People from out-of-home care backgrounds are largely absent from Australian higher education equity policy. Compared with the UK, Australia has moved slowly to consider legislative and programme incentives for young people who leave state, foster or kinship care and who wish to access higher education. One major reason for the relative inaction of the Australian higher education sector towards this cohort is the rigidity of the national equity framework established in 1990. This article argues that policy reform is required to improve the participation of people from out-of-home care backgrounds in Australian higher education. Effort could be directed into revising the national equity framework, in particular by including out-of-home care as a specific group to be monitored. In addition to revising the national policy architecture, further devolution of equity policy to institutional level may enable greater engagement with the out-of-home care cohort.