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

No. 15, 2026

An Act to deal with transitional matters arising from the enactment of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026, and for related purposes

Contents

1 Short title 2

2 Commencement 2

3 Schedules 2

Schedule 1—Application, saving and transitional provisions 3

Part 1—Preliminary 3

Part 2—Application and transitional provisions 4

Part 3—Transitional rules 8

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

No. 15, 2026

An Act to deal with transitional matters arising from the enactment of the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026, and for related purposes

[Assented to 26 March 2026]

The Parliament of Australia enacts:
1 Short title

This Act is the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act At the same time as the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026 commences. However, the provisions do not commence at all if that Act does not commence. 1 July 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Application, saving and transitional provisions 1 Definitions 1

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.

 2

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

 2 Continuity of appointment of National Commissioner 1

Subitem (2) applies if:

 a

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

b

the appointment is in force immediately before the commencement day.

 2

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).

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

 3

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

 4

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 1

(1) 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.

 2

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

 a

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

 i

the listed entity; or

 ii

the accountable authority of the listed entity; or

 iii

any other official of the listed entity; or

 b

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

 i

the listed entity; or

 ii

the accountable authority of the listed entity; or

 iii

any other official of the listed entity.

 4 Statutory Agency taken to be continuation of NC Executive Agency 1

(1) 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).

 2

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

 a

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

 i

the NC Executive Agency; or

 ii

the Head of the NC Executive Agency; or

 iii

an APS employee in the NC Executive Agency; or

 b

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

 i

the NC Executive Agency; or

 ii

the Head of the NC Executive Agency; or

 iii

an APS employee in the NC Executive Agency.

 5 APS employees 1

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.

 2

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

6 Consultants 1

This item applies to the engagement of a person if:

 a

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

 b

the engagement is in force immediately before the commencement day.

 2

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 1

This item applies to information that:

 a

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

 b

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

 2

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

 8 Documents 1

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

 2

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.

 9 Transitional rules 1

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

 a

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

 b

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

 2

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.

 3

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

 a

create an offence or civil penalty;

 b

provide powers of:

 i

arrest or detention; or

 ii

entry, search or seizure;

 c

impose a tax;

 d

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

 e

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

 4

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)