{"id":"a-2025-34","name":"Public Sector (Closing the Gap) Legislation Amendment Act 2025","slug":"public-sector-closing-the-gap-legislation-amendment-act-2025","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24125,"registerId":"act-a-2025-34-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Sector (Closing the Gap) Legislation Amendment Act 2025","content":"J2025-293\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Sector (Closing the Gap)\nLegislation Amendment Act 2025\nA2025-34\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\nPart 2 Annual Reports (Government Agencies)\nAct 2004\n4 State of the service report\nNew section 5 (2) (aa) 3\n5 New section 5 (4) 3\n\nContents\nPage\ncontents 2 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\nA2025-34\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Director-general annual report\nSection 6 (2) 3\n7 Public sector body annual report\nNew section 7 (2A) 4\n8 Annual report direction\nSection 8 (3) (h) 4\n9 Section 8 (5) 5\n10 Consultation about annual report direction\nNew section 9 (1A) and (1B) 5\n11 Section 9 (1) 6\n12 New section 9 (1) (aa) 6\n13 Section 9 (3), new definition of elected body 6\n14 Dictionary, new definition of National Agreement on Closing the Gap 7\nPart 3 Public Sector Management Act 1994\n15 Meaning of public sector principles\nNew section 8 (1) (c) 8\n16 New section 8 (3A) and (3B) 8\n17 Section 8 (4), new definitions 8\n18 Public sector standards for public sector member etc\nNew section 151 (1A) 10\n19 New section 253 10\n\nJ2025-293\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Sector (Closing the Gap)\nLegislation Amendment Act 2025\nA2025-34\nAn Act to amend the Annual Reports (Government Agencies) Act 2004 and the\nPublic Sector Management Act 1994\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\nA2025-34\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Public Sector (Closing the Gap) Legislation\nAmendment Act 2025.\n2 Commencement\nThis Act commences on 1 July 2026.\nNote The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\n3 Legislation amended\nThis Act amends the Annual Reports (Government Agencies)\nAct 2004 and the Public Sector Management Act 1994.\n\nAnnual Reports (Government Agencies) Act 2004 Part 2\nSection 4\nA2025-34 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Annual Reports (Government\nAgencies) Act 2004\n4 State of the service report\nNew section 5 (2) (aa)\ninsert\n(aa) a statement describing the measures taken within the public\nsector to assist SES members and statutory office-holders to do\ntheir jobs in accordance with the closing the gap principle; and\nNote See the Public Sector Management Act 1994, s 8 (3A) and\ns 151 (1A).\n5 New section 5 (4)\ninsert\n(4) In this section:\nclosing the gap principle—see the Public Sector Management\nAct 1994, section 8 (4).\nSES member—see the Public Sector Management Act 1994,\ndictionary.\n6 Director-general annual report\nSection 6 (2)\nsubstitute\n(2) The report must include—\n(a) a statement describing the measures taken by the administrative\nunit during the reporting year to respect, protect and promote\nhuman rights; and\n\nPart 2 Annual Reports (Government Agencies) Act 2004\nSection 7\npage 4 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\nA2025-34\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a statement describing the measures taken by the administrative\nunit during the reporting year to implement the National\nAgreement on Closing the Gap, including measures taken—\n(i) to implement the priority reforms (however described)\nmentioned in the agreement; and\n(ii) in response to any recommendations (however described)\nin any review of progress under the agreement.\n7 Public sector body annual report\nNew section 7 (2A)\ninsert\n(2A) The report must include a statement describing the measures taken by\nthe public sector body during the reporting year to implement the\nNational Agreement on Closing the Gap, including measures taken—\n(a) to implement the priority reforms (however described)\nmentioned in the agreement; and\n(b) in response to any recommendations (however described) in any\nreview of progress under the agreement.\n8 Annual report direction\nSection 8 (3) (h)\nsubstitute\n(h) for a territory entity annual report—the report to include 1 or\nboth of the following statements:\n(i) a statement describing the measures taken by the territory\nentity during the reporting year to respect, protect and\npromote human rights;\n(ii) a statement describing the measures taken by the territory\nentity during the reporting year to implement the National\nAgreement on Closing the Gap.\n\nAnnual Reports (Government Agencies) Act 2004 Part 2\nSection 9\nA2025-34 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Section 8 (5)\nsubstitute\n(5) The Minister must present to the Legislative Assembly, not later than\n6 sitting days after the day an annual report direction is notified under\nthe Legislation Act, copies of each of the following:\n(a) the direction;\n(b) if the elected body made a recommendation to the Minister\nabout the proposed annual report direction under\nsection 9 (1B)—the recommendation and the Minister’s\nresponse.\n10 Consultation about annual report direction\nNew section 9 (1A) and (1B)\nbefore subsection (1), insert\n(1A) Before making an annual report direction under section 8, the\nMinister must undertake consultation in accordance with this section.\n(1B) The Minister must—\n(a) give the elected body a copy of the proposed annual report\ndirection; and\n(b) ask the elected body, in writing, for any recommendation about\nthe proposed annual report direction for matters relating to\nAboriginal and Torres Strait Islander peoples; and\n(c) if the elected body makes a recommendation in writing to the\nMinister—\n(i) consider the recommendation; and\n(ii) respond in writing to the elected body about the\nrecommendation, including any revision of the proposed\nannual report direction because of the recommendation.