Local Jobs First Amendment Act 2025 (Vic)
Local Jobs First Amendment Act 2025
No. 31 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Agency and supplier obligations
4Definitions
5Compliance with Local Jobs First Policy
6New section 4D inserted
7Local Industry Development Plan
8New section 7DA inserted
Part 3—Commissioner's compliance powers
9Definitions
10Functions of Commissioner
11New sections 18A to 18F inserted
12Power to issue a compliance notice
13Commissioner may make determination
14Adverse Publicity Notices
15Annual report to Minister
Part 4—Enforcement
Division 1—Deprioritisation regime and civil penalties
16Definitions
17Delegation
18New Division 3 of Part 5 inserted
19New Part 2A inserted
Division 2—Contingent payment mechanisms
20Compliance with Local Jobs First Policy—contingent payment mechanisms
Division 3—Transitional provision
21New section 36 inserted
Part 5—Local Jobs First
Division 1—Local Jobs First Policy objectives and principles
22Local Jobs First Policy objectives
23Local Jobs First Policy principles
Division 2—Reforms to the application of Local Jobs First
24Purposes
25Definitions
26Heading to Part 2 substituted
27The Local Jobs First Policy
28Local Industry Development Plan
29Weighting of commitments to Local Jobs First Policy
30Section 8 substituted
31Agencies to report on compliance with Local Jobs First Policy
32Minister to report on implementation of Local Jobs First Policy
33Functions of Commissioner
34Audits by agencies
35Power to request information or documents from persons
36Power to issue a compliance notice
37Commissioner may make determination
38Adverse Publicity Notices
39Commissioner may recommend an agency seeks an injunction or other enforcement action
Division 3—Exemptions
40Definitions
41Compliance with Local Jobs First Policy
42New sections 4B and 4C inserted
Part 6—Miscellaneous amendments
43Determination of requirements for strategic projects and standard projects
44Compliance with Local Jobs First Policy
Part 7—General amendments
45Compliance with Local Jobs First Policy
46New sections 32A and 32B inserted
47Determination of requirements for strategic projects and standard projects
Part 8—Repeal of this Act
48Repeal of this Act
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Endnotes
1 General information
Local Jobs First Amendment Act 2025
No. 31 of 2025
[Assented to 19 August 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The main purpose of this Act is to amend the Local Jobs First Act 2003—
(a)to clarify the obligations of suppliers and agencies under the Local Jobs First scheme; and
(b)to provide additional enforcement powers for the Local Jobs First Commissioner; and
(c)to introduce new penalties and other consequences for non-compliance with the Local Jobs First scheme; and
(d)to provide for additional Local Jobs First Policy objectives; and
(e)to clarify references to the Local Jobs First Policy and associated obligations and guidelines.
2Commencement
(1)This Part, Parts 5 and 7 and section 43 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 1 July 2026, it comes into operation on that day.
3Principal Act
In this Act, the Local Jobs First Act 2003 is called the Principal Act.
PART 2—AGENCY AND SUPPLIER OBLIGATIONS
4Definitions
(1)In section 3(1) of the Principal Act insert the following definition—
"significant diversion process, in relation to a Local Industry Development Plan for a standard project or strategic project, means—
(a)a process prescribed for the purposes of section 7DA; or
(b)if no process is prescribed, the process set out in the Local Jobs First Policy for the approval of changes to commitments relating to the percentage or value of local content for the project;".
(2)In section 3(1) of the Principal Act, in the definition of Local Industry Development Plan, after "section 7D" insert ", as varied from time to time (unless the context otherwise requires)".
5Compliance with Local Jobs First Policy
For section 4A(1) of the Principal Act substitute—
"(1)A person or agency to which Local Jobs First applies must comply with Local Jobs First, including but not limited to any reporting obligations under the Local Jobs First Policy.".
6New section 4D inserted
Before section 5 of the Principal Act insert—
"4D Compliance monitoring and management by agency
An agency must monitor, and take all reasonable steps to manage, the compliance by any person with whom the agency enters into a contract for a standard project or a strategic project with—
(a)the Local Industry Development Plan; and
(b)any obligation imposed on the person by the contract to comply with Local Jobs First; and
(c)the person's reporting obligations under the Local Jobs First Policy including, but not limited to, the submission of a completion report; and
(d)any other obligation imposed on the person by Local Jobs First.".
