Meaning of public sector principles
8 Meaning of public sector principles
The public sector principles are—
the best practice principle; and
the merit and equity principle; and
the closing the gap principle.
A public servant must do the public servant’s job in accordance with the best practice principle.
The head of service must exercise a function under this Act in accordance with the merit and equity principle.
An SES member must do their job in accordance with the closing the gap principle.
Subsection (4) does not—
affect the operation of any other Act; or
create or affect any other legal right.
Failing to act in a way that is consistent with s (4) may be misconduct (see s 9 (1) (c) (i) and (3)).
In this section:
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.
best practice principle—a public servant does the public servant’s job in accordance with the best practice principle if the public servant—
works efficiently, effectively and constructively; and
is responsive, collaborative and accountable; and
makes fair and reasonable decisions.
closing the gap principle—an SES member does their job in accordance with the closing the gap principle if—
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—
continually developing and demonstrating their Aboriginal and Torres Strait Islander cultural capability; and
continually developing the Aboriginal and Torres Strait Islander cultural capability of their administrative unit and, for the head of service, of the service; and
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; and
for other provisions of the National Agreement on Closing the Gap that relate to the SES member’s job—the SES member—
implements those provisions of the agreement; or
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.
merit and equity principle—the head of service exercises a function under this Act in accordance with the merit and equity principle if the head of service—
is an equitable employer; and
employs a person in a job who is best able to do the job in all the circumstances.
National Agreement on Closing the Gap—
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
State includes the Northern Territory (see Legislation Act, dict, pt 1).
includes any future agreement mentioned in clause 13 of the agreement.
The National Agreement on Closing the Gap is available at www.closingthegap.gov.au.
This Act’s bill:Explanatory statement
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