{"id":"local-jobs-first-act-2003","name":"Local Jobs First Act 2003","slug":"local-jobs-first-act-2003","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175020,"registerId":"vic-local-jobs-first-act-2003-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Jobs First Act 2003","content":"Version No. 008\n\n**Local Jobs First Act 2003**\n\n**No. 72 of 2003**\n\nVersion incorporating amendments as at  \n20 August 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 2\n\n3 Definitions 2\n\nPart 2—Local Jobs First—application and obligations 7\n\n4 The Local Jobs First Policy 7\n\n4A Compliance with Local Jobs First 8\n\n4B Non-contestable projects 8\n\n4C Emergency exemptions 9\n\n5 Local Jobs First Policy objectives 10\n\n6 Local Jobs First Policy principles 11\n\n7 Local Jobs First Policy to be consistent with other requirements 12\n\n7A Power to declare a project a standard project or a strategic project 13\n\n7B Determination of requirements for strategic projects and standard projects 13\n\n7C Major Projects Skills Guarantee requirements 14\n\n7D Local Industry Development Plan 14\n\n7E Weighting of commitments to Local Jobs First 15\n\n8 Publication of Local Jobs First Policy 15\n\n9 Agencies to report on compliance with Local Jobs First 16\n\n10 Minister to report on implementation of Local Jobs First 16\n\n11 Agencies to provide information to Minister 17\n\nPart 3—Local Jobs First Commissioner 18\n\nDivision 1—Appointment of Local Jobs First Commissioner 18\n\n12 Local Jobs First Commissioner 18\n\n13 Terms and conditions of appointment 18\n\n14 Acting Commissioner 18\n\n15 Vacancy and resignation 19\n\n16 Removal from office 19\n\nDivision 2—Powers and functions of Local Jobs First Commissioner 20\n\n17 Power of Commissioner 20\n\n18 Functions of Commissioner 20\n\n19 Commissioner subject to Ministerial direction 21\n\n20 Delegation 22\n\n21 Assistance to be provided 22\n\nPart 4—Requests for information from agencies 23\n\n22 Requests for information from agencies 23\n\n23 Audits by agencies 23\n\nPart 5—Enforcement of Local Jobs First Policy and other matters 24\n\nDivision 1—Information gathering and compliance powers 24\n\n24 Power to request information or documents from persons 24\n\n25 No requirement to pay fees 25\n\n26 Power to issue a compliance notice 25\n\n27 Responding to a compliance notice 26\n\n28 Commissioner may make determination 26\n\n29 Adverse Publicity Notices 28\n\nDivision 2—Injunctions or other enforcement action 28\n\n30 Commissioner may recommend an agency seeks an injunction or other enforcement action 28\n\nPart 6—General 30\n\n31 Annual report to Minister 30\n\n32 Immunity 30\n\n32A Regulations 30\n\n32B Transitional regulations 32\n\nPart 7—Transitional provisions 34\n\n33 Transitional provision—title to Act 34\n\n34 Transitional provision—report under section 9 34\n\n35 Transitional provision—report under section 10 34\n\nEndnotes 36\n\n1 General information 36\n\n2 Table of Amendments 38\n\n3 Explanatory details 39\n\n**Version No.** **008**\n\n**Local Jobs First Act 2003**\n\n**No. 72 of 2003**\n\nVersion incorporating amendments as at  \n20 August 2025\n\n**The Parliament of Victoria enacts as follows:**\n\nPt 1 (Heading) inserted by No. 35/2018 s. 5.\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\nS. 1(a) amended by No. 35/2018 s. 6(1).\n\n(a) to provide for the development and implementation of a Local Jobs First Policy; and\n\nS. 1(b) amended by No. 35/2018 s. 6(2), substituted by No. 31/2025 s. 24(1).\n\n(b) to require reports to Parliament on the implementation of, and government agencies' compliance with, Local Jobs First; and\n\nS. 1(c) inserted by No. 35/2018 s. 6(3).\n\n(c) to establish the office of the Local Jobs First Commissioner; and\n\nS. 1(d) inserted by No. 35/2018 s. 6(3).\n\n(d) to confer functions on the Local Jobs First Commissioner under this Act; and\n\nS. 1(e) inserted by No. 35/2018 s. 6(3), amended by No. 31/2025 s. 24(2).\n\n(e) to provide for compliance with and enforcement of Local Jobs First and Local Industry Development Plans.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 January 2004, it comes into operation on that day.