7Local Industry Development Plan
(1)In section 7D(2) of the Principal Act—
(a)in paragraph (c), for "Policy." substitute "Policy; and";
(b)after paragraph (c) insert—
"(d)specify how the person will comply with any requirements or conditions relating to Local Industry Development Plans determined by the Minister under section 7B; and
(e)include any matter required to be included in the Plan by a requirement or condition described in paragraph (d); and
(f)in the case of a project to which the Major Projects Skills Guarantee applies, specify how the person will comply with any requirement or condition determined by the Minister under section 7C(2).".
(2)For section 7D(3) of the Principal Act substitute—
"(3)An agency must not accept a tender that—
(a)does not include a Local Industry Development Plan; or
(b)does not comply with subsection (2).".
(3)After section 7D(4) of the Principal Act insert—
"(5)The person may at any time submit a proposed variation to the accepted Local Industry Development Plan to the Department if—
(a)the submission is made in accordance with any relevant process set out in the Local Jobs First Policy for the variation of Local Industry Development Plans; and
(b)the agency agrees to the proposed variation.
(6)Without limiting subsection (4), a person does not comply with the Local Industry Development Plan unless the person complies with each commitment made by the person in that Plan that relates to the following—
(a)a local content requirement for the project determined under section 7B(1), (2) or (5);
(b)job outcomes for the project;
(c)a requirement determined under section 7B(4) or (6);
(d)in the case of a project to which the Major Projects Skills Guarantee applies, a requirement or condition determined under section 7C(2).
(7)For the purposes of subsection (6), a person is taken to comply with a commitment that relates to a requirement or matter described in subsection (6)(a), (b), (c) or (d) if the person complies with that commitment in the aggregate.".
8New section 7DA inserted
After section 7D of the Principal Act insert—
"7DA Significant diversion from Local Industry Development Plan
If a person who has entered into a contract for a standard project or a strategic project is, or is likely to be, unable to meet the local content commitment specified in the Local Industry Development Plan, the person must comply with the significant diversion process.".
PART 3—COMMISSIONER'S COMPLIANCE POWERS
9Definitions
In section 3(1) of the Principal Act insert the following definitions—
"inspection notice means a notice issued under section 18C(2);
site inspection means entry and inspection of a place or premises in accordance with an inspection notice;".
10Functions of Commissioner
After section 18(c) of the Principal Act insert—
"(ca)if both the supplier and agency consent, to provide advice and support in relation to non-compliance and potential non‑compliance with Local Jobs First or a Local Industry Development Plan;".
11New sections 18A to 18F inserted
After section 18 of the Principal Act insert—
"18A Investigations by Commissioner
(1)The Commissioner may investigate any matter relating to the performance of the Commissioner's functions or the exercise of the Commissioner's powers under this Act.
(2)Without limiting subsection (1), the Commissioner may investigate a matter on the Commissioner's own initiative, at the direction of the Minister or in response to a complaint.
(3)The Commissioner may refuse to investigate a complaint that the Commissioner believes on reasonable grounds—
(a)is frivolous or vexatious; or
(b)is lacking in substance or does not warrant investigation; or
(c)is more appropriately dealt with, or is already being dealt with, by an agency or any other body; or
(d)is being or has been considered by a court, board or tribunal; or
(e)does not relate to a matter described in subsection (1).
(4)If the Commissioner refuses to deal with a complaint received in writing, the Commissioner must give written notice to the person who made the complaint and, if appropriate, specify the agency or body to be contacted regarding the complaint.
(5)The Commissioner must—
(a)prepare a policy setting out how the Commissioner is to respond to and investigate complaints; and
(b)publish on an Internet site—
(i)the policy; and
(ii)the day from which the policy is effective (if later than the day of publication).
18BCommissioner may report to the Minister
(1)The Commissioner may at any time give a written report to the Minister on any matter relating to Local Jobs First or Local Industry Development Plans, including but not limited to—
(a)the performance of the Commissioner's functions, or the exercise of the Commissioner's powers, under this Act; or
(b)compliance with Local Jobs First or Local Industry Development Plans; or
(c)issues related to the Local Jobs First Policy objectives set out in section 5; or
(d)recommendations under section 18F.
(2)If the Commissioner gives a report to the Minister, the Minister must, within a reasonable time after receiving the report—
(a)give the Commissioner notice of receipt of the report; and
(b)advise the Commissioner whether the Minister proposes to implement any recommendation included in the report.
