National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Application, saving and transitional provisions

Part 1—Preliminary

1 Definitions

In this Schedule:

commencement day means the day this Act commences.

NC Executive Agency means the body known as the National Commission for Aboriginal and Torres Strait Islander Children and Young People that was established as an Executive Agency under section 65 of the Public Service Act 1999 before the commencement day.

Note: The NC Executive Agency was established by the Order to Establish the National Commission for Aboriginal and Torres Strait Islander Children and Young People as an Executive Agency, made on 26 September 2024.

principal Act means the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026.

Expressions used in this Schedule that are defined for the purposes of the principal Act have the same meaning as in that Act.

Part 2—Application and transitional provisions

2 Continuity of appointment of National Commissioner

Subitem (2) applies if:

a person is appointed before the commencement day to be the Head of the NC Executive Agency under section 67 of the Public Service Act 1999; and

the appointment is in force immediately before the commencement day.

The appointment continues in force (and may be dealt with) after that time as if the person had been appointed as the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People under section 24 of the principal Act.

Note: The National Commissioner’s appointment continues to the end of the period (which must be up to 5 years) specified in the instrument of appointment to be the Head of the NC Executive Agency (see subsection 67(1) of the Public Service Act 1999).

Subitem (2) has effect despite subsection 65(4) of the Public Service Act 1999.

Note: Subsection 65(4) of the Public Service Act 1999 has the effect that when an Executive Agency is abolished, the office of Head of the Executive Agency is also abolished.

Previous appointment period counts towards limit

For the purposes of subsection 24(4) of the principal Act (reappointment as National Commissioner), a person appointed to be Head of the NC Executive Agency for a period is taken to have held office as National Commissioner for that period.

3 Continuity of listed entity

The listed entity mentioned in clause 12AA of Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (as in force immediately before the commencement day) continues in existence on and after the commencement day as the listed entity mentioned in subsection 33(3) of the principal Act so that its identity is not affected.

To avoid doubt, neither the principal Act nor this Act affect:

the continued operation or effect, after the commencement day, of any instruments made before that time by, or on behalf of:

the listed entity; or

the accountable authority of the listed entity; or

any other official of the listed entity; or

the validity or effect, after the commencement day, of anything done before that time by or in relation to:

the listed entity; or

the accountable authority of the listed entity; or

any other official of the listed entity.

4 Statutory Agency taken to be continuation of NC Executive Agency

For the purposes of the Public Service Act 1999, the Statutory Agency mentioned in subsection 35(2) of the principal Act is taken to be the continuation, on and after the commencement day, of the NC Executive Agency, so that its identity is not affected.

Note: The NC Executive Agency consists of the Head of the NC Executive Agency, together with the APS employees assisting the Head (see subsection 65(2) of the Public Service Act 1999).

To avoid doubt, for the purposes of the Public Service Act 1999, neither the principal Act nor this Act affect:

the continued operation, after the commencement day, of any instruments made before that time by, or on behalf of:

the NC Executive Agency; or

the Head of the NC Executive Agency; or

an APS employee in the NC Executive Agency; or

the validity or effect, after the commencement day, of anything done before that time by or in relation to:

the NC Executive Agency; or

the Head of the NC Executive Agency; or

an APS employee in the NC Executive Agency.

5 APS employees

A person who is an APS employee in the NC Executive Agency immediately before the commencement day continues as an APS employee in the National Commission on and after the commencement day.

Note: The Public Service (Terms and Conditions of Employment) (National Commission for Aboriginal and Torres Strait Islander Children and Young People) Determination 2024 applies to such an employee before, on and after the commencement day.

To avoid doubt, section 72 of the Public Service Act 1999 does not apply in relation to such an employee.

6 Consultants

This item applies to the engagement of a person if:

the engagement is as a consultant to assist in the performance of the NC Executive Agency’s functions; and

the engagement is in force immediately before the commencement day.

The engagement continues in force (and may be dealt with) after that time as if it were an engagement to assist in the performance of the National Commissioner’s functions under section 37 of the principal Act.

7 Information

This item applies to information that:

was, immediately before the commencement day, in the possession of the NC Executive Agency; and

had been obtained or generated in the course of or for the purposes of performing the NC Executive Agency’s functions.

The information is taken, on and after that commencement, to be relevant information (within the meaning of the principal Act).

8 Documents

This item applies to any documents that were, immediately before the commencement day, in the possession of the NC Executive Agency.

The documents are to remain, on or after the commencement day, in the possession of the National Commission continued in existence under section 33 of the principal Act.

Part 3—Transitional rules

9 Transitional rules

The Minister may, by legislative instrument, make rules prescribing matters:

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the enactment of the principal Act.

To avoid doubt, the rules may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund;

directly amend the text of this Act or the principal Act.

This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).

[Minister’s second reading speech made in—

House of Representatives on 5 February 2026

Senate on 3 March 2026] (7/26)