Bills — Aged Care Legislation Amendment (Aboriginal and Torres Strait Islander Aged Care Commissioner and Other Measures) Bill 2026; Second Reading

Senate · 13 Oct 2026 · 13:06
Not passed by a modest majority
13
Yes (ayes)
27
No (noes)
The question is that the amendment moved by Senator Shoebridge to the motion be agreed to.

What was debated in Parliament

Summarised using AI from the official Hansard transcript of the debate only. It is not a record of the debate and may leave things out. Read the Hansard below to check it.
This bill creates a permanent, independent Aboriginal and Torres Strait Islander Aged Care Commissioner, as the aged care royal commission recommended. It also makes technical fixes to the new Aged Care Act, and a later government amendment added a new review pathway for decisions made by the aged care assessment tool. All sides backed the commissioner, but much of the debate focused on the assessment tool and wider problems in aged care.
Arguments made in support
The government said older First Nations people use aged care less despite greater need, and a commissioner will give them a stronger voice.
Government members said the role was shaped by wide consultation by the interim commissioner with over 1,000 older First Nations people.
The Coalition supported the commissioner and called the technical fixes sensible.
The government said its amendment lets assessors ask for a human review when the tool cannot capture a person's needs.
Arguments made against, or for changes
Coalition speakers said needing fixes within a year showed the new Aged Care Act was rushed, and the bill does nothing for waiting lists or new beds.
Crossbench members and the Greens said the assessment tool is badly flawed and clinicians need a full power to override it.
Some crossbench members said the review rules are left to regulations and the seven-day window is too short.
The Greens moved to split the assessment tool changes into a separate bill, which the government opposed.
David Farley called for a similar commissioner for culturally and linguistically diverse older Australians.
28 speeches by 21 members in the House and Senate over 5 sitting days.
Hansard: House of Representatives, 1 July 2026 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 8 Sept 2026 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 9 Sept 2026 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 17 Sept 2026 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 13 Oct 2026 ›
The official Hansard (PDF), Parliament of Australia

How each party voted

Labor
0 Yes
23 No
7–
Greens
9 Yes
0 No
1–
Liberal
0 Yes
4 No
17–
Independent
2 Yes
0 No
Lambie
1 Yes
0 No
Australia's Voice
1 Yes
0 No
One Nation
0 Yes
0 No
4–
Nationals
0 Yes
0 No
3–
CLP
0 Yes
0 No
1–
LNP
0 Yes
0 No
2–
UAP
0 Yes
0 No
1–
The last column counts members who did not vote. Party counts are for current members.

No rebels

Every party member who voted went with the majority of their party.
Source: Hansard, Senate, 13 Oct 2026
Parliament of Australia, via OpenAustralia Foundation · checked 14 October 2026