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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Western Australian Jobs Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Act binds Crown 4
Part 2 -- Western Australian
Industry Participation Strategy
5. Western Australian Industry Participation Strategy 5
6. WAIPS provisions 5
7. WAIPS objectives 5
8. WAIPS principles 6
9. WAIPS to be consistent with other requirements 6
10. WAIPS to be publicly available 6
Part 3 -- Participation plans
11. Participation plan 7
12. Procurement agency to require participation plan 7
13. Participation plan to be considered in procurement
process 7
14. Participation plan commitments to be incorporated
in supply contract 8
15. Exemption from s. 12(1) 8
16. Delegation 8
Part 4 -- Strategic projects
17. Determination of strategic project 10
18. Consultation 10
18--1 page i
Western Australian Jobs Bill 2017
Contents
Part 5 -- Reporting
19. Minister to report on implementation of Act and
WAIPS 12
20. Agencies to provide information to Minister 12
21. Laying report before House of Parliament when
House not sitting 12
Part 6 -- Miscellaneous
22. Obligation imposed on department 14
23. Obligation imposed under Act overrides other
obligations 14
24. Effect of contravention of Act or WAIPS 14
25. Regulations 14
26. Review of Act 14
Defined terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Western Australian Jobs Bill 2017
A Bill for
An Act to provide for --
• the Western Australian Industry Participation Strategy; and
• participation plans in connection with the supply of goods or
services to or for certain agencies or the State; and
• the determination of strategic projects; and
• related matters.
The Parliament of Western Australia enacts as follows:
page 1
Western Australian Jobs Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Western Australian Jobs Act 2017.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 other than sections 3 and 4 -- on the day on
7 which this Act receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 (1) In this Act, unless the contrary intention appears --
12 agency means any of the following --
13 (a) an agency as defined in the Financial Management
14 Act 2006 section 3 other than a university listed in
15 Schedule 1 to that Act;
16 (b) a government trading entity;
17 (c) a person or body, or a person or body of a class,
18 prescribed for the purposes of this paragraph;
19 Department means the department of the Public Service
20 principally assisting the Minister in the administration of this
21 Act;
22 goods or services includes, without limitation, the following --
23 (a) goods or services for or in connection with a public
24 work as defined in the Public Works Act 1902 section 2;
25 (b) things of a kind prescribed to be goods or services for
26 the purposes of this paragraph;
27 government trading entity means any of the following --
28 (a) a body established by the Electricity Corporations
29 Act 2005 section 4(1);
page 2
Western Australian Jobs Bill 2017
Preliminary Part 1
s. 3
1 (b) a port authority established by the Port Authorities
2 Act 1999 section 4(1);
3 (c) a body established by or under the Water Corporations
4 Act 1995 section 4;
5 (d) the body established by the Western Australian Land
6 Authority Act 1992 section 5(1);
7 (e) a subsidiary of a body referred to in paragraph (a), (b),
8 (c) or (d);
9 local industry means suppliers of goods produced, or services
10 provided, in Western Australia, another State, a Territory or
11 New Zealand;
12 Minister responsible, for a procurement agency, means --
13 (a) in the case of a public sector body as defined in the
14 Public Sector Management Act 1994 section 3(1) -- the
15 Minister to whom the administration of the procurement
16 agency is for the time being committed by the Governor;
17 (b) in any other case -- the Minister responsible for the
18 administration of the Act that establishes or continues
19 the procurement agency;
20 offer to supply means a bid, tender or other offer to supply
21 goods or services;
22 participation plan has the meaning given in section 11(1);
23 prescribed means prescribed by the regulations;
24 procurement agency, in relation to a WAIPS supply, means the
25 agency responsible for conducting the procurement process for
26 the WAIPS supply;
27 procurement decision means a decision made in the course of,
28 or as a result of, a procurement process;
29 procurement process means a process to procure a supply;
30 prospective supplier, in relation to a WAIPS supply, means a
31 person or body that makes an offer to supply in the course of the
32 procurement process for the WAIPS supply;
page 3
Western Australian Jobs Bill 2017
Part 1 Preliminary
s. 4
1 small or medium enterprise means a business or undertaking
2 that has less than 200 full-time equivalent employees;
3 supply means a supply of goods or services to or for an agency
4 or the State;
5 supply contract means a contract or other agreement for a
6 supply;
7 WAIPS means the Western Australian Industry Participation
8 Strategy under section 5, as in force from time to time;
9 WAIPS supply means a supply that meets the criteria prescribed
10 for the purposes of section 5(1).