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *Adverse Publicity Notice* inserted by No. 35/2018 s. 7(1)(a).\n\n***Adverse Publicity Notice*** means a notice issued under section 29(1);\n\n***agency*** means—\n\n(a) a department; or\n\n(b) a public body—\n\nwithin the meaning of the **Financial Management Act 1994**;\n\nS. 3(1) def. of *Commis-sioner* inserted by No. 35/2018 s. 7(1)(a).\n\n***Commissioner*** means the Local Jobs First Commissioner appointed under section 12;\n\nS. 3(1) def. of *compliance notice* inserted by No. 35/2018 s. 7(1)(a).\n\n***compliance notice*** means a notice issued under section 26(1);\n\nS. 3(1) def. of *Department* amended by Nos 43/2012 s. 3(Sch. item 56.1), 70/2013 s. 4(Sch. 2 item 55.1), substituted by Nos 35/2018 s. 7(1)(b), 31/2025 s. 25(2).\n\n***Department*** means the Department of Jobs, Skills, Industry and Regions;\n\nS. 3(1) def. of *Department Head* inserted by No. 35/2018 s. 7(1)(a).\n\n***Department Head*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**;\n\nS. 3(1) def. of *information notice* inserted by No. 35/2018 s. 7(1)(a).\n\n***information notice*** means a notice issued under section 24(2);\n\nS. 3(1) def. of *local content* inserted by No. 35/2018 s. 7(1)(a).\n\n***local content*** means—\n\n(a) goods that are produced by local industry; or\n\n(b) services that are supplied by local industry; or\n\n(c) construction activities carried out by local industry;\n\n***local industry*** means industry and other businesses based in Australia or New Zealand;\n\nS. 3(1) def. of *Local Industry Development Plan* inserted by No. 35/2018 s. 7(1)(a).\n\n***Local Industry Development Plan*** means a plan submitted under section 7D;\n\nS. 3(1) def. of *Local Jobs First* inserted by No. 31/2025 s. 25(1).\n\n***Local Jobs First*** means the scheme established under this Act and set out in—\n\n(a) this Act and the regulations; and\n\n(b) the Local Jobs First Policy;\n\nS. 3(1) def. of *Local Jobs First Policy* inserted by No. 35/2018 s. 7(1)(a).\n\n***Local Jobs First Policy*** means the Local Jobs First Policy referred to in section 4;\n\nS. 3(1) def. of *Major Projects Skills Guarantee* inserted by No. 35/2018 s. 7(1)(a).\n\n***Major Projects Skills Guarantee*** means the policy referred in section 4(6);\n\nS. 3(1) def. of *non-contestable project* inserted by No. 31/2025 s. 40.\n\n***non-contestable project*** means a standard project or a strategic project that is determined to be non-contestable in accordance with section 4B;\n\nS. 3(1) def. of *rural and regional Victoria* inserted by No. 35/2018 s. 7(1)(a).\n\n***rural and regional Victoria***  has the same meaning as in the **Regional Development Victoria Act 2002**;\n\nS. 3(1) def. of *standard project* inserted by No. 35/2018 s. 7(1)(a).\n\n***standard project*** means the following—\n\n(a) a project with a budget of $1 million or more that is for the benefit of an area that is wholly in rural and regional Victoria;\n\n(b) a project with a budget of $3 million or more that is for the benefit of an area that is wholly outside rural and regional Victoria;\n\n(c) a project with a budget of $3 million or more that is for the benefit of an area that includes rural and regional Victoria and an area outside rural and regional Victoria;\n\n(d) any other project with a budget of less than $3 million declared by the Minister to be a standard project under section 7A(1);\n\nS. 3(1) def. of *strategic project* inserted by No. 35/2018 s. 7(1)(a).\n\n***strategic project*** means—\n\n(a) a project with a budget of $50 million or more; or\n\n(b) any other project with a budget of less than $50 million declared by the Minister to be a strategic project under section 7A(2);\n\nS. 3(1) def. of *total content* inserted by No. 35/2018 s. 7(1)(a).\n\n***total content*** means goods, services or construction activities for a standard project or a strategic project;\n\nS. 3(1) def. of *Victorian Industry Participation Policy* inserted by No. 35/2018 s. 7(1)(a).\n\n***Victorian Industry Participation Policy*** means the policy referred to in section 4(5).\n\nS. 3(1) def. of *VIPP* repealed by No. 35/2018 s. 7(1)(c).\n\n* * * * *\n\nS. 3(2) amended by Nos 43/2012 s. 3(Sch. item 56.2), 70/2013 s. 4(Sch. 2 item 55.2), 35/2018 s. 7(2).