18CSite inspections by Commissioner
(1)This section applies if the Commissioner believes on reasonable grounds that—
(a)entry and inspection of a place or premises by the Commissioner is necessary to determine whether a person has failed, or is likely to fail, to comply with Local Jobs First or a Local Industry Development Plan; and
(b)entry and inspection of the place or premises is necessary for the purposes of an investigation under section 18A.
(2)The Commissioner may issue an inspection notice, in writing, to the following—
(a)the person who is the subject of the investigation under section 18A;
(b)the owner or occupier of the place or premises.
(3)An inspection notice must set out—
(a)the Commissioner's intention to enter and inspect the place or premises; and
(b)the purpose and reason for the proposed entry and inspection of the place or premises; and
(c)the address of the place or premises; and
(d)the time and day of the proposed entry and inspection, which must not be less than 3 business days after the person receives the inspection notice; and
(e)any information or document that the person to whom the inspection notice is issued must provide to the Commissioner during the proposed entry and inspection; and
(f)any prescribed information.
(4)The Commissioner may inform the agency responsible for the standard project or strategic project of the issue of the inspection notice.
(5)The person to whom the inspection notice is issued may, in writing to the Commissioner—
(a)request an alternative time and day for the proposed entry and inspection, setting out the grounds for the request; or
(b)refuse the proposed entry and inspection, setting out the grounds for the refusal.
(6)On receiving a request or refusal in accordance with subsection (5), the Commissioner must determine whether the request or refusal is made on reasonable grounds.
(7)The person to whom the inspection notice is issued must take all reasonable steps—
(a)to facilitate the Commissioner's entry and inspection of the place or premises in accordance with the inspection notice; and
(b)to provide any information or document required under subsection (3)(e).
(8)Subsection (7) does not apply if—
(a)the person has made a request or refusal in accordance with subsection (5); and
(b)the Commissioner either—
(i)has not made the determination under subsection (6) in relation to the request or refusal; or
(ii)has determined that the request or refusal is made on reasonable grounds.
18DPowers of the Commissioner during site inspection
During a site inspection, the Commissioner may do any of the following for the purposes of the investigation in relation to which the inspection notice was issued—
(a)examine or inspect any document or thing at the place or premises;
(b)take any photographs or make any audio or visual recordings at the place or premises;
(c)make copies of, or take extracts from, any document kept at the place or premises;
(d)request the assistance of any person for the purposes of entry and inspection of the place or premises;
(e)request a person at the place or premises to answer questions;
(f)request a person at the place or premises to produce a document or part of a document located at the place or premises that is in the person's possession or control.
18EIdentity cards for site inspections
(1)If the Commissioner delegates any power to enter or inspect a place or premises under an inspection notice to a person, the Commissioner must issue an identity card to that person.
(2)An identity card issued under subsection (1) must—
(a)contain the name of the person to whom it is issued; and
(b)contain a photograph of the person; and
(c)state that the person is acting as the delegate of the Commissioner in relation to the entry and inspection of the place or premises.
(3)The person to whom an identity card is issued must—
(a)carry the identity card at all times while exercising the power delegated to the person; and
(b)produce the identity card for inspection—
(i)immediately before exercising a power of entry delegated to the person; and
(ii)if asked to do so while exercising any power delegated to the person.
(4)If it is not practicable to comply with subsection (3)(b)(i) before exercising the power, the person must produce the identity card for inspection at the first reasonable opportunity.
18FRecommendations of the Commissioner to agencies
(1)The Commissioner may make a recommendation to an agency regarding—
(a)how a complaint or other matter relating to compliance with Local Jobs First or a Local Industry Development Plan could be resolved; or
(b)how a practice or process relating to Local Jobs First or a Local Industry Development Plan could be improved; or
(c)any other matter that the Commissioner considers relevant to the performance of the Commissioner's functions or the exercise of the Commissioner's powers.
(2)A recommendation under subsection (1)—
(a)must be made in writing; and
(b)must specify the day by which the agency must respond in accordance with subsection (3); and
(c)is not binding on the agency to which it is made; and
(d)does not prevail over any inconsistency between the recommendation and—
(i)a contract for a standard project or strategic project; or
(ii)any Act or law.
(3)After receiving a recommendation under subsection (1), an agency must provide a written response to the Commissioner setting out—
(a)whether or not the agency agrees to implement the recommendation (whether wholly or partially); and
(b)any reasons the agency does not agree to implement all or part of the recommendation.".