\n\nPart 2 Annual Reports (Government Agencies) Act 2004\nSection 11\npage 6 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\nA2025-34\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Section 9 (1)\nomit\nBefore making an annual report direction under section 8,\nsubstitute\nAfter responding to the elected body's recommendation, or if the\nelected body has not made a recommendation to the Minister within\n30 days of being asked,\n12 New section 9 (1) (aa)\ninsert\n(aa) if the elected body made a recommendation to the Minister—\ngive the committee a copy of the recommendation and the\nMinister’s response; and\n13 Section 9 (3), new definition of elected body\ninsert\nelected body means the Aboriginal and Torres Strait Islander Elected\nBody established under the Aboriginal and Torres Strait Islander\nElected Body Act 2008, section 7.\n\nAnnual Reports (Government Agencies) Act 2004 Part 2\nSection 14\nA2025-34 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Dictionary, new definition of National Agreement on\nClosing the Gap\ninsert\nNational Agreement on Closing the Gap—\n(a) means the National Agreement on Closing the Gap between the\nACT, the Commonwealth, States, the Australian Local\nGovernment Association and the Coalition of Aboriginal and\nTorres Strait Islander Peak Organisations that took effect on\n27 July 2020, as in force from time to time; and\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n(b) includes any future agreement mentioned in clause 13 of the\nagreement.\nNote The National Agreement on Closing the Gap is available at\nwww.closingthegap.gov.au.\n\nPart 3 Public Sector Management Act 1994\nSection 15\npage 8 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\nA2025-34\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Public Sector Management\nAct 1994\n15 Meaning of public sector principles\nNew section 8 (1) (c)\ninsert\n(c) the closing the gap principle.\n16 New section 8 (3A) and (3B)\ninsert\n(3A) An SES member must do their job in accordance with the closing the\ngap principle.\n(3B) Subsection (3A) does not—\n(a) affect the operation of any other Act; or\n(b) create or affect any other legal right.\nNote Failing to act in a way that is consistent with s (3A) may be misconduct\n(see s 9 (1) (c) (i) and (3)).\n17 Section 8 (4), new definitions\ninsert\nAboriginal and Torres Strait Islander cultural capability means the\nextent to which knowledge about the experiences and aspirations of\nAboriginal and Torres Strait Islander peoples is integrated into the\nway the public sector works, including policies, practices and\nattitudes, to improve outcomes for Aboriginal and Torres Strait\nIslander peoples.\n\nPublic Sector Management Act 1994 Part 3\nSection 17\nA2025-34 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nclosing the gap principle—an SES member does their job in\naccordance with the closing the gap principle if—\n(a) for provisions of the National Agreement on Closing the Gap\nthat relate to transformation or governance of government\nagencies—the SES member implements those provisions of the\nagreement, including by—\n(i) continually developing and demonstrating their\nAboriginal and Torres Strait Islander cultural capability;\nand\n(ii) continually developing the Aboriginal and Torres Strait\nIslander cultural capability of their administrative unit and,\nfor the head of service, of the service; and\n(iii) promoting cultural safety for Aboriginal and Torres Strait\nIslander peoples; and\n(iv) working to eliminate institutional racism in relation to\nAboriginal and Torres Strait Islander peoples; and\n(b) for other provisions of the National Agreement on Closing the\nGap that relate to the SES member’s job—the SES member—\n(i) implements those provisions of the agreement; or\n(ii) provides advice to the Minister responsible for the SES\nmember’s administrative unit about implementing those\nprovisions of the agreement.\ncultural safety—see the National Agreement on Closing the Gap,\npart 12 (Definitions).\ninstitutional racism, in relation to Aboriginal and Torres Strait\nIslander peoples, means the inequitable treatment and outcomes\nexperienced by Aboriginal and Torres Strait Islander peoples as a\nresult of an entity’s policies, practices and culture.\n\nPart 3 Public Sector Management Act 1994\nSection 18\npage 10 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\nA2025-34\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNational Agreement on Closing the Gap—\n(a) means the National Agreement on Closing the Gap between the\nACT, the Commonwealth, States, the Australian Local\nGovernment Association and the Coalition of Aboriginal and\nTorres Strait Islander Peak Organisations that took effect on\n27 July 2020, as in force from time to time; and\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n(b) includes any future agreement mentioned in clause 13 of the\nagreement.\nNote The National Agreement on Closing the Gap is available at\nwww.closingthegap.gov.au.\n18 Public sector standards for public sector member etc\nNew section 151 (1A)\ninsert\n(1A) Section 8 (3A) applies to a statutory office-holder as if they were an\nSES member.\n19 New section 253\ninsert\n253 Review of amendments made by Public Sector (Closing\nthe Gap) Legislation Amendment Act 2025\n(1) The Minister must review the operation of amendments made by the\nPublic Sector (Closing the Gap) Legislation Amendment Act 2025 as\nsoon as practicable after 1 January 2028.\n(2) The Minister must present a report of the review to the Legislative\nAssembly within 6 months after the review is started.\n(3) This section expires on 30 June 2029.