11 (2) A reference in this Act to goods or services includes a reference
12 to goods and services.
13 4. Act binds Crown
14 This Act binds the Crown in right of Western Australia and, so
15 far as the legislative power of the Parliament permits, the Crown
16 in all its other capacities.
page 4
Western Australian Jobs Bill 2017
Western Australian Industry Participation Strategy Part 2
s. 5
1 Part 2 -- Western Australian Industry
2 Participation Strategy
3 5. Western Australian Industry Participation Strategy
4 (1) The Minister must develop and implement a written strategy
5 about the participation by local industry in activities for or in
6 connection with a supply that meets the criteria prescribed for
7 the purposes of this subsection.
8 (2) The strategy is to be called the Western Australian Industry
9 Participation Strategy.
10 (3) The Minister may, from time to time, amend or replace the
11 strategy.
12 (4) The strategy is not subsidiary legislation for the purposes of the
13 Interpretation Act 1984.
14 6. WAIPS provisions
15 Without limiting section 5, the WAIPS may include the
16 following --
17 (a) different provisions for different classes of supply,
18 participation plan or supply contract;
19 (b) guidelines as to its application and procedures to be
20 followed in complying with it.
21 7. WAIPS objectives
22 In developing, amending or replacing the WAIPS, the Minister
23 must have regard to the following objectives --
24 (a) promoting the diversification and growth of the Western
25 Australian economy by targeting supply opportunities
26 for local industry;
27 (b) providing suppliers of goods or services with increased
28 access to, and raised awareness of, local industry
29 capability;
page 5
Western Australian Jobs Bill 2017
Part 2 Western Australian Industry Participation Strategy
s. 8
1 (c) encouraging local industry to adopt, where appropriate,
2 world's best practice in workplace innovation and the
3 use of new technologies and materials;
4 (d) promoting increased apprenticeship, training and job
5 opportunities in Western Australia;
6 (e) promoting increased opportunities for local industry to
7 develop import replacement capacity by giving local
8 industry, in particular small or medium enterprises, a
9 full, fair and reasonable opportunity to compete against
10 foreign suppliers of goods or services.
11 8. WAIPS principles
12 The WAIPS must take into account and be consistent with the
13 following principles --
14 (a) the need to achieve value for money, as the primary
15 consideration, when making procurement decisions;
16 (b) the need to ensure probity and accountability for
17 procurement processes and procurement decisions.
18 9. WAIPS to be consistent with other requirements
19 The WAIPS must be consistent with the following --
20 (a) the State Supply Commission Act 1991 and supply
21 policies under that Act;
22 (b) any other written law that relates to the procurement of
23 goods or services by agencies;
24 (c) section 92 of the Constitution of the Commonwealth.
25 10. WAIPS to be publicly available
26 The Minister must cause the WAIPS to be published on a
27 website maintained by or on behalf of the Department.
page 6
Western Australian Jobs Bill 2017
Participation plans Part 3
s. 11
1 Part 3 -- Participation plans
2 11. Participation plan
3 (1) A participation plan is a written statement that outlines, in
4 accordance with the WAIPS, the commitments of a prospective
5 supplier in relation to the participation by local industry, in
6 particular small or medium enterprises, in activities for or in
7 connection with a WAIPS supply.
8 (2) Without limiting subsection (1), if a determination is made
9 under section 17 in respect of a WAIPS supply, the
10 commitments outlined in a participation plan for the WAIPS
11 supply must address the matters specified in the determination.
12 (3) A participation plan can be a part of a document or a separate
13 document.
14 12. Procurement agency to require participation plan
15 (1) The procurement agency for a WAIPS supply must require each
16 prospective supplier to submit a participation plan in the course
17 of the procurement process for the WAIPS supply.