12Power to issue a compliance notice
(1)After section 26(1)(a) of the Principal Act insert—
"(ab)failed to comply with an inspection notice, including but not limited to failing to take all reasonable steps—
(i)to facilitate the Commissioner's entry and inspection of a place or premises in accordance with the inspection notice; or
(ii)to provide information or a document to the Commissioner in accordance with the inspection notice; or".
(2)After section 26(2)(a) of the Principal Act insert—
"(ab)require the person to comply with an inspection notice within a specified period; or".
(3)In section 26(3) of the Principal Act, after "subsection (2)(a)," insert "(ab),".
13Commissioner may make determination
(1)After section 28(2)(a) of the Principal Act insert—
"(ab)the person has failed to comply with an inspection notice; or".
(2)In section 28(3) of the Principal Act, for "subsection (2)," substitute "subsection (2)(b) or (c),".
(3)After section 28(3) of the Principal Act insert—
"(3A)If the Commissioner makes a determination under subsection (2)(a) or (ab), the Commissioner may either—
(a)recommend to the Minister that the Minister issue an Adverse Publicity Notice in accordance with section 29 and advise the person and the appropriate agency of—
(i)the determination; and
(ii)the recommendation that the Minister issue an Adverse Publicity Notice; or
(b)apply for a civil penalty order in accordance with Division 3.
(3B)Before determining whether to make a recommendation or application under subsection (3A), the Commissioner must consider whether compliance with Local Jobs First by any person would be better promoted or encouraged by—
(a)the issue of the proposed Adverse Publicity Notice; or
(b)the making of the proposed civil penalty order.".
14Adverse Publicity Notices
In section 29(1)(a) of the Principal Act, after "section 28(3)(a)" insert "or (3A)(a)".
15Annual report to Minister
After section 31(2) of the Principal Act insert—
"(3)Without limiting subsection (1), a report must set out—
(a)any written recommendation made by the Commissioner to an agency under this Act during the financial year; and
(b)whether or not the agency has implemented or agreed to implement that recommendation (whether wholly or partially).".
PART 4—ENFORCEMENT
Division 1—Deprioritisation regime and civil penalties
16Definitions
In section 3(1) of the Principal Act insert the following definition—
"civil penalty requirement—see section 30A;".
17Delegation
(1)In section 20 of the Principal Act—
(a)for "The Commissioner" substitute "Subject to subsection (2), the Commissioner";
(b)omit ", other than this power of delegation,".
(2)At the end of section 20 of the Principal Act insert—
"(2)The Commissioner must not delegate the following powers of the Commissioner to any person—
(a)the power of delegation under subsection (1);
(b)the power to apply for a civil penalty order under section 30B.".
18New Division 3 of Part 5 inserted
After Division 2 of Part 5 of the Principal Act insert—
"Division 3—Civil penalties
30ACivil action for failure to comply with information notice or inspection notice
(1)For the purposes of this Division, a person contravenes a civil penalty requirement if the Commissioner determines under section 28(2) that the person has failed to comply with—
(a)an information notice; or
(b)an inspection notice.
(2)A person does not contravene a civil penalty requirement described in subsection (1)(a) if the Commissioner recommends that the Minister issue an Adverse Publicity Notice in relation to that determination in accordance with section 28(3A)(a).
30BCivil penalty orders
(1)Subject to this Division, the Commissioner may apply to a court for a civil penalty order in relation to a person's contravention of a civil penalty requirement.
(2)On an application under subsection (1), the court may make an order that the person pay, in respect of the person's contravention of the civil penalty requirement, an amount of not more than the maximum penalty specified in Column 2 or 3 (as the case requires) of the table in this subsection opposite the requirement.
| Item | Column 1 Civil penalty requirement | Column 2 Maximum penalty for a natural person | Column 3 Maximum penalty for a body corporate |
| 1 | Section 30A(1)(a) (Determination of failure to comply with information notice) | 100 penalty units | 500 penalty units |
| 2 | Section 30A(1)(b) (Determination of failure to comply with inspection notice) | 100 penalty units | 500 penalty units |
(3)In determining whether to make an order under subsection (2) and the amount of any penalty, the court may have regard to any relevant matter, including but not limited to the following—
(a)the nature and extent of the conduct constituting the contravention;
(b)the circumstances in which the contravention took place;
(c)whether the person who contravenes a civil penalty requirement had previously contravened a civil penalty requirement;
(d)the reason the person contravened the civil penalty requirement;
(e)the need to promote and encourage compliance with Local Jobs First and Local Industry Development Plans.
