{"id":"C2026A00015","name":"National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026","slug":"national-commission-for-aboriginal-and-torres-strait-islander-children-and-young-people-transitional","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"15 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436459,"registerId":"C2026A00015-fast-fetch-1775953653799","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nNational Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026\n\nNo. 15, 2026\n\n \n\n \n\n \n\n \n\n \n\nAn 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\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\nPart 2—Application and transitional provisions\n\nPart 3—Transitional rules\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nNational Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026\n\nNo. 15, 2026\n\n \n\n \n\n \n\nAn 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\n\n[Assented to 26 March 2026]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the National Commission for Aboriginal and Torres Strait Islander Children and Young People (Transitional Provisions) Act 2026.\n\n2  Commencement\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 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\n\n\nNote: 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.\n\n (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.\n\n3  Schedules\n\n  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.\n\nSchedule 1—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\n1  Definitions\n\n(1) In this Schedule:\n\ncommencement day means the day this Act commences.\n\nNC 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.\n\nNote: 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.\n\nprincipal Act means the National Commission for Aboriginal and Torres Strait Islander Children and Young People Act 2026.\n\n(2) Expressions used in this Schedule that are defined for the purposes of the principal Act have the same meaning as in that Act.\n\nPart 2—Application and transitional provisions\n\n2  Continuity of appointment of National Commissioner\n\n(1) Subitem (2) applies if:\n\n (a) 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\n\n (b) the appointment is in force immediately before the commencement day.\n\n(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.\n\nNote: 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).\n\n(3) Subitem (2) has effect despite subsection 65(4) of the Public Service Act 1999.\n\nNote: 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.\n\nPrevious appointment period counts towards limit\n\n(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.\n\n3  Continuity of listed entity\n\n(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.\n\n(2) To avoid doubt, neither the principal Act nor this Act affect:\n\n (a) the continued operation or effect, after the commencement day, of any instruments made before that time by, or on behalf of:\n\n (i) the listed entity; or\n\n (ii) the accountable authority of the listed entity; or\n\n (iii) any other official of the listed entity; or\n\n (b) the validity or effect, after the commencement day, of anything done before that time by or in relation to:\n\n (i) the listed entity; or\n\n (ii) the accountable authority of the listed entity; or\n\n (iii) any other official of the listed entity.\n\n4  Statutory Agency taken to be continuation of NC Executive Agency\n\n(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.\n\nNote: 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).\n\n(2) To avoid doubt, for the purposes of the Public Service Act 1999, neither the principal Act nor this Act affect:\n\n (a) the continued operation, after the commencement day, of any instruments made before that time by, or on behalf of:\n\n (i) the NC Executive Agency; or\n\n (ii) the Head of the NC Executive Agency; or\n\n (iii) an APS employee in the NC Executive Agency; or\n\n (b) the validity or effect, after the commencement day, of anything done before that time by or in relation to:\n\n (i) the NC Executive Agency; or\n\n (ii) the Head of the NC Executive Agency; or\n\n (iii) an APS employee in the NC Executive Agency.\n\n5  APS employees\n\n(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.\n\nNote: 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.\n\n(2) To avoid doubt, section 72 of the Public Service Act 1999 does not apply in relation to such an employee.\n\n6  Consultants\n\n(1) This item applies to the engagement of a person if:\n\n (a) the engagement is as a consultant to assist in the performance of the NC Executive Agency’s functions; and\n\n (b) the engagement is in force immediately before the commencement day.\n\n(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.\n\n7  Information\n\n(1) This item applies to information that:\n\n (a) was, immediately before the commencement day, in the possession of the NC Executive Agency; and\n\n (b) had been obtained or generated in the course of or for the purposes of performing the NC Executive Agency’s functions.\n\n(2) The information is taken, on and after that commencement, to be relevant information (within the meaning of the principal Act).\n\n8  Documents\n\n(1) This item applies to any documents that were, immediately before the commencement day, in the possession of the NC Executive Agency.\n\n(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.\n\nPart 3—Transitional rules\n\n9  Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(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.\n\n(3) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund;\n\n (e) directly amend the text of this Act or the principal Act.