\n\nA2025-34 Public Sector (Closing the Gap) Legislation\nAmendment Act 2025\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 26 June 2025.\n2 Notification\nNotified under the Legislation Act on 15 December 2025.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Public Sector (Closing the Gap)\nLegislation Amendment Bill 2025, which was passed by the Legislative\nAssembly on 2 December 2025.\nClerk of the Legislative Assembly\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act broadens the scope of existing public‑sector duties and reporting. It inserts the \"closing the gap\" principle into the public sector principles and makes it an explicit duty for SES members and statutory office‑holders (Public Sector Management Act 1994, s 8 (1)(c), (3A); s 151 (1A)). It expands annual reporting requirements to cover measures implementing the National Agreement and human rights (Annual Reports (Government Agencies) Act 2004, ss 5(2)(aa), 6(2), 7(2A), 8(3)(h)), adds formal consultation and publication duties involving the Aboriginal and Torres Strait Islander Elected Body (ss 9(1A)–(1B), 9(1)(aa), 8(5)), and requires a Ministerial review of the amendments by January 2028 (PSM Act s 253)."},"complexity_factors":["Creates a new enforceable duty on SES members and statutory office‑holders to act in accordance with the \"closing the gap\" principle (Public Sector Management Act 1994, s 8 (3A); s 151 (1A)).","Expands and fragments reporting obligations across several reports (State of the service, director‑general, public sector body, territory entity) to include National Agreement implementation and human rights (Annual Reports (Government Agencies) Act 2004, ss 5(2)(aa), 6(2), 7(2A), 8(3)(h)).","Imposes formal consultation requirements with the Aboriginal and Torres Strait Islander Elected Body and publication of recommendations and Ministerial responses (Annual Reports (Government Agencies) Act 2004, ss 9(1A)–(1B), 9(1)(aa), 8(5)).","Introduces multiple new defined concepts (closing the gap principle, Aboriginal and Torres Strait Islander cultural capability, National Agreement on Closing the Gap) that cross‑reference an external intergovernmental agreement that may change over time (Public Sector Management Act 1994, s 8(4); Annual Reports Act dictionary inserts).","Links non‑compliance by SES members to possible misconduct processes (note to s 8 (3A) / s 9 references), creating disciplinary exposure tied to interpretive questions about duty scope.","Requires a Ministerial review of the amendments with a statutory reporting deadline and an expiry for the review power (Public Sector Management Act 1994, s 253), adding administrative follow‑up obligations.","Interplay with existing statutes and the express clause that the duty \"does not affect the operation of any other Act or create or affect any other legal right\" (s 8 (3B)) creates potential interpretive complexity about enforceability and legal effects."],"plain_english_summary":"This Act adds a \"closing the gap\" duty for senior public servants and statutory office‑holders and requires agencies to report on measures implementing the National Agreement and on human rights. Ministers must consult the Aboriginal and Torres Strait Islander Elected Body about annual‑report directions. Agencies carry the compliance and reporting burden; SES members must develop Aboriginal and Torres Strait Islander cultural capability and may face misconduct consequences for non‑compliance. The Minister sets directions but must publish any elected‑body recommendations and review the amendments by January 2028."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of embedding Closing the Gap obligations into ACT public sector management and reporting frameworks. The amendments are targeted and do not expand beyond the stated intent of amending the two specified Acts to implement the National Agreement."},"complexity_factors":["Moderate cross-referencing between two principal Acts (Annual Reports Act and Public Sector Management Act)","Nested conditional logic in the definition of 'closing the gap principle' (distinguishing between transformation/governance provisions vs other provisions)","Multiple new reporting obligations across different report types (State of Service, Director-General, public sector body, territory entity)","Introduction of 5 new defined terms across the two Acts (closing the gap principle, Aboriginal and Torres Strait Islander cultural capability, institutional racism, elected body, National Agreement on Closing the Gap)","Sunset clause for review provision (expires 30 June 2029)","Application provision extending SES obligations to statutory office-holders by reference"],"plain_english_summary":"This law embeds the National Agreement on Closing the Gap into the territory’s public service, making senior executives and statutory office-holders responsible for building cultural capability, promoting cultural safety, eliminating institutional racism, and implementing (or advising on) relevant Closing the Gap measures.  \n\nIt also mandates annual public reporting on those efforts and requires the Aboriginal and Torres Strait Islander Elected Body to be consulted and formally responded to—raising accountability, transparency, and Indigenous voice in ACT governance."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-closing-the-gap-legislation-amendment-act-2025","history":"/api/acts/public-sector-closing-the-gap-legislation-amendment-act-2025/history","analysis":"/api/acts/public-sector-closing-the-gap-legislation-amendment-act-2025/analysis","conflicts":"/api/acts/public-sector-closing-the-gap-legislation-amendment-act-2025/conflicts","importantCases":"/api/acts/public-sector-closing-the-gap-legislation-amendment-act-2025/important-cases","documents":"/api/acts/public-sector-closing-the-gap-legislation-amendment-act-2025/documents"}}