(4)Any amount received as the payment of an order under subsection (2) must be paid into the Consolidated Fund.
(5)Nothing in this section is to be construed as limiting any other power of the court.
30CJurisdictional limit of Magistrates' Court does not apply to civil penalty order
The jurisdictional limit for a civil proceeding specified under section 100(1) of the Magistrates' Court Act 1989 does not apply to a proceeding for a civil penalty order under this Division.".
19New Part 2A inserted
After Part 2 of the Principal Act insert—
"PART 2A—DEPRIORITISATION OF SUPPLIERS
Division 1—Preliminary
11ADefinitions
In this Part—
completion report means a report submitted by a supplier under section 11B;
deprioritisation determination means a determination made under section 11F;
deprioritisation notice means a notice issued under section 11C;
deprioritisation register means the register maintained under section 11G;
practical completion, in relation to a standard project or a strategic project—
(a)has the meaning specified in the contract for the project; or
(b)if that contract does not specify the meaning of practical completion for the contract, means the day on which all of the supplier's obligations (other than minor or administrative obligations) to provide goods or services, or carry out construction activities, under the contract are fulfilled;
supplier means a person that has entered into a contract with an agency to provide goods, services or construction activities for a standard project or a strategic project.
Division 2—Deprioritisation
11BCompletion reports
(1)Subject to subsection (2), a supplier must submit a completion report for a standard project or strategic project to the Department as soon as practicable after the practical completion of the project.
(2)The supplier must submit the completion report for the standard project or strategic project—
(a)not more than 90 days after practical completion of the project; and
(b)in any form or manner specified in the Local Jobs First Policy.
11CDeprioritisation notices
(1)The Commissioner may issue a deprioritisation notice to a supplier in relation to a standard project or a strategic project if the supplier—
(a)does not submit a completion report under section 11B within 90 days after practical completion of the project; or
(b)fails to comply with any commitment made by the supplier that is specified in the Local Industry Development Plan for the project (as in force at the time of practical completion).
(2)In issuing a deprioritisation notice under subsection (1), the Commissioner must take the following into account—
(a)any information provided to the Department in relation to the standard project or strategic project;
(b)any response submitted by the supplier to a notice of intention under section 11D;
(c)any information obtained under Part 4 or 5;
(d)any prescribed information.
(3)In issuing a deprioritisation notice under subsection (1), the Commissioner may take into account any other information available to the Commissioner that the Commissioner considers relevant.
(4)A deprioritisation notice must—
(a)be in writing; and
(b)specify the name and address of the supplier to whom the notice is issued; and
(c)contain the prescribed information.
11DNotice of intention
(1)Before issuing a deprioritisation notice under section 11C(1)(a) in relation to a standard project or strategic project, the Commissioner may give a supplier written notice of the Commissioner's intention to issue the proposed deprioritisation notice if, after considering any information previously provided by the supplier in relation to the project, the Commissioner considers it appropriate to do so.
(2)A notice of intention under subsection (1) must include the prescribed information.
11EReview of deprioritisation notice
(1)If the Commissioner issues a deprioritisation notice to a supplier, the supplier may apply in writing to the Commissioner for review of the decision to issue the notice.
(2)The application may—
(a)set out the reasons why the supplier, as appropriate—
(i)did not submit a completion report; or
(ii)did not comply in the aggregate with any commitment specified in the Local Industry Development Plan (as in force at the time of practical completion); and
(b)respond to any information contained in the deprioritisation notice; and
(c)include any information that the supplier thinks may be relevant to a review of the decision to issue the notice.
(3)On receiving an application under subsection (1), the Commissioner must either—
(a)withdraw the deprioritisation notice; or
(b)confirm the deprioritisation notice.
(4)The Commissioner must give the supplier written notice of the Commissioner's decision under subsection (3) in accordance with the regulations.
(5)In determining whether to withdraw or confirm a deprioritisation notice under subsection (3), the Commissioner must take the following matters into account—
(a)the supplier's compliance in the aggregate with commitments specified in the Local Industry Development Plan (as in force at the time of practical completion);
(b)any completion report submitted by the supplier;
(c)any information provided by an agency in relation to the Local Industry Development Plan or the standard project or strategic project;
(d)any information provided to the Department that relates to the Local Industry Development Plan or the project;
(e)any information obtained under Part 4 or 5;
(f)any other matter the Commissioner considers relevant.
