Govt moves to create permanent Aboriginal Aged Care Commissioner role
- Bill introduced: Permanent Commissioner legislation enters Federal Parliament
- Royal Commission: Recommendation finally progresses three years later
- Independent advocate: Commissioner to champion culturally safe aged care
- Broader reforms: Bill strengthens pricing refunds and governance
Three years after the Aged Care Royal Commission recommended the position be created, Aged Care Minister Sam Rae has introduced the Bill in Parliament.
The Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026 proposes the establishment of the Aboriginal and Torres Strait Islander Aged Care Commissioner position.
The Royal Commission had recommended the position be created by 1 July 2023.
However, the interim First Nations and Torres Strait Islander role was not announced until six months after that date, on 12 December 2023, with the appointment of Andrea Kelly.
Kelly stepped down from the role two-and-a-half years later in May 2026, and Jodi Cassar PSM was appointed to the position.
Last month, 11 organisations representing First Nations people called on the Government to “urgently progress” the Aged Care Royal Commission recommendations, recommending the Commissioner role be made permanent.
The role
The Commissioner is intended to be an independent advocate for older First Nations people, making sure aged care is culturally safe, trauma-aware and responsive to their needs and preferences.
The position will be an independent statutory role that sits within the Aged Care Quality and Safety Commission.
“For the first time, older Aboriginal and Torres Strait Islander people will have a permanent, independent advocate inside the aged care system,” said Minister for Aged Care and Seniors Sam Rae.
Other changes in the Bill
The Bill also proposed other changes, including:
- making simpler and clearer the obligations on providers to refund contributions and fees that have been overcharged or overpaid
- giving the regulator stronger powers to determine if a price is unreasonable and allowing them to set a fair price
- ensures elected local councillors are not captured as responsible persons, bringing the requirement in line with those of State and Territory Governments
- confirms how Refundable Accommodation Deposits (RADs) are treated in the aged care means test when a person enters residential care
At a recent Senate Inquiry hearing, outgoing Aged Care Inspector-General Natalie Siegel-Brown said “mainstreaming” older First Nations people in the aged care system was “contrary” to the delivery of culturally safe, trauma informed, healing aware care.
Cassar will continues in the interim role while the permanent Commissioner role is established.