\n\n(2) If the name of the Department of Economic Development, Jobs, Transport and Resources is changed, a reference in the definition of ***Department*** in subsection (1) to that Department is taken, after the change, to be a reference to the Department by its new name.\n\nPt 2 (Heading) inserted by No. 35/2018 s. 8, substituted by No. 31/2025 s. 26.\n\nPart 2—Local Jobs First—application and obligations\n\nS. 4 (Heading) substituted by No. 35/2018 s. 9(1).\n\n\t4 The Local Jobs First Policy\n\n(1) The Victorian Government must develop and implement a policy with respect to the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded (whether wholly or partially) by the State.\n\nS. 4(2) amended by No. 35/2018 s. 9(2).\n\n(2) The policy is to be known as the Local Jobs First Policy.\n\nS. 4(3) substituted by No. 31/2025 s. 27.\n\n(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.\n\nS. 4(4) inserted by No. 35/2018 s. 9(3).\n\n(4) The Local Jobs First Policy is comprised of—\n\n(a) the Victorian Industry Participation Policy; and\n\n(b) the Major Projects Skills Guarantee.\n\nS. 4(5) inserted by No. 35/2018 s. 9(3).\n\n(5) The Victorian Industry Participation Policy is an industry development policy designed to ensure small and medium-sized enterprises are given full and fair opportunity to compete for Victorian government contracts.\n\nS. 4(6) inserted by No. 35/2018 s. 9(3).\n\n(6) The Major Projects Skills Guarantee is a policy that provides job opportunities for apprentices, trainees and cadets on high value construction projects.\n\nS. 4A (Heading) amended by No. 31/2025 s. 41(1).\n\nS. 4A inserted by No. 35/2018 s. 10.\n\n\t4A Compliance with Local Jobs First\n\nS. 4A(1) amended by No. 31/2025 s. 41(2).\n\n(1) A person or agency to which Local Jobs First applies must comply with Local Jobs First.\n\nS. 4A(2) substituted by No. 31/2025 s. 45(1).\n\n(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—\n\n(a) Local Jobs First; and\n\n(b) the Local Industry Development Plan.\n\nS. 4A(3) amended by No. 31/2025 s. 45(2).\n\n(3) Despite subsections (1) and (2)(a) and (b), the Minister may exempt an agency from the requirements of Local Jobs First in respect of a standard project or a strategic project if the Minister is satisfied that exceptional circumstances apply.\n\nS. 4A(4) inserted by No. 31/2025 s. 41(3).\n\n(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.\n\nS. 4B inserted by No. 31/2025 s. 42.\n\n\t4B Non-contestable projects\n\n(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).\n\n(2) A standard project or a strategic project is a ***non-contestable*** ***project*** if—\n\n(a) either—\n\n(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\n\n(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\n\n(b) the project meets any requirements for non-contestable projects specified in the Local Jobs First Policy.\n\n(3) Guidelines referred to in section 4(3) may include processes for, and matters that must be considered during, determinations under subsection (1).\n\nS. 4C inserted by No. 31/2025 s. 42.\n\n\t4C Emergency exemptions\n\n(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—\n\n(a) carried out in accordance with any relevant emergency procurement plan that is in force; and\n\n(b) carried out for the purposes of the response to, or recovery from, an emergency; and\n\n(c) consistent with any relevant supply policy.\n\n(2) In this section—\n\n***emergency*** has the same meaning as in the **Emergency Management Act 2013**;\n\n***emergency procurement plan*** means a plan—\n\n(a) for the procurement of goods and services in response to an emergency; and\n\n(b) prepared by an agency in accordance with a supply policy;\n\n***supply policy*** means a supply policy made under section 54L of the **Financial Management Act 1994**.\n\nS. 5 (Heading) amended by No. 35/2018 s. 11(1).\n\nS. 5 amended by Nos 35/2018 s. 11(2), 31/2025 s. 22(2) (ILA s. 39B(1)).\n\n\t5 Local Jobs First Policy objectives\n\n(1) In developing the Local Jobs First Policy, regard must be had to the following objectives—\n\n(a) promoting employment and business growth by expanding market opportunities for local industry;\n\nS. 5(1)(ab) inserted by No. 31/2025 s. 22(1).