11FDeprioritisation determinations
(1)The Commissioner must make a deprioritisation determination in respect of a supplier if—
(a)the Commissioner confirms a determination notice under section 11E(3); or
(b)the supplier does not apply for review of the decision to issue the deprioritisation notice within the prescribed period.
(2)The Commissioner must give the supplier written notice of the making of the deprioritisation determination in accordance with the regulations.
(3)The deprioritisation determination remains in force for the prescribed period.
11GDeprioritisation register
(1)The Commissioner must establish and maintain a register of the following—
(a)suppliers in respect of whom deprioritisation determinations are made;
(b)any prescribed information.
(2)The Commissioner may disclose information on the deprioritisation register to any prescribed person in accordance with the regulations.
11HDeprioritisation guidelines
(1)The Minister may issue guidelines relating to the deprioritisation of suppliers under this Part, including but not limited to—
(a)any processes or procedures required for the administration of this Part; and
(b)matters to be considered during the making of a decision under this Part, and the weight to be given to those factors.
(2)A person or body that is subject to guidelines issued under subsection (1) must have regard to those guidelines.
(3)The Minister must ensure that the guidelines, as in force from time to time, are published on an Internet site.
11IState liability
Despite any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law to the contrary, the State and the Commissioner are not liable in any way for any loss, damage or injury of any kind resulting directly or indirectly from or arising out of—
(a)the amendments made to this Act by the Local Jobs First Amendment Act 2025; or
(b)the confirmation of a deprioritisation notice or the making of a deprioritisation determination.".
Division 2—Contingent payment mechanisms
20Compliance with Local Jobs First Policy—contingent payment mechanisms
After section 4A(2) of the Principal Act insert—
"(2A)Unless it is not practicable or appropriate to do so, an agency must ensure that a contract for a standard project or a strategic project makes any liability of the agency to pay money to a person providing goods, services or construction activities under the contract contingent on compliance by the person with—
(a)any obligation imposed on the person by the contract to comply with Local Jobs First; and
(b)any requirement of a Local Industry Development Plan.
Note
The provisions of the Building and Construction Industry Security of Payment Act 2002 have effect despite any provision to the contrary in any construction contract—see Part 2 and section 48(1) of that Act.".
Division 3—Transitional provision
21New section 36 inserted
After section 35 of the Principal Act insert—
"36 Transitional provision—Local Jobs First Amendment Act 2025
(1)Part 2A does not apply to, or in relation to, any project, or any supplier for a project, if the agency responsible for the project publishes or distributes (however described) the invitation to tender before the commencement day.
(2)In this section—
amending Act means the Local Jobs First Amendment Act 2025;
commencement day means the day on which Part 4 of the amending Act comes into operation.".
PART 5—LOCAL JOBS FIRST
Division 1—Local Jobs First Policy objectives and principles
22Local Jobs First Policy objectives
(1)After section 5(a) of the Principal Act insert—
"(ab)providing Aboriginal businesses with equitable opportunities to participate in projects undertaken or funded (whether wholly or partially) by the State;
(ac)encouraging the participation of small and medium-sized enterprises based in regional areas in projects undertaken or funded (whether wholly or partially) by the State;
(ad)encouraging the use of local content at each stage of construction or manufacturing projects undertaken or funded (whether wholly or partially) by the State, including but not limited to project planning, design and execution;
(ae)promoting the use of standards published by or on behalf of Standards Australia in projects undertaken or funded (whether wholly or partially) by the State;
(af)ensuring that the processes and mechanisms for tenders and procurements for projects undertaken or funded (whether wholly or partially) by the State are structured and designed to provide fair and reasonable opportunities for local industry participation;".
(2)At the end of section 5 of the Principal Act insert—
"(2)In this section—
Aboriginal business has the prescribed meaning (if any);
processes and mechanisms, in relation to a tender or procurement, includes (but is not limited to) the documents and specifications relating to the tender or procurement.".
23Local Jobs First Policy principles
At the end of section 6 of the Principal Act insert—
"(2)In this section—
value for money has the same meaning as in—
(a)in relation to procurement of or tendering for goods or services, the supply policy under section 54L of the Financial Management Act 1994 that applies with respect to the procurement or tender; or
(b)in relation to procurement of or tendering for construction activities, the standard or direction under Part 4 of the Project Development and Construction Management Act 1994 that relates to the procurement or tender; or
(c)if there is no meaning given to value for money by a supply policy or standard or direction described in paragraph (a) or (b) (as appropriate), any prescribed definition.".
