J2025-293
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Public Sector (Closing the Gap)
Legislation Amendment Act 2025
A2025-34
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2 Annual Reports (Government Agencies)
Act 2004
4 State of the service report
New section 5 (2) (aa) 3
5 New section 5 (4) 3
Contents
Page
contents 2 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
A2025-34
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
6 Director-general annual report
Section 6 (2) 3
7 Public sector body annual report
New section 7 (2A) 4
8 Annual report direction
Section 8 (3) (h) 4
9 Section 8 (5) 5
10 Consultation about annual report direction
New section 9 (1A) and (1B) 5
11 Section 9 (1) 6
12 New section 9 (1) (aa) 6
13 Section 9 (3), new definition of elected body 6
14 Dictionary, new definition of National Agreement on Closing the Gap 7
Part 3 Public Sector Management Act 1994
15 Meaning of public sector principles
New section 8 (1) (c) 8
16 New section 8 (3A) and (3B) 8
17 Section 8 (4), new definitions 8
18 Public sector standards for public sector member etc
New section 151 (1A) 10
19 New section 253 10
J2025-293
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Public Sector (Closing the Gap)
Legislation Amendment Act 2025
A2025-34
An Act to amend the Annual Reports (Government Agencies) Act 2004 and the
Public Sector Management Act 1994
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary
Section 1
page 2 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
A2025-34
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 1 Preliminary
1 Name of Act
This Act is the Public Sector (Closing the Gap) Legislation
Amendment Act 2025.
2 Commencement
This Act commences on 1 July 2026.
Note The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended
This Act amends the Annual Reports (Government Agencies)
Act 2004 and the Public Sector Management Act 1994.
Annual Reports (Government Agencies) Act 2004 Part 2
Section 4
A2025-34 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2 Annual Reports (Government
Agencies) Act 2004
4 State of the service report
New section 5 (2) (aa)
insert
(aa) a statement describing the measures taken within the public
sector to assist SES members and statutory office-holders to do
their jobs in accordance with the closing the gap principle; and
Note See the Public Sector Management Act 1994, s 8 (3A) and
s 151 (1A).
5 New section 5 (4)
insert
(4) In this section:
closing the gap principle—see the Public Sector Management
Act 1994, section 8 (4).
SES member—see the Public Sector Management Act 1994,
dictionary.
6 Director-general annual report
Section 6 (2)
substitute
(2) The report must include—
(a) a statement describing the measures taken by the administrative
unit during the reporting year to respect, protect and promote
human rights; and
Section 1 - Public Sector (Closing the Gap) Legislation Amendment Act 2025 - Public Sector (Closing the Gap) Legislation Amendment Act 2025 | Zoe
Part 2 Annual Reports (Government Agencies) Act 2004
Section 7
page 4 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
A2025-34
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) a statement describing the measures taken by the administrative
unit during the reporting year to implement the National
Agreement on Closing the Gap, including measures taken—
(i) to implement the priority reforms (however described)
mentioned in the agreement; and
(ii) in response to any recommendations (however described)
in any review of progress under the agreement.
7 Public sector body annual report
New section 7 (2A)
insert
(2A) The report must include a statement describing the measures taken by
the public sector body during the reporting year to implement the
National Agreement on Closing the Gap, including measures taken—
(a) to implement the priority reforms (however described)
mentioned in the agreement; and
(b) in response to any recommendations (however described) in any
review of progress under the agreement.
8 Annual report direction
Section 8 (3) (h)
substitute
(h) for a territory entity annual report—the report to include 1 or
both of the following statements:
(i) a statement describing the measures taken by the territory
entity during the reporting year to respect, protect and
promote human rights;
(ii) a statement describing the measures taken by the territory
entity during the reporting year to implement the National
Agreement on Closing the Gap.
Annual Reports (Government Agencies) Act 2004 Part 2
Section 9
A2025-34 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
9 Section 8 (5)
substitute
(5) The Minister must present to the Legislative Assembly, not later than
6 sitting days after the day an annual report direction is notified under
the Legislation Act, copies of each of the following:
(a) the direction;
(b) if the elected body made a recommendation to the Minister
about the proposed annual report direction under
section 9 (1B)—the recommendation and the Minister’s
response.
10 Consultation about annual report direction
New section 9 (1A) and (1B)
before subsection (1), insert
(1A) Before making an annual report direction under section 8, the
Minister must undertake consultation in accordance with this section.
(1B) The Minister must—
(a) give the elected body a copy of the proposed annual report
direction; and
(b) ask the elected body, in writing, for any recommendation about
the proposed annual report direction for matters relating to
Aboriginal and Torres Strait Islander peoples; and
(c) if the elected body makes a recommendation in writing to the
Minister—
(i) consider the recommendation; and
(ii) respond in writing to the elected body about the
recommendation, including any revision of the proposed
annual report direction because of the recommendation.
