Former ACT Aboriginal and Torres Strait Islander Elected Body chair Paula McGrady, Kurrajong independent MLA Thomas Emerson and Winnunga Nimmityjah CEO Julie Tongs at the inquiry into the Closing the Gap bill earlier this year. Photo: Thomas Emerson.
Senior ACT public servants will have six months to get ready to abide by a new ‘Closing the Gap’ principle, which is expected to be made into law today (2 December).
Kurrajong independent MLA Thomas Emerson introduced a motion in June to increase action and accountability around the ACT Government’s Closing the Gap commitments.
After working with ACT Labor, the Public Sector (Closing the Gap) Legislation Amendment Bill 2025 is expected to pass the Legislative Assembly with some minor amendments, restricting its application to all Senior Executive Service (SES) members and statutory office holders.
Mr Emerson said it would “transform” the commitments into core government business.
“For too long, Closing the Gap initiatives have been treated like optional extras,” he said.
“Systemic reform was promised five years ago when the ACT Government signed the National Agreement on Closing the Gap, but the work hasn’t been done to deliver on that promise.
“The passage of this bill will mobilise the public sector from the top down to start delivering on the Government’s Closing the Gap commitments.”
The bill, which was also developed in close consultation with the ACT Aboriginal and Torres Strait Islander Elected Body, will implement provisions from the National Agreement on Closing the Gap that specifically relate to the transformation or governance of government agencies.
This includes working to eliminate institutional racism in relation to Aboriginal and Torres Strait Islander peoples, promoting cultural safety, and continually developing the Aboriginal and Torres Strait Islander cultural capability, both of the agency and of its administrative units.
As for provisions that relate to an individual’s job, the amendment would require senior public servants to either implement the agreement’s provisions or provide advice to their minister on progress.
The bill also introduces clear reporting requirements in relation to progress under the National Agreement on Closing the Gap, requiring all public sector entities to report annually on the measures they’ve taken to implement the provisions.
Public Service Minister Rachel Stephen-Smith said the government had already indicated support for such a move, but welcomed the chance to work with Mr Emerson.
“Embedding Closing the Gap principles into the ACT Public Service will ensure accountability and transparency in delivering better outcomes for Aboriginal and Torres Strait Islander peoples,” she said.
“The ACT is a progressive community that delivered the strongest ‘Yes’ vote in the Voice referendum. Our Public Service reflects these values and is committed to advancing the rights and interests of Aboriginal and Torres Strait Islander peoples.
“While good work is already underway to improve cultural capability, we know that dismantling institutional racism requires structural change. This bill is an important step forward in that journey.”
The bill gives effect to Essential Actions 3.5 and 4.3 of the Productivity Commission’s 2024 Review of the National Agreement, which had already been agreed to by the ACT Government.
This will make the ACT the first Australian jurisdiction to legislate its commitments under the National Agreement on Closing the Gap.
It’s expected that the provisions of the bill will begin on 1 July 2026.
Original Article published by Claire Fenwicke on Region Canberra.
