Senior public servants in the Australian Capital Territory will soon operate under new legal obligations designed to improve outcomes for Aboriginal and Torres Strait Islander peoples. The ACT government has agreed to support a proposed law that will impose specific accountability standards on its highest-ranking officials.
New Legal Framework for Senior Executives
Kurrajong independent Thomas Emerson secured support from ACT Labor for his Public Sector (Closing the Gap) Legislation Amendment Bill 2025. The legislation will require senior executive service staff in the ACT public service to demonstrate cultural capability, promote cultural safety for Indigenous people, and actively work toward eliminating institutional racism.
Mr Emerson emphasised the transformative potential of this legislation, stating it will mobilise the public sector from the top down to deliver on the government's Closing the Gap commitments. "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," he said.
Government Support and Amendments
Public Service Minister Rachel Stephen-Smith confirmed the government's support for laws that strengthen its commitment to Closing the Gap. She noted that embedding these principles into the public service will ensure accountability and transparency in delivering better outcomes for First Nations peoples.
The government had previously indicated support for the relevant Productivity Commission recommendation and was planning similar reforms through amendments to the Public Sector Management Act. However, they welcomed the opportunity to work collaboratively with Mr Emerson.
A parliamentary inquiry in October recommended the bill should pass with specific conditions: applying only to senior public servants, having a delayed start, and being reviewed one year after commencement. Both Mr Emerson and ACT Labor have backed these amendments, which will be moved when the bill is debated in the Legislative Assembly.
Scope and Community Context
The government initially expressed concerns about the bill's original drafting, which would have applied Closing the Gap principles to all public servants. Their submission argued that while every public servant should commit to cultural capability development, it wasn't reasonable to place this legal obligation on every employee from graduates to school cleaners.
Ms Stephen-Smith highlighted that the ACT community demonstrated strong support for Indigenous advancement through delivering the strongest 'yes' vote in the Voice referendum. She stated the public service reflects these progressive values and is committed to advancing the rights and interests of Aboriginal and Torres Strait Islander peoples.
The legislation will also amend annual reporting requirements to introduce clearer obligations for releasing information on progress against the national Closing the Gap agreement. The bill received significant community support, including an open letter to Chief Minister Andrew Barr signed by 38 individuals, including two former chief ministers from both major parties.