Division 2—Reforms to the application of Local Jobs First
24Purposes
(1)For section 1(b) of the Principal Act substitute—
"(b)to require reports to Parliament on the implementation of, and government agencies' compliance with, Local Jobs First; and".
(2)In section 1(e) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
25Definitions
(1)In section 3(1) of the Principal Act insert the following definition—
"Local Jobs First means the scheme established under this Act and set out in—
(a)this Act and the regulations; and
(b)the Local Jobs First Policy;".
(2)In section 3(1) of the Principal Act, for the definition of Department substitute—
"Department means the Department of Jobs, Skills, Industry and Regions;".
26Heading to Part 2 substituted
For the heading to Part 2 of the Principal Act substitute—
"PART 2—LOCAL JOBS FIRST—APPLICATION AND OBLIGATIONS".
27The Local Jobs First Policy
For section 4(3) of the Principal Act substitute—
"(3)The policy may include any guidelines or material prepared by the Minister regarding the application of, and procedures to be followed in complying with, this Act, the regulations or the policy.".
28Local Industry Development Plan
In section 7D(2)(a) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
29Weighting of commitments to Local Jobs First Policy
In the heading to section 7E of the Principal Act omit "Policy".
30Section 8 substituted
For section 8 of the Principal Act substitute—
"8 Publication of Local Jobs First Policy
The Minister must ensure that the Local Jobs First Policy, as in force from time to time, is published on an Internet site.".
31Agencies to report on compliance with Local Jobs First Policy
(1)In the heading to section 9 of the Principal Act omit "Policy".
(2)In section 9(1) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
32Minister to report on implementation of Local Jobs First Policy
(1)In the heading to section 10 of the Principal Act omit "Policy".
(2)In section 10(1) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
33Functions of Commissioner
(1)In section 18(a) and (f) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
(2)In section 18(h) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
(3)In section 18(i) of the Principal Act, for "the Local Jobs First Policy, Local Industry Development Plans and this Act" substitute "Local Jobs First and Local Industry Development Plans".
34Audits by agencies
In section 23(1)(a)(i) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
35Power to request information or documents from persons
In section 24(1)(a) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
36Power to issue a compliance notice
In section 26(1)(b) and (2)(b)(i) and (ii) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
37Commissioner may make determination
In section 28(2)(b) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
38Adverse Publicity Notices
In section 29(1)(b)(i) of the Principal Act, for "the Local Jobs First Policy" substitute "Local Jobs First".
39Commissioner may recommend an agency seeks an injunction or other enforcement action
In section 30 of the Principal Act, for "the Local Jobs First Policy" (where twice occurring) substitute "Local Jobs First".
Division 3—Exemptions
40Definitions
In section 3(1) of the Principal Act insert the following definition—
"non-contestable project means a standard project or a strategic project that is determined to be non-contestable in accordance with section 4B;".
41Compliance with Local Jobs First Policy
(1)In the heading to section 4A of the Principal Act omit "Policy".
(2)In section 4A(1) of the Principal Act, for "the Local Jobs First Policy" (where twice occurring) substitute "Local Jobs First".
(3)After section 4A(3) of the Principal Act insert—
"(4)For the purposes of this section, Local Jobs First is taken not to apply to an agency in relation to a standard project or a strategic project for which the agency has obtained a determination under section 4B that the project is non-contestable.".
42New sections 4B and 4C inserted
After section 4A of the Principal Act insert—
"4B Non-contestable projects
(1)Before undertaking a tender process for a standard project or a strategic project, an agency must obtain, in the manner set out in the Local Jobs First Policy, a determination whether the project is a non-contestable project within the meaning of subsection (2).
(2)A standard project or a strategic project is a non-contestable project if—
(a)either—
(i)it is not practicable for local industry to provide or carry out goods or services required for the project as a whole on a genuinely competitive basis; or
(ii)it is not practicable for goods or services required for the project as a whole to be provided or carried out on a genuinely competitive basis except by local industry; and
(b)the project meets any requirements for non-contestable projects specified in the Local Jobs First Policy.
(3)Guidelines referred to in section 4(3) may include processes for, and matters that must be considered during, determinations under subsection (1).