18 (2) The regulations may provide that the obligation in
19 subsection (1) does not apply to a procurement agency --
20 (a) in relation to a WAIPS supply of a prescribed class; or
21 (b) in prescribed circumstances.
22 13. Participation plan to be considered in procurement process
23 (1) The procurement agency for a WAIPS supply must assess and
24 consider the participation plan submitted by a prospective
25 supplier when evaluating the offer to supply made by the
26 prospective supplier.
27 (2) The assessment and consideration of the participation plan must
28 be carried out in accordance with the WAIPS.
page 7
Western Australian Jobs Bill 2017
Part 3 Participation plans
s. 14
1 14. Participation plan commitments to be incorporated in
2 supply contract
3 The procurement agency for a WAIPS supply must ensure that a
4 supply contract entered into with a prospective supplier in
5 relation to the WAIPS supply --
6 (a) incorporates, to the extent required by the WAIPS, the
7 commitments outlined in the participation plan of the
8 prospective supplier; and
9 (b) includes a requirement for reports to be given to the
10 procurement agency, in accordance with the WAIPS, on
11 the extent to which those incorporated commitments are
12 being, or have been, met.
13 15. Exemption from s. 12(1)
14 (1) The Minister may, in writing given to the procurement agency
15 for a WAIPS supply, exempt the procurement agency from the
16 obligation in section 12(1).
17 (2) The Minister may, in writing given to the procurement agency
18 for a WAIPS supply, amend or revoke an exemption.
19 (3) The procurement agency for a WAIPS supply must publish on a
20 website maintained by or on behalf of the agency --
21 (a) notice of an exemption given to the agency; and
22 (b) if the exemption is amended or revoked, notice of the
23 amendment or revocation.
24 16. Delegation
25 (1) The Minister may delegate the powers in section 15(1) and (2)
26 to the chief executive officer of the Department.
27 (2) A delegation must be in writing signed by the Minister.
28 (3) A delegation may authorise the chief executive officer of the
29 Department to further delegate the powers to another officer of
page 8
Western Australian Jobs Bill 2017
Participation plans Part 3
s. 16
1 the Department in accordance with any conditions specified in
2 the delegation.
3 (4) A person exercising a power that has been delegated to the
4 person under, or as authorised under, this section is taken to do
5 so in accordance with the terms of the delegation unless the
6 contrary is shown.
page 9
Western Australian Jobs Bill 2017
Part 4 Strategic projects
s. 17
1 Part 4 -- Strategic projects
2 17. Determination of strategic project
3 (1) If the Minister considers that a WAIPS supply is of strategic
4 significance to the Western Australian economy, the Minister
5 may, in writing given to the procurement agency for the WAIPS
6 supply, determine --
7 (a) that the WAIPS supply is a strategic project; and
8 (b) that the participation plans required by the procurement
9 agency in respect of the WAIPS supply are to outline
10 commitments addressing matters specified in the
11 determination.
12 (2) The Minister must not make a determination in respect of a
13 WAIPS supply unless the WAIPS supply meets the criteria
14 prescribed for the purposes of this subsection.
15 (3) The Minister may, in writing given to the procurement agency
16 for a WAIPS supply, amend or revoke a determination.
17 (4) The procurement agency for a WAIPS supply must publish on a
18 website maintained by or on behalf of the agency --
19 (a) notice of a determination given to the agency; and
20 (b) if the determination is amended or revoked, notice of the
21 amendment or revocation.
22 18. Consultation
23 (1) Subsection (2) applies if --
24 (a) the Minister proposes to make, amend or revoke a
25 determination under section 17; and
26 (b) the Minister is not the Minister responsible for the
27 procurement agency for the WAIPS supply to which the
28 determination relates.
page 10
Western Australian Jobs Bill 2017
Strategic projects Part 4
s. 18
1 (2) The Minister must consult with the Minister responsible for the
2 procurement agency for the WAIPS supply before making,
3 amending or revoking the determination.
page 11
Western Australian Jobs Bill 2017
Part 5 Reporting
s. 19
1 Part 5 -- Reporting
2 19. Minister to report on implementation of Act and WAIPS
3 (1) After the end of each financial year the Minister must prepare a
4 report on the implementation of this Act and the WAIPS in the
5 financial year.