\n\n(ab) providing Aboriginal businesses with equitable opportunities to participate in projects undertaken or funded (whether wholly or partially) by the State;\n\nS. 5(1)(ac) inserted by No. 31/2025 s. 22(1).\n\n(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;\n\nS. 5(1)(ad) inserted by No. 31/2025 s. 22(1).\n\n(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;\n\nS. 5(1)(ae) inserted by No. 31/2025 s. 22(1).\n\n(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;\n\nS. 5(1)(af) inserted by No. 31/2025 s. 22(1).\n\n(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;\n\n(b) providing contractors with increased access to, and raised awareness of, local industry capability;\n\n(c) exposing local industry to world's best practice in workplace innovation, e‑commerce and use of new technologies and materials;\n\n(d) developing local industry's international competitiveness and flexibility in responding to changing global markets by giving local industry a fair opportunity to compete against foreign suppliers.\n\nS. 5(2) inserted by No. 31/2025 s. 22(2).\n\n(2) In this section—\n\n***Aboriginal business*** has the prescribed meaning (if any);\n\n***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.\n\nS. 6 (Heading) amended by No. 35/2018 s. 12(1).\n\nS. 6 amended by Nos 35/2018 s. 12(2), 31/2025 s. 23 (ILA s. 39B(1)).\n\n\t6 Local Jobs First Policy principles\n\n(1) The Local Jobs First Policy is to take into account and be consistent with the following principles relating to procurement, tendering and the provision of financial assistance by the State—\n\n(a) value for money should be the primary consideration in purchasing and supply decisions;\n\n(b) tendering mechanisms and processes should be open, clear and accountable.\n\nS. 6(2) inserted by No. 31/2025 s. 23.\n\n(2) In this section—\n\n***value for money*** has the same meaning as in—\n\n(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\n\n(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\n\n(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.\n\nS. 7 (Heading) amended by No. 35/2018 s. 13(1).\n\nS. 7 amended by No. 35/2018 s. 13(2).\n\n\t7 Local Jobs First Policy to be consistent with other requirements\n\nThe Local Jobs First Policy must be consistent with—\n\n(a) any supply policies under section 54L of the **Financial Management Act 1994**; and\n\n(b) any standards or directions under Part 4 of the **Project Development and Construction Management Act 1994**; and\n\n(c) the obligations of the State under any conventions, treaties or other international agreements to which Australia is a party.\n\nS. 7A inserted by No. 35/2018 s. 14.\n\n\t7A Power to declare a project a standard project or a strategic project\n\n(1) The Minister may declare a project with a budget of less than $3 million to be a standard project.\n\n(2) The Minister may declare a project with a budget of less than $50 million to be a strategic project.\n\nS. 7B inserted by No. 35/2018 s. 14.\n\n\t7B Determination of requirements for strategic projects and standard projects\n\n(1) The Minister must determine local content requirements for strategic projects.\n\n(2) For the purposes of subsection (1), the Minister must determine the minimum percentage of value of the total content of strategic projects that must be local content.\n\n(3) The minimum percentage determined by the Minister under subsection (2) must be no less than—\n\n(a) 90% for a strategic project that is a construction project; or\n\n(b) 80% for a strategic project that is a services project or a maintenance project; or\n\n(c) 80% for the maintenance or operations phase of a strategic project.\n\n(4) The Minister may determine other matters relating to strategic projects, including but not limited to—\n\n(a) requirements to maximise the use of steel products produced by local industry; or\n\n(b) requirements to use a specified amount of steel products produced by local industry; or\n\n(c) requirements to maximise the use of uniform and personal protective equipment produced by local industry; or\n\nS. 7B(4)(ca) inserted by No. 31/2025 s. 47.