Independent MLA Thomas Emerson will introduce his first Private Member’s Bill today, backed by the support of local First Nations community leaders. The Public Sector (Closing the Gap) Legislation Amendment Bill 2025 seeks to amend the Public Sector Management Act 1994 and the Annual Reports (Government Agencies) Act 2004 in line with recommendations made by the Productivity Commission in February 2024.

“Closing the gap is everyone’s job,” Mr Emerson said.

”This bill will make it every public servant’s responsibility to implement the principles laid out in the National Agreement on Closing the Gap. It will also require every ACT Government agency to report annually on the concrete steps they’ve taken to deliver on the Closing the Gap commitments.”

In its review of the National Agreement on Closing the Gap, the Productivity Commission found that “Governments are not consistently adhering to – and are sometimes contravening – the Agreement” but there had been “no consequences for failure”. Similarly damning findings were published in the first Aboriginal and Torres Strait Islander-led review of the National Agreement, released last week, which found that governments “continue with business-as-usual approaches that are inconsistent with their commitments under the National Agreement”.

The Productivity Commission recommended 16 essential actions that would facilitate delivery of the National Agreement, of which 15 were agreed to by all governments in July 2024. Mr Emerson said his bill had been developed through consultation with local Aboriginal leaders and peak bodies, and would give effect to two of the essential actions recommended by the Productivity Commission — action 3.5 and action 4.3.

Action 3.5 is to “embed responsibility for improving cultural capability and relationships with Aboriginal and Torres Strait Islander people into public sector employment requirements” with the expectation that those requirements “flow through into the performance agreements and KPIs of [all public sector] CEOs, executives and employees”. Recommendation 2(a) of the Aboriginal-led review similarly calls for governments  to “embed systemic change into leadership contracts and KPIs.”

Action 4.3 is to “amend all relevant legislation or rules to include a requirement for every government organisation to include a statement on Closing the Gap in its annual report,” with statements laying out the “substantive activities that each government organisation is undertaking to implement the Agreement’s Priority Reforms and the demonstrated outcomes of those activities.”

”Passing this bill will embed accountability for delivering on the Closing the Gap commitments deep within the operational fabric of the ACT Government,” Mr Emerson said.

”We know systemic change is needed to address the entrenched disadvantage experienced by members of our First Nations community here in the ACT. 

”Aboriginal people in our community report experiencing racial prejudice at higher rates than anywhere else in Australia. The ACT has the highest Indigenous incarceration gap in the country and, by far, the highest persistent homelessness rate among Aboriginal people.

”Business as usual clearly isn’t working. We need to see the commitments contained in the National Agreement on Closing the Gap matched with comprehensive and sustained action across the entire ACT Government.

“It’s inexcusable to fail to follow through on a signed agreement.”

The ACT Aboriginal and Torres Strait Islander Elected Body issued a statement supporting the bill.

“The ACT Aboriginal and Torres Strait Islander Elected Body supports the introduction of this bill, which goes to the heart of implementing the National Closing the Gap Targets,” the statement said.

“We recognise the ongoing call from the Coalition of Peaks for practical and structural reforms that deliver real change in how governments work with Aboriginal and Torres Strait Islander peoples and community-controlled organisations.

“This bill represents a step in the right direction. It provides a framework that places greater accountability on senior public servants to demonstrate the effectiveness of programs and policies developed for, and on behalf of, our people.

“Our community deserves transparency, culturally safe decision-making, and programs that are driven by our voices and measured by our priorities. This bill helps set that expectation in law.”

Paula McGrady, former Deputy Chair of the ACT Aboriginal and Torres Strait Islander Elected Body, said she was in the room 12 months ago when the ACT Government agreed to the Productivity Commission’s recommendations, and was deeply disappointed they hadn’t been fully implemented yet.

“As more time passes without change, more of our kids end up in out-of-home care and youth detention,” Ms McGrady said.

“Instead of breaking intergenerational cycles of trauma and poverty, our kids remain stuck in systems that are failing them. Lives depend on the Government paying heartfelt attention to getting this right. If they don’t, it’s on their watch that our people continue to suffer.”

Julie Tongs, CEO of Winnunga Nimmityjah Aboriginal Health and Community Services, said the Productivity Commission review of progress in implementing the Agreement was “a damning indictment of the lack of commitment and progress by all States and Territories, including none more so than the ACT, in meeting the agreed targets.” 

“While each of these shortcomings is deeply distressing to the Aboriginal community, none more so than the fact that the number of Aboriginal and Torres Strait Islander children in out-of-home care is not only not on track; it has increased since the Closing the Gap agreement was adopted,” Ms Tongs said.

Ms Tongs urged all members of the Legislative Assembly to support the bill, saying that “an oversight arrangement such as that proposed by Mr Emerson would play a meaningful role in guaranteeing a stronger focus on the implementation of the closing the gap targets”.

Natalie Brown, Chair of the Our Booris Our Way Implementation Oversight Committee, said the ACT Government needed to be more proactive and accountable in fulfilling its commitments.

“We started the Our Booris Our Way process back in 2018, and seven years later, many of the recommendations still have not been implemented,” said Ms Brown.

“Although there have been some successes in implementing our recommendations, as evidenced by better practices on the ground for our children, young people, and families, there is a lack of institutional accountability for the government's own commitments.

“We are exhausted, frustrated, and sick of raising the same concerns repeatedly. The government can't rely on Aboriginal people to do all the work, nor can they rely solely on pockets of individual leadership that display good relational accountability to carry all the weight.

“Whilst this is occurring, the ACT loses good leaders. We need the entire public service to come to the table and take action to close the gap, and this bill can help make that happen.”

Ngunnawal Elder Aunty Violet Sheridan said the ACT had an opportunity to show leadership on First Nations issues, and described the bill as a positive step forward.

“We hear a lot of talk and a lot of promises, but where’s the action?” Ms Sheridan said.

“The ACT voted ‘Yes’. We know Canberrans care about our issues, but that needs to be backed by real action from the government. 

“It should be the responsibility of all government officials to deliver on the National Agreement on Closing the Gap. Our people are tired of waiting.”