\n\n(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 5 February 2026\n\nSenate on 3 March 2026]\n\n(7/26)\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act remains within the narrow, stated purpose of transitional arrangements for implementing the National Commission under the principal Act. It does not expand the substantive functions or powers of the Commission beyond what the principal Act provides; it instead preserves prior appointments, employment, contracts, documents and information and grants limited rule‑making power to manage transitional details. There is no significant growth in scope beyond that administrative, continuity purpose."},"complexity_factors":["Short instrument with a single Schedule focused on transitional matters (Schedule 1 with Parts 1–3).","Approximately 9 substantive transitional items (definitions plus items 2–9) — limited number of provisions to read.","Cross‑references to other Acts and instruments: Public Service Act 1999 (sections 65, 67, 72), principal Act (various subsections such as 24 and 33–37), and PGPA Rule 2014 (clause 12AA) — requires checking external texts for full effect.","Delegated rule‑making power for the Minister (item 9) with explicit negative limitations (item 9(3)) — requires attention to instrument‑making procedures and Parliamentary oversight.","Some conditional mechanics and ‘despite’ clauses (e.g. item 2(3) operates despite subsection 65(4) PSA) — modestly increases interpretive steps.","A small number of specific operational exceptions (e.g. exclusion of s72 PSA in item 5(2), counting prior appointment towards reappointment limit in item 2(4)) — creates targeted legal interactions to verify. "],"plain_english_summary":"The Act is a short technical measure that preserves legal and operational continuity as the NC Executive Agency is replaced by the statutory National Commission. It treats the incumbent Head as the first National Commissioner, keeps APS staff, consultants, contracts, records and listed‑entity status, and transfers information to the new body, while giving the Minister limited transitional rule‑making power. It chiefly affects the incumbent Head, agency staff, contractors, the agency entities and officials implementing the changeover."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose: managing the technical transition from an Executive Agency to a statutory agency. It does not expand beyond transitional matters, staff continuity, and information transfer. The scope is appropriately narrow for a transitional provisions Act."},"complexity_factors":["Short length (only 9 substantive items across 3 Parts)","Minimal defined terms (only 3 explicit definitions in section 1, plus incorporation by reference of principal Act definitions)","Straightforward conditional logic (simple 'if-then' structures in items 2, 5, 6, 7)","No nested exceptions or complex cross-referencing beyond standard references to the 'principal Act' (the main Commission Act)","Single purpose legislation with clear sequential structure (Preliminary → Transitional provisions → Rules-making power)","Standard machinery provisions (commencement table, schedules format) common to all Commonwealth Acts"],"plain_english_summary":"This law smooths the transition from a temporary government body to a permanent one. Here's what it does:\n\n**The background**\nIn September 2024, the government set up a temporary agency called the National Commission for Aboriginal and Torres Strait Islander Children and Young People as an \"Executive Agency\" (a type of temporary government department). This was always meant to become a permanent \"statutory agency\" (a body created by its own Act of Parliament). The main law creating the permanent Commission was passed separately. This law handles the practical \"handover\" details.\n\n**What this law actually does**\n\n- **Keeps the boss in place**: The person running the temporary agency automatically becomes the permanent National Commissioner, with their original appointment period still counting. If they were appointed for 3 years in 2024, they still have 3 years left.\n\n- **Protects staff**: Public servants working in the temporary agency keep their jobs and move across to the permanent Commission without interruption.\n\n- **Preserves ongoing work**: Any contracts with consultants, any information gathered, and any documents created by the temporary agency all transfer across to the permanent Commission automatically.\n\n- **Maintains legal continuity**: Decisions made, money spent, and actions taken by the temporary agency remain valid and binding after the switchover. The new Commission is legally treated as the same entity continuing under a new legal structure.\n\n- **Allows fine-tuning**: The Minister can make additional \"transitional rules\" to deal with any practical hiccups during the changeover, though these rules can't create new crimes, taxes, or change the main laws directly.\n\n**Who it affects**\nPrimarily the staff of the Commission, the National Commissioner, and anyone currently contracted to or interacting with the Commission. It ensures no disruption to the Commission's work advocating for Aboriginal and Torres Strait Islander children and young people.\n\n**Why it matters**\nWithout this law, the temporary agency would technically cease to exist when the permanent one starts, potentially creating legal chaos—staff would lose their jobs, contracts would lapse, and the Commissioner's appointment would end. This law ensures seamless continuity."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-commission-for-aboriginal-and-torres-strait-islander-children-and-young-people-transitional","history":"/api/acts/national-commission-for-aboriginal-and-torres-strait-islander-children-and-young-people-transitional/history","analysis":"/api/acts/national-commission-for-aboriginal-and-torres-strait-islander-children-and-young-people-transitional/analysis","conflicts":"/api/acts/national-commission-for-aboriginal-and-torres-strait-islander-children-and-young-people-transitional/conflicts","importantCases":"/api/acts/national-commission-for-aboriginal-and-torres-strait-islander-children-and-young-people-transitional/important-cases","documents":"/api/acts/national-commission-for-aboriginal-and-torres-strait-islander-children-and-young-people-transitional/documents"}}