(Cth) Make ‘Closing the Gap’ a Statutory Duty for the APS

Zehra Yamac, Jacinda Dixon-Rielly, Harriett Cox & Zoe Kromar
6 days ago
7 min read

Author: Zehra Yamac, Jacinda Dixon-Rielly, Harriett Cox & Zoe Kromar | Publish date: 6/7/2026

P: In Australia, the implementation of the National Agreement on Closing the Gap is not explicitly recognised as a core statutory duty of the Australian Public Service.
S: The Minister for the Public Service should amend Sections 3, 44 and 57 of the Public Service Act 1999 (Cth) to establish the implementation of the National Agreement on Closing the Gap as a core statutory duty of the Australian Public Service.
E: Close the Gap Campaign: ‘Amend the Public Service Act 1999 to explicitly recognise the implementation of the National Agreement on Closing the Gap as a core statutory duty of the Australian Public Service’.

Problem Identification:

Section 3, Section 44 and Section 57 of the Public Service Act 1999 (Cth) set the objectives of the Act, the annual State of the Service report of performance and the statutory duties of the Australian Public Service (APS). For example, under the APS Code of Conduct, employees are obligated to ‘treat everyone with respect and courtesy’. However, implementing the National Agreement on Closing the Gap (NACG) is not listed as a statutory duty.

Close the Gap Co-Chair Karl Briscoe stated this means that ‘the public service … lacks the structural capability to hold itself accountable.’ The 2026 Close the Gap Campaign Report (CTGC) noted a ‘lack of accountability mean[s] poor outcomes are reported without consequences.’ The 2025 Closing the Gap Independent Aboriginal and Torres Strait Islander Led Review (Final Report) highlighted that ‘an unsustainable cultural load [is placed] on Indigenous public servants.’

Context:

Closing the Gap refers to ‘the collective effort to reduce disparities in health, education, employment, housing, and justice outcomes for Aboriginal and Torres Strait Islander people.’

The NACG refers to a ‘formal agreement between Australian governments and the Coalition of Aboriginal and Torres Strait Islander Peak Organisations [COP] that establishes priority reforms and measurable socio-economic targets.’ CTGC reported ‘progress remains deeply concerning … [as] only four of the nineteen socio-economic targets are currently on track.’

According to the Priority Reforms Roadmap (2025), as part of the NACG, the APS’s role involves ‘building a system that: partners genuinely with First Nations peoples, embeds cultural safety and eliminates racism, and shares power and accountability’.

Arguments:

CTGC noted ‘the absence of binding accountability mechanisms [within the APS] undermines the [NACG’s] transformative potential.’ They stated that ‘while the [NACG’s] architecture is robust, implementation has been inconsistent’, as the ‘business-as-usual approach [of the APS] ... fails to challenge systemic disadvantage’. The Final Report highlighted ‘there is limited evidence that governments are making any systemic changes to meet commitments’. The Review of the National Agreement on Closing the Gap (2024) indicated ‘government decisions that contradict commitments in the [NACG] … exacerbate, rather than remedy, disadvantage and discrimination.’

The Final Report stated ‘the burden for … [the NACG’s] success rests too heavily on Aboriginal and Torres Strait Islander parties, while government parties carry a lighter responsibility.’ COP noted ‘governments continue to favour advisory functions over genuine shared decision-making’ and emphasised ‘the weight of implementation is not being shared equitably.’ They highlighted that ‘the burden … on Aboriginal Community Controlled Organisations and peak bodies, many of which are under-resourced and overconsulted … creates a further imbalance’. The Productivity Commission stated ‘the power imbalance … is a persistent barrier to progressing the Priority Reforms’ and ‘risks [the NACG] becoming another broken promise’.

The Final Report found ‘a reliance of governments on Aboriginal and Torres Strait Islander public servants as bearing responsibility for government transformation.’ COP stated First Nations public servants are ‘often expected to carry cultural, relational and representational responsibilities on top of their formal roles.’ The Final Report argued ‘this cultural load is inappropriate and that it is not the responsibility of First Nations people to make government examine how it treats our communities and then fix it.’

Advice/Solution Identification:

CTGC has called for the NACG to be established as a core statutory duty for the APS. They stated this would provide ‘the structural backbone needed to ensure the APS consistently, transparently, and effectively delivers on Closing the Gap commitments.’

Precedent:

There is a domestic precedent for making the NACG a statutory duty for the APS. In the ACT, all senior public servants are legally obligated to implement the NACG.

Public Support:

Close the Gap Campaign (CTGC)

Broad Support

Jumbunna Institute for Indigenous Education and Research - Recommended embedding the NACG commitments in key performance indicators and employee contracts of all APS workers, and for the government to acknowledge cultural load. However, they haven’t explicitly called for making the NACG commitments a statutory duty for the APS.
Productivity Commission - Recommended increased government accountability and for all public sector employees should be required to be culturally capable. However, they haven’t explicitly called for making the NACG commitments a statutory duty for the APS.
Lowitja Institute - Supported the public sector reform and the delivery of commitments agreed to in the NACG. However, they haven’t explicitly called for making the NACG commitments a statutory duty for the APS.

