbone of solutions that work. We will not allow our children to keep paying the price for Australia's lack of a unified approach to human rights," Commissioner Hunter said.
The legislation passing is a milestone moment, Commissioner Hunter said, signalling intention to conduct enquiries, research, and make recommendations "that must be tabled in Parliament".
"The job ahead is significant. We will work tirelessly to achieve systemic change that ensures our children are safe, strong and able to thrive," Commissioner Hunter added.