\n\n(ca) requirements to use a specified amount of uniform and personal protective equipment produced by local industry; or\n\n(d) any other requirements or conditions.\n\n(5) The Minister may determine local content requirements for standard projects.\n\n(6) The Minister may determine other matters relating to standard projects, including but not limited to requirements and conditions.\n\nS. 7B(7) inserted by No. 31/2025 s. 43.\n\n(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.\n\nS. 7C inserted by No. 35/2018 s. 14.\n\n\t7C Major Projects Skills Guarantee requirements\n\n(1) The Major Projects Skills Guarantee applies to—\n\n(a) standard projects that are construction projects with a budget of $20 million or more; and\n\n(b) strategic projects that are construction projects.\n\n(2) The Major Projects Skills Guarantee—\n\n(a) requires apprentices, trainees or cadets to be engaged  for a minimum of 10% of the total number of estimated hours of work on the project; and\n\n(b) may include other requirements or conditions determined by the Minister.\n\nS. 7D inserted by No. 35/2018 s. 14.\n\n\t7D Local Industry Development Plan\n\n(1) A person tendering for a contract for a standard project or a strategic project must submit a plan (a ***Local Industry Development Plan***) that complies with subsection (2)—\n\n(a) to the agency responsible for the project; and\n\n(b) to the Department.\n\n(2) A Local Industry Development Plan submitted under subsection (1) must—\n\nS. 7D(2)(a) amended by No. 31/2025 s. 28.\n\n(a) specify how the  requirements of Local Jobs First will be met; and\n\n(b) identify total content and local content for the project; and\n\n(c) include any other matter required to be included in the Plan by the Local Jobs First Policy.\n\n(3) An agency must not accept a tender that does not include a Local Industry Development Plan.\n\n(4) If a person's tender is accepted, the person must comply with the Local Industry Development Plan.\n\nS. 7E (Heading) amended by No. 31/2025 s. 29.\n\nS. 7E inserted by No. 35/2018 s. 14.\n\n\t7E Weighting of commitments to Local Jobs First\n\nIn evaluating a tender for a contract for a standard project or a strategic project, an agency must give weighting to the following parts in the specified amounts—\n\n(a) 10% for industry development, including commitments made in relation to the Victorian Industry Participation Policy;\n\n(b) 10% for job outcomes, including, if applicable, job outcomes provided by the Major Projects Skills Guarantee.\n\nS. 8 amended by No. 35/2018 s. 15, substituted by No. 31/2025 s. 30.\n\n\t8 Publication of Local Jobs First Policy\n\nThe Minister must ensure that the Local Jobs First Policy, as in force from time to time, is published on an Internet site.\n\nS. 9 (Heading) amended by Nos 35/2018 s. 16(1), 31/2025 s. 31(1).\n\n\t9 Agencies to report on compliance with Local Jobs First\n\nS. 9(1) amended by Nos 35/2018 s. 16(2), 31/2025 s. 31(2).\n\n(1) Each agency must include in its report of operations under Part 7 of the **Financial Management Act 1994** a report on the agency's compliance with Local Jobs First in the financial year to which the report of operations relates.\n\n(2) Directions under section 8 of the **Financial Management Act 1994** may include directions as to the form and content of the report required by subsection (1).\n\nS. 9(3) inserted by No. 35/2018 s. 16(3).\n\n(3) Each agency must provide the information included in a report under subsection (1) to the Department no later than 6 weeks after the end of the financial year to which the report relates.\n\nS. 10 (Heading) amended by Nos 35/2018 s. 17(1), 31/2025 s. 32(1).\n\n\t10 Minister to report on implementation of Local Jobs First\n\nS. 10(1) amended by Nos 35/2018 s. 17(2), 31/2025 s. 32(2).\n\n(1) The Minister must make a report to Parliament for each financial year on the implementation of Local Jobs First during that year.\n\n(2) The report is to be in the form, and contain the information, determined by the Minister.\n\nS. 10(2A) inserted by No. 35/2018 s. 17(3).\n\n(2A) The Minister must include in the report any recommendations made by the Commissioner under section 28(3)(a).