Today, the ACT’s Public Sector (Closing the Gap) Legislation Amendment Act 2025 comes into effect, after a Private Member’s Bill introduced by Independent Member for Kurrajong Thomas Emerson MLA was passed by the ACT Legislative Assembly late last year. This makes the ACT the first state or territory to legislate its commitments under the National Agreement on Closing the Gap.

The legislation requires all senior ACT public servants to play their part in implementing the provisions of the National Agreement on Closing the Gap, and all ACT Government agencies to report annually on the steps they’ve taken to follow through on those commitments.

Mr Emerson said the new laws would drive the systemic reform that had been committed to through multiple agreements, reviews and inquiries.

“For too long, governments have treated their commitments to improve life outcomes for Aboriginal and Torres Strait Islander people like optional extras,” Mr Emerson said.

“That changes today, with the ACT’s Closing the Gap commitments becoming law.”

“This legislation embeds the National Agreement on Closing the Gap within the core duties of all senior government officials, and within the reporting obligations of all government agencies.”

Mr Emerson said accountability was needed after years of inaction, pointing to a damning report from the ACT Aboriginal and Torres Strait Islander Elected Body released in the same month the Closing the Gap Bill passed, which found that “outcomes for Aboriginal and Torres Strait Islander people in the ACT have not only failed to improve, but in many areas, have gone backwards,” and that “the ACT is now in a worse position” than it was the year before the National Agreement on Closing the Gap was signed. 

“Today, systemic accountability to the Closing the Gap commitments becomes part of the very laws that dictate how the government must operate,” Mr Emerson said.

Earlier this year, the former head of the ACT Office of Aboriginal and Torres Strait Islander Affairs, Brendan Moyle, alleged that senior officials within the ACT Public Service had intentionally blocked work to progress the ACT Government’s Closing the Gap commitments, and ignored concerns he repeatedly raised about the damaging psychosocial impact this was having on Aboriginal and Torres Strait Islander staff in his team. 

With Budget Estimates hearings coming up, Mr Emerson said his priority was to ensure that the legislation delivers on its aims.

“I'll be questioning government agencies and Ministers about how they’re implementing the requirements imposed by these new laws,” said Mr Emerson.

Mr Emerson said he believed that if this legislation was used to leverage sustained action on the ground, the ACT could become the first jurisdiction in the country to deliver on its promise to close the gap in life outcomes for First Nations people – two decades after it was first made.

“This needs to be a turning point for Aboriginal and Torres Strait Islander Canberrans,” Mr Emerson said.

“They’ve waited far too long to see words being met with action. It’s time for change.”

Quote attributable to Chair of the ACT Aboriginal and Torres Strait Islander Elected Body (ATSIEB), Maurice Walker: 

"These reforms are an important step towards making Closing the Gap a shared responsibility across the ACT Government. ATSIEB looks forward to continuing to work in partnership with government to implement these changes, while also holding government to account for delivering on its commitments to Aboriginal and Torres Strait Islander people and communities."

Quotes attributable to Kamilaroi woman and former Deputy Chair of the ACT Aboriginal and Torres Strait Islander Elected Body, Paula McGrady:

“This legislation is momentous. What it can do to improve outcomes for First Nations people is exciting and gives us hope. I believe these laws will change the trajectory of people’s lives. This legislation tells decision-makers that our people deserve care, attention, and accountability. That takes the weight away from all of us on the frontlines of our community.

“We finally have an accountability framework that will make Closing the Gap a real priority and force the Government to take our issues seriously. That’s the least we deserve, after so many years of talk without action.” 

Quotes attributable to Bundjalung man and community advocate, Joe Hedger:

“The best solutions are designed and led by our people, and delivered by our people as well as with our people through genuine partnerships with the Government. This legislation gives us an opportunity to reset that relationship. It challenges all of us to move beyond measuring disadvantage and instead invest in Aboriginal community leadership, back what works and build genuine partnerships based on trust, shared decision-making and accountability.

“If we get this right, we'll see stronger families, healthier communities, better educational outcomes, greater economic opportunity and fewer of our people caught up in the justice system. That's what Closing the Gap has always been about and that's the opportunity this legislation presents from 1 July.”

MEDIA CONTACT: Will Devine | 0402 183 296 | [email protected]

BACKGROUND:

Mr Emerson introduced his Closing the Gap Bill in June 2025. 

In August 2025, 38 community leaders, including current and former Members of the ACT Aboriginal and Torres Strait Islander Elected Body, two former ACT Chief Ministers, Senator David Pocock and multiple First Nations leaders, signed an open letter calling for the bill to pass.

The bill was supported by the ACT Legislative Assembly in December 2025, with a delayed commencement date of 1 July 2026.

The bill inserted into the Public Sector Management Act 1994 a new ‘closing the gap principle’ that all Senior Executive Service (SES) members and statutory office holders will be bound by. The principle requires them to:

• Implement the provisions of the National Agreement on Closing the Gap that relate to transformation or governance of government agencies, including by:

  • Continually developing and demonstrating their Aboriginal and Torres Strait Islander cultural capability;

  • Continually developing the Aboriginal and Torres Strait Islander cultural capability of their administrative unit;

  • Promoting cultural safety for Aboriginal and Torres Strait Islander peoples; and

  • Working to eliminate institutional racism in relation to Aboriginal and Torres Strait Islander peoples.

• For other provisions of the National Agreement on Closing the Gap that relate to the individual’s job:

  • Implement those provisions of the agreement; or

  • Provide advice to their Minister about implementing those provisions of the agreement.

The bill also amended the Annual Reports (Government Agencies) Act 2004 to require all government agencies to include in their annual reports the measures that they have taken to implement the National Agreement on Closing the Gap, including the priority reforms it contains and what they have done in response to any recommendations from reviews of the National Agreement. The reporting format must be developed in consultation with the ACT Aboriginal and Torres Strait Islander Elected Body.