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

The Guardian - “The first children born after Australia pledged to close the gap for First Nations people are now entering adulthood. What has changed?”. This article reported on the NACG targets, focusing on a family's aspirations as Aboriginal and Torres Strait Islander people, only one generation after the Stolen Generation in Australia. By: Sarah Collard | 28 March 2026 - Read the article here.
The Guardian - “Governments are leaving ‘heavy lifting’ on Closing the Gap to underresourced Aboriginal groups, review finds”. This article reported on the findings from an independent review by Jumbunna Institute for Indigenous Education on Closing the Gap. By: Sarah Collard | 23 June 2025 - Read the article here.
Brisbane Times - “This deal was meant to be a game-changer for Indigenous people. It hasn’t moved the dial”. This article reported on the Productivity Commission review that found governmental failure to deliver on the Closing the Gap Agreement. By: Natassia Chrysanthos & Jack Latimore | 6 February 2024 - Read the article here.
9 News - “‘They do not know what is best': Scathing report finds governments are failing Indigenous Australians”. This article reported on the Productivity Commission’s findings from its review of the NACG. By: Daniel Jeffrey | 7 February 2024. Read the article here.
The Conversation - “‘Tokenised, silenced’: new research reveals Indigenous public servants’ experiences of racism’”. This article reported on First Nations public servants often experiencing racism and carrying the cultural load in the workplace. By: Debbie Bargallie | 9 July 2020. Read the article here.

Where to go to learn more:

(2026) Community Voices: The Pathway to Justice, Equality and Healing | Close the Gap - This report examined the progress of Closing the Gap commitments and recommended making the National Agreement on Closing the Gap a statutory study for all levels of the APS. Read the report here.
(2024) The Review of the National Agreement on Closing the Gap | Close the Gap - This study report analysed the progress made on closing the gap against the 4 Priority Reform outcome areas in the NACG. Read the report here.
(2025) Enabling Local Government Participation in the National Agreement on Closing the Gap | Australian Local Government Association - This report analysed the uneven responses to the NACG at a local governance level and provided suggestions for developing localised, co-designed frameworks for meeting the Closing the Gap commitments. Read the report here.
(N/A) Closing the Gap | Australian Indigenous Health Info Net - This resource provided an ongoing centralised hub of information, including publications, resources, policies and programs related to the Closing the Gap commitments. Find the information portal here.
Public Service Act 1999 (Cth) - Read the full Act here.

Human Perspective:

Jiemba is a proud First Nations woman working as an assistant in the Australian Public Service. Although government reports frequently discussed implementing the National Agreement on Closing the Gap commitments, her daily reality felt largely unchanged. As one of the few First Nations employees in her team, Jiemba was routinely expected to speak on behalf of all Aboriginal and Torres Strait Islander peoples, despite the diverse communities and views across the country. This additional labour was rarely recognised or compensated. Alongside her regular duties, Jiemba carried the emotional burden of educating senior executives about systemic disadvantage and culturally appropriate engagement. She felt pressured to speak on deeply personal and community issues in environments where her perspectives were symbolically acknowledged but not meaningfully acted upon. Jiemba knew that there were statutory duties that everyone in the Australian Public Service had to follow, like treating everyone with respect and courtesy. She had heard an idea about implementing the National Agreement on Closing the Gap as a statutory duty. She thought that this could help to relieve the burden of responsibility placed on First Nations employees, because then all Australian Public Servants could be held accountable.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

N/A.

Support

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Reference list:

Australian Government. (2020). National Agreement on Closing the Gap. https://www.closingthegap.gov.au/sites/default/files/2022-09/ctg-national-agreement_apr-21-comm-infra-targets-updated-24-august-2022_0.pdf

Closing the Gap. (2025, December). Priority Reforms Roadmap. https://www.closingthegap.gov.au/national-agreement/priority-reforms-roadmap

Gibbs, C., Langton, M., Engel-Harrison, P., & Pitt, Z. (2026). COMMUNITY VOICES: The Pathway to Justice, Equality and Healing. Close the Gap – Campaign for Indigenous Health Equity. https://apo.org.au/sites/default/files/resource-files/2026-03/apo-nid333807.pdf

Governa.AI. (2026, March 30). APS | Glossary. https://www.governa.ai/glossaries/aps

Lavarch, L., Coombes, L., Gray, K., Anthony, C., & Nolan-Smith, S. (2025, June). Closing the Gap Independent Aboriginal and Torres Strait Islander Led Review. https://static1.squarespace.com/static/62ebb08a9ffa427423c18724/t/685b4f091f5af860bd9f1b48/1750814543128/Closing+The+Gap+Review.pdf

Productivity Commission. (2024). Review of the National Agreement on Closing the Gap, Study report, Volume 1. Australian Government. https://assets.pc.gov.au/inquiries/completed/closing-the-gap-review/report/closing-the-gap-review-report.pdf

Public Service Act 1999 (Cth). https://www.legislation.gov.au/C2004A00538/latest/text

Thomas Emerson. (2025, December 2). Closing the Gap Bill Passes. https://www.thomasemerson.com/251202mr