ACT legislates commitment for public servants to uphold 'Closing the Gap principle' in Australian first
From July next year senior ACT public servants will be required to uphold a new "Closing the Gap principle". (AAP: Mick Tsikas)
In short:
Senior ACT public servants will soon be required to demonstrate their work towards ending the inequality experienced by First Nations people.
A bill legislating territory government commitments under the National Agreement on Closing the Gap passed the legislative assembly to applause.
What's next?
From July next year, senior ACT public servants will be required to uphold a "Closing the Gap principle" and public sector entities will have to report annually on their progress.
The ACT has today become the first jurisdiction in Australia to legislate commitments for senior public servants to help end the inequalities faced by First Nations people.
From July next year senior public servants will be required to uphold a "Closing the Gap principle", with public sector entities to report annually on progress on the national agreement, which sets targets to address Indigenous inequality.
Loud applause erupted in the Legislative Assembly as the bill passed this afternoon.
Chief Minister Andrew Barr says he is proud the ACT is leading the way.
"The ACT will be the first jurisdiction to require individual public servants to proactively demonstrate the way that they are transforming government institutions to deliver on the commitment to implement the national agreement," he said.
Maurice Walker says the new legislation is the culmination of work by the government and Indigenous communities. (ABC News: Harry Frost)
Chair of the ACT's Aboriginal and Torres Strait Islander Elected Body, Maurice Walker, said he and the other members of the elected body were ecstatic to see the bill passed.
"[It's the culmination of] a lot of work from not only parliamentarians but also our Aboriginal community," he said.
Mr Walker said he was feeling fairly confident the legislation would make a difference in the ACT.
"We just need to make sure that this bill is one of those instruments that the community and the government take seriously, and more importantly the public service," he said.
"We've had many decades of failed attempts to get programs and services right, and now this bill is about making sure that we get action from our public servants."
Julie Tongs says the bill is a great first step, but there is still hard work ahead. (ABC News: Adam Shirley)
For Julie Tongs, the chief executive of Winnunga Nimmityjah Aboriginal Health and Community Services, it has "been a long time coming".
"But the hard work's still ahead,"she said.
"The proof is in the pudding, as they say, so we'll see how this plays out in years to come, but this is a great first step.
"I hope that this is the turning point for [the government and its public servants], that they do take us seriously and that they take this bill seriously."
What the bill legislates
The Public Sector (Closing the Gap) Legislation Amendment Bill 2025 will legislate the ACT government commitments under the 2020 National Agreement on Closing the Gap, and gives effect to two of the "essential actions" of the Productivity Commission's 2024 review of the agreement.
That review found only four of the Closing the Gap targets were on track and said governments had been shirking "meaningful action".
The bill, with amendments proposed by the government, will require senior executives in the ACT public service and statutory office holders to do their job in accordance with a "Closing the Gap principal".
The principle includes a requirement to continually develop and demonstrate their and their administrative unit's Aboriginal and Torres Strait Islander cultural capability, promote cultural safety for Aboriginal and Torres Strait Islander peoples, and work to eliminate institutional racism.
The legislation will require senior executives to promote cultural safety for Aboriginal and Torres Strait Islander peoples. (Unsplash: Israel Andrade)
ACT public sector entities will also be required to report annually on their progress under the national agreement, in a format developed in consultation with the territory's Aboriginal and Torres Strait Islander Elected Body.
The bill will come into effect in July next year, to give the public sector time to prepare for its requirements.
There will also be a post-implementation review.
Initiatives no longer treated 'like optional extras'
Independent MLA Thomas Emerson proposed the bill and said it would help significantly increase government action and accountability on its Closing the Gap commitments.
"For too long, Closing the Gap initiatives have been treated like optional extras," he said.
"This bill will transform our Closing the Gap commitments into core government business.
"We've been talking about Closing the Gap for 20 years, and I believe the ACT can be the first state or territory to actually do it.
"Yet two years after we stood alone in voting 'yes' in the Voice to Parliament referendum, Aboriginal and Torres Strait Islander people in our community continue to experience significant entrenched disadvantage."
Thomas Emerson says the legislation says will mobilise the public sector to take meaningful action. (ABC News: Stuart Carnegie)
Mr Emerson said Australia was nowhere near meeting its targets and that in the ACT the gap had been widening in multiple critical areas, including child developmental vulnerability, youth detention and adult incarceration.
"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," he said.
"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."
Rachel Stephen-Smith says the bill is an important step forward to improve cultural capability and dismantle institutional racism. (ABC News: Joel Wilson)
Public Service Minister Rachel Stephen-Smith said the amended bill would ensure "accountability and transparency in delivering better outcomes for Aboriginal and Torres Strait Islander peoples".
"The government had already indicated support for the relevant Productivity Commission recommendation and was intending to deliver similar reforms through amendments to the Public Sector Management Act, but welcomes the opportunity to work collaboratively and constructively with Mr Emerson," 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."