6 (2) The Minister must cause the report to be laid before each House
7 of Parliament, or dealt with under section 21, before
8 30 November next following the end of the financial year to
9 which the report relates.
10 20. Agencies to provide information to Minister
11 (1) An agency must, on request, give the Minister any information
12 the Minister requires for the purposes of preparing a report
13 under section 19(1).
14 (2) When giving information to the Minister under subsection (1)
15 an agency may --
16 (a) identify information that the agency considers should
17 not be included in the report because of its confidential
18 or commercially sensitive nature; and
19 (b) request that the identified information not be included in
20 the report.
21 (3) The Minister may, but is not required to, comply with a request
22 under subsection (2)(b).
23 21. Laying report before House of Parliament when House not
24 sitting
25 (1) This section applies if when the Minister is ready to lay a report
26 prepared under section 19(1) before a House of Parliament --
27 (a) the House is not sitting; and
28 (b) the Minister is of the opinion that the House will not sit
29 before the day referred to in section 19(2).
page 12
Western Australian Jobs Bill 2017
Reporting Part 5
s. 21
1 (2) The Minister must transmit a copy of the report to the Clerk of
2 the House.
3 (3) A copy of the report transmitted to the Clerk of the House is
4 taken to have been laid before the House.
5 (4) The laying of a copy of the report that is taken to have occurred
6 under subsection (3) must be recorded in the Minutes, or Votes
7 and Proceedings, of the House on the first sitting day of the
8 House after the receipt of the copy by the Clerk.
page 13
Western Australian Jobs Bill 2017
Part 6 Miscellaneous
s. 22
1 Part 6 -- Miscellaneous
2 22. Obligation imposed on department
3 To the extent that this Act imposes an obligation on an agency
4 that is a department of the Public Service, the obligation is
5 imposed on the chief executive officer of the department.
6 23. Obligation imposed under Act overrides other obligations
7 If an obligation imposed on an agency under this Act conflicts
8 or is inconsistent with an obligation imposed on the agency
9 under the Act that establishes or continues the agency, the
10 obligation imposed under this Act prevails to the extent to
11 which the obligations conflict or are inconsistent.
12 24. Effect of contravention of Act or WAIPS
13 (1) No civil or criminal liability attaches to an agency or any other
14 person only because the agency or other person has contravened
15 this Act or the WAIPS.
16 (2) A procurement decision made, or supply contract entered into,
17 in respect of a WAIPS supply is not invalid only because an
18 agency or any other person has contravened this Act or the
19 WAIPS in relation to the WAIPS supply.
20 25. Regulations
21 The Governor may make regulations prescribing matters --
22 (a) required or permitted by this Act to be prescribed; or
23 (b) necessary or convenient to be prescribed for giving
24 effect to this Act.
25 26. Review of Act
26 (1) The Minister must carry out a review of the operation and
27 effectiveness of this Act before the 5th anniversary of the day on
28 which this section comes into operation.
page 14
Western Australian Jobs Bill 2017
Miscellaneous Part 6
s. 26
1 (2) The Minister must prepare a report based on the review and, as
2 soon as is practicable after the report is prepared, cause it to be
3 laid before each House of Parliament.
4
page 15
Western Australian Jobs Bill 2017
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
agency .............................................................................................................. 3(1)
Department ...................................................................................................... 3(1)
goods or services .............................................................................................. 3(1)
government trading entity ................................................................................ 3(1)
local industry ................................................................................................... 3(1)
Minister responsible ......................................................................................... 3(1)
offer to supply .................................................................................................. 3(1)
participation plan .................................................................................. 3(1), 11(1)
prescribed......................................................................................................... 3(1)
procurement agency ......................................................................................... 3(1)
procurement decision ....................................................................................... 3(1)
procurement process ........................................................................................ 3(1)
prospective supplier ......................................................................................... 3(1)
small or medium enterprise .............................................................................. 3(1)
supply ............................................................................................................... 3(1)
supply contract ................................................................................................. 3(1)
WAIPS ............................................................................................................. 3(1)
WAIPS supply ................................................................................................. 3(1)
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