4CEmergency exemptions
(1)Local Jobs First does not apply to a person or an agency in respect of a standard project or a strategic project if the procurement of goods or services for the project is—
(a)carried out in accordance with any relevant emergency procurement plan that is in force; and
(b)carried out for the purposes of the response to, or recovery from, an emergency; and
(c)consistent with any relevant supply policy.
(2)In this section—
emergency has the same meaning as in the Emergency Management Act 2013;
emergency procurement plan means a plan—
(a)for the procurement of goods and services in response to an emergency; and
(b)prepared by an agency in accordance with a supply policy;
supply policy means a supply policy made under section 54L of the Financial Management Act 1994.".
PART 6—MISCELLANEOUS AMENDMENTS
43Determination of requirements for strategic projects and standard projects
After section 7B(6) of the Principal Act insert—
"(7)Without limiting anything in this section, the Minister, when making a determination under this section, may have regard to any of the Local Jobs First Policy objectives set out in section 5.".
44Compliance with Local Jobs First Policy
At the end of section 4A of the Principal Act insert—
"(5)The accountable officer of an agency to which Local Jobs First applies must ensure that the agency complies with Local Jobs First.
(6)In this section—
accountable officer, in relation to an agency, means the accountable officer under section 42 of the Financial Management Act 1994 for the agency.".
PART 7—GENERAL AMENDMENTS
45Compliance with Local Jobs First Policy
(1)For section 4A(2) of the Principal Act substitute—
"(2)An agency must ensure that a contract for a standard project or a strategic project requires a person providing goods, services or construction activities under the contract to comply with—
(a)Local Jobs First; and
(b)the Local Industry Development Plan.".
(2)In section 4A(3) of the Principal Act—
(a)for "and (2)" substitute "and (2)(a) and (b)";
(b)for "the Local Jobs First Policy" substitute "Local Jobs First".
46New sections 32A and 32B inserted
After section 32 of the Principal Act insert—
"32A Regulations
(1)The Governor in Council may make regulations for or with respect to the following—
(a)the administration or implementation of Part 2A;
(b)the process and requirements for submitting a response to a notice of intention under section 11D;
(c)the process and requirements for issuing a deprioritisation notice or making a deprioritisation determination;
(d)disclosure or use of information for the purposes of Part 2A, including but not limited to—
(i)disclosure of information relating to completion reports and deprioritisation determinations; and
(ii)sharing information provided under Local Jobs First;
(e)evidence that a supplier must provide in relation to the review of a deprioritisation notice under Part 2A;
(f)how a tender for a contract for a standard project or a strategic project is to be evaluated if the person tendering is the subject of a deprioritisation determination;
(g)the administration or implementation of Division 3 of Part 5;
(h)any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)Regulations made under this Act may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstances;
(c)leave any matter or thing to be from time to time approved, determined, applied, dispensed with or regulated by a specified person or class of person;
(d)provide in a specified case or class of case for the exemption of persons or things or a class of person or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to the extent specified;
(e)confer powers or impose duties in connection with the regulations on any specified person or specified class of person;
(f)apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as formulated, issued, prescribed (whether under this Act or any other Act) or published at the time the regulations are made or at any time before then; or
(iii)as formulated, issued, prescribed (whether under this Act or any other Act) or published from time to time.
32BTransitional regulations
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Local Jobs First Amendment Act 2025, including any repeals and amendments made as a result of that enactment.
(2)Regulations under this section may—
(a)have a retrospective effect to the commencement day or a day after the commencement day;
(b)be of limited or general application;
(c)differ according to time, place or circumstance;
(d)leave any matter or thing to be decided by a specified person or class of person.
(3)Regulations made under subsection (1) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(4)This section is repealed on the second anniversary of the commencement day.
(5)In this section—
commencement day means the day on which section 46 of the Local Jobs First Amendment Act 2025 comes into operation.".
47Determination of requirements for strategic projects and standard projects
After section 7B(4)(c) of the Principal Act insert—
"(ca)requirements to use a specified amount of uniform and personal protective equipment produced by local industry; or".
PART 8—REPEAL OF THIS ACT
48Repeal of this Act
This Act is repealed on 1 July 2027.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 June 2025
Legislative Council: 31 July 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Local Jobs First Act 2003 to provide for additional obligations, penalties and enforcement powers related to Local Jobs First and for other purposes."
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