Allegations of discrimination against First Nations staff in ACT Public Service referred to independent watchdog

Allegations of systemic discrimination against First Nations staff in the ACT Public Service have been referred to the ACT Public Sector Standards Commissioner.

An ACT government spokesperson confirmed late on Tuesday afternoon the allegations, which were raised by the former head of the Office of Aboriginal and Torres Strait Islander Affairs (OATSIA) Brendan Moyle, had been referred to the independent watchdog.

The development follows calls from several Indigenous leaders for a formal investigation, after Mr Moyle told the ABC of the systemic discrimination, racism and lack of cultural safety experienced by First Nations staff.

Mr Moyle said that the welfare of Indigenous staff — and his own — had been repeatedly put at risk during his two-and-a-half-year tenure, due to a documented chronic lack of cultural safety and excessive cultural load across the ACT public service.

"Aboriginal and Torres Strait Islander staff were presenting to me reporting suicidal ideations that were showing signs of extreme high stress," he said.

"The history of raising these issues includes no response provided, no action."

Internal government documents show the directorate's Indigenous staff felt "broken" and "exhausted" by their workplace within "a system … designed to fracture and destroy the spirit".

Mr Moyle said that a formal inquiry was needed to get to the heart of the problem, and called for greater accountability for senior office holders in the territory public service.

'If you're serious about these issues … investigate'

Paula McGrady, the former deputy chair of the ACT Aboriginal and Torres Straight Islander Elected Body, agrees an inquiry is needed.

"A formal inquiry would be a start, and really being honest about what [the ACT government] can do in that commitment they've made with us," Ms McGrady said.

The Goomeri and Bigumbul woman said she is concerned that the welfare and life outcomes of Aboriginal and Torres Strait Islander people are on the line.

"Any barrier that is put in front of us to closing the gap, as we want to close the gap more than anyone, then we need to talk about it," Ms McGrady said.

"Our community, our children, our future … those lives are at stake."

Bundjalung and Yorta Yorta man Joe Hedger is the founder of the not-for-profit Cuz Boxing gym and has worked closely with the public service.

He too commended Mr Moyle's "immense bravery and courage" in telling his story, and supported the call for a formal inquiry.

"I saw that the minister [Suzanne Orr] came out and said that she was serious about these issues," he said.

"An investigation will help uncover what's causing someone like Brendan Moyle, who's a highly experienced public servant — someone with immense insight and perspective and lived experience that he brought to that position — felt so compelled to leave.

Mr Hedger said that the discrimination and deterioration of workplace culture as reported by Mr Moyle had a direct impact on the ACT's Aboriginal and Torres Strait Islander policy targets and outcomes.

"We only have to look at the recent reporting, and we can see across nearly every indicator that we're failing," he said.

"We're talking about over a decade of consecutive policy failure.

"These aren't just statistics. These aren't just KPIs. These are real issues, and we see those issues here in the community."

Government considering allegations

Earlier on Tuesday, ACT Chief Minister Andrew Barr said there was already work underway within the public service to address systemic issues, and that individual cases could be dealt with by existing processes.

Mr Barr was reluctant to immediately commit to a formal inquiry led by the government, pointing instead to "a range of entities that sit outside of the direct public service day-to-day operations that are there for oversight and investigation purposes".

He cited the ACT Public Sector Standards Commissioner as an example.

Mr Barr said there were "clearly" some instances where agencies and individuals needed to do better.

"And there are examples that are, I think, evident of a challenge that is broader than just the public service that reflects societal and community attitudes."

Before the referral to the commissioner was confirmed, independent MLA Thomas Emerson had warned the government it could face pressure to act.

Mr Emerson had successfully sought the release of documents containing the details of the allegations of discrimination against First Nations' staff within the public service.

He was adamant that if the government did not initiate a formal inquiry in the coming days, he would.

Mr Emerson urged the chief minister to show leadership on the issue.

"Now is an opportunity for the chief minister, who said that Closing the Gap initiatives were among his top 10 priorities for 2026, to come to the table and say, 'We're investigating this'."