Part 2 Annual Reports (Government Agencies) Act 2004
Section 11
page 6 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
A2025-34
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
11 Section 9 (1)
omit
Before making an annual report direction under section 8,
substitute
After responding to the elected body's recommendation, or if the
elected body has not made a recommendation to the Minister within
30 days of being asked,
12 New section 9 (1) (aa)
insert
(aa) if the elected body made a recommendation to the Minister—
give the committee a copy of the recommendation and the
Minister’s response; and
13 Section 9 (3), new definition of elected body
insert
elected body means the Aboriginal and Torres Strait Islander Elected
Body established under the Aboriginal and Torres Strait Islander
Elected Body Act 2008, section 7.
Annual Reports (Government Agencies) Act 2004 Part 2
Section 14
A2025-34 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
14 Dictionary, new definition of National Agreement on
Closing the Gap
insert
National Agreement on Closing the Gap—
(a) means the National Agreement on Closing the Gap between the
ACT, the Commonwealth, States, the Australian Local
Government Association and the Coalition of Aboriginal and
Torres Strait Islander Peak Organisations that took effect on
27 July 2020, as in force from time to time; and
Note State includes the Northern Territory (see Legislation Act, dict,
pt 1).
(b) includes any future agreement mentioned in clause 13 of the
agreement.
Note The National Agreement on Closing the Gap is available at
www.closingthegap.gov.au.
Part 3 Public Sector Management Act 1994
Section 15
page 8 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
A2025-34
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 3 Public Sector Management
Act 1994
15 Meaning of public sector principles
New section 8 (1) (c)
insert
(c) the closing the gap principle.
16 New section 8 (3A) and (3B)
insert
(3A) An SES member must do their job in accordance with the closing the
gap principle.
(3B) Subsection (3A) does not—
(a) affect the operation of any other Act; or
(b) create or affect any other legal right.
Note Failing to act in a way that is consistent with s (3A) may be misconduct
(see s 9 (1) (c) (i) and (3)).
17 Section 8 (4), new definitions
insert
Aboriginal and Torres Strait Islander cultural capability means the
extent to which knowledge about the experiences and aspirations of
Aboriginal and Torres Strait Islander peoples is integrated into the
way the public sector works, including policies, practices and
attitudes, to improve outcomes for Aboriginal and Torres Strait
Islander peoples.
Public Sector Management Act 1994 Part 3
Section 17
A2025-34 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
closing the gap principle—an SES member does their job in
accordance with the closing the gap principle if—
(a) for provisions of the National Agreement on Closing the Gap
that relate to transformation or governance of government
agencies—the SES member implements those provisions of the
agreement, including by—
(i) continually developing and demonstrating their
Aboriginal and Torres Strait Islander cultural capability;
and
(ii) continually developing the Aboriginal and Torres Strait
Islander cultural capability of their administrative unit and,
for the head of service, of the service; and
(iii) promoting cultural safety for Aboriginal and Torres Strait
Islander peoples; and
(iv) working to eliminate institutional racism in relation to
Aboriginal and Torres Strait Islander peoples; and
(b) for other provisions of the National Agreement on Closing the
Gap that relate to the SES member’s job—the SES member—
(i) implements those provisions of the agreement; or
(ii) provides advice to the Minister responsible for the SES
member’s administrative unit about implementing those
provisions of the agreement.
cultural safety—see the National Agreement on Closing the Gap,
part 12 (Definitions).
institutional racism, in relation to Aboriginal and Torres Strait
Islander peoples, means the inequitable treatment and outcomes
experienced by Aboriginal and Torres Strait Islander peoples as a
result of an entity’s policies, practices and culture.
Part 3 Public Sector Management Act 1994
Section 18
page 10 Public Sector (Closing the Gap) Legislation
Amendment Act 2025
A2025-34
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
National Agreement on Closing the Gap—
(a) means the National Agreement on Closing the Gap between the
ACT, the Commonwealth, States, the Australian Local
Government Association and the Coalition of Aboriginal and
Torres Strait Islander Peak Organisations that took effect on
27 July 2020, as in force from time to time; and
Note State includes the Northern Territory (see Legislation Act, dict,
pt 1).
(b) includes any future agreement mentioned in clause 13 of the
agreement.
Note The National Agreement on Closing the Gap is available at
www.closingthegap.gov.au.
18 Public sector standards for public sector member etc
New section 151 (1A)
insert
(1A) Section 8 (3A) applies to a statutory office-holder as if they were an
SES member.
19 New section 253
insert
253 Review of amendments made by Public Sector (Closing
the Gap) Legislation Amendment Act 2025
(1) The Minister must review the operation of amendments made by the
Public Sector (Closing the Gap) Legislation Amendment Act 2025 as
soon as practicable after 1 January 2028.
(2) The Minister must present a report of the review to the Legislative
Assembly within 6 months after the review is started.
(3) This section expires on 30 June 2029.