A new, independent Commissioner will be established in the ACT to advocate for Aboriginal and Torres Strait Islander children and young people, both individually and at a systemic level, to promote their rights and wellbeing.

The Aboriginal and Torres Strait Islander Children and Young People Commissioner Bill 2022 passed the Legislative Assembly today.

The Government will recruit nationally for the role in partnership with the Aboriginal and Torres Strait Islander community. The new Commissioner will be appointed in 2023.

“The Commissioner’s individual advocacy powers mean that they can intervene on behalf of Aboriginal and Torres Strait Islander children and young people in relation to decisions that will affect their rights or interests,” Tara Cheyne, ACT Minister for Human Rights, said.

“This includes in the child protection system such as in case conferences and court proceedings.”

• Commissioner for ACT’s indigenous children (4 August)
• New Commissioner for Indigenous children in the ACT (21 September)

Under the new legislation, the Aboriginal and Torres Strait Islander Children and Young People Commissioner will apply cultural principles to their work.

Ms Cheyne said the cultural principles were developed following a recommendation from the co-design process that the legislation explicitly refer to the need for the Commissioner to focus on Aboriginal and Torres Strait Islander children and young people from a cultural standpoint.

Rachel Stephen-Smith, ACT Minister for Families and Community Services, said the establishment of the Commissioner was a key recommendation of the Our Booris, Our Way review into the over-representation of Aboriginal and Torres Strait Islander children and young people in the child protection and out of home care system.

“This new role will ensure the voices of Aboriginal and Torres Strait Islander children and young people are being heard by a trusted person who can respond in a way that is culturally appropriate,” Ms Stephen-Smith said.

“Importantly, the role new role recognises the importance of connection to family, community, and country as being critical to achieving positive outcomes for Aboriginal and Torres Strait Islander children and young people.”

The new Commissioner will be an identified role for an Aboriginal or Torres Strait Islander person.

Ms Cheyne and Ms Stephen-Smith thanked the Our Booris Our Way Implementation Oversight Committee, the Aboriginal and Torres Strait Islander Elected Body, and members of the ACT Aboriginal and Torres Strait Islander community who worked with the Government on the design of the legislation to ensure that the role meets the needs of the community.