\n\n(3) The Minister must cause the report for a financial year to be laid before each House of Parliament on or before 30 November next following that financial year.\n\n\t11 Agencies to provide information to Minister\n\nAn agency must, on request, provide the Minister with any information the Minister requires for the purpose of making a report under section 10.\n\nPt 3 (Headings and ss 12–21) inserted by No. 35/2018 s. 18.\n\nPart 3—Local Jobs First Commissioner\n\nDivision 1—Appointment of Local Jobs First Commissioner\n\nS. 12 inserted by No. 35/2018 s. 18.\n\n\t12 Local Jobs First Commissioner\n\nThe Minister may appoint, by instrument, a person as the Local Jobs First Commissioner (the ***Commissioner***).\n\nS. 13 inserted by No. 35/2018 s. 18.\n\n\t13 Terms and conditions of appointment\n\n(1) The appointment of the Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment.\n\n(2) The appointment of the Commissioner is to be on the terms and conditions set out in the instrument of appointment.\n\n(3) The Commissioner is entitled to be paid remuneration and allowances determined by the Minister.\n\n(4) The Commissioner may hold office on a full‑time or part-time basis.\n\n(5) The Commissioner may be reappointed.\n\n(6) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Commissioner in respect of the office of the Commissioner.\n\nS. 14 inserted by No. 35/2018 s. 18.\n\n\t14 Acting Commissioner\n\n(1) The Minister may appoint a person to act as the Commissioner—\n\n(a) during a vacancy in the office of the Commissioner; or\n\n(b) during any period, not exceeding 12 months, when the Commissioner is absent from duty or, for any other reason, unable to perform the duties of that office.\n\n(2) The appointment is to be on the terms and conditions set out in the instrument of appointment.\n\n(3) A person acting as the Commissioner has all the powers and may perform all the functions and duties conferred by this Act or any other Act on the Commissioner.\n\n(4) The Minister may revoke the appointment of a person acting as the Commissioner at any time.\n\nS. 15 inserted by No. 35/2018 s. 18.\n\n\t15 Vacancy and resignation\n\nThe Commissioner ceases to hold office if the Commissioner—\n\n(a) resigns by notice in writing signed and delivered to the Minister; or\n\n(b) becomes insolvent under administration; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election for or is elected to—\n\n(i) the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or\n\nS. 15(d)(ii) amended by No. 9/2020 s. 390(Sch. 1 item 65).\n\n(ii) a Council, within the meaning of the **Local Government Act 2020**; or\n\n(e) is removed from office under section 16.\n\nS. 16 inserted by No. 35/2018 s. 18.\n\n\t16 Removal from office\n\nThe Minister may remove the Commissioner from office on any of the following grounds—\n\n(a) any neglect of the Commissioner in carrying out the duties of office;\n\n(b) any misconduct by the Commissioner in carrying out the duties of office;\n\n(c) an inability of the Commissioner to perform the duties of office;\n\n(d) a conflict of interest of the Commissioner when carrying out the duties of office;\n\n(e) the Commissioner engaging in paid employment outside the duties of office without the Minister's consent.\n\nDivision 2—Powers and functions of Local Jobs First Commissioner\n\nS. 17 inserted by No. 35/2018 s. 18.\n\n\t17 Power of Commissioner\n\nSubject to this Act, the Commissioner has the power to do all things necessary or convenient to be done for or in connection with the functions of the Commissioner under this Act or any other Act.\n\nS. 18 inserted by No. 35/2018 s. 18.\n\n\t18 Functions of Commissioner\n\nThe Commissioner has the following functions—\n\nS. 18(a) amended by No. 31/2025 s. 33(1).\n\n(a) to promote Local Jobs First across agencies and local industry;\n\n(b) to collaborate with agencies and external service providers to assist businesses in targeting companies and workers in specific sectors and regions;\n\n(c) to work with agencies to improve Victorian industry access to current and future government procurement opportunities;\n\n(d) to advocate for the private sector and local government to procure goods and services from Victorian industry, employ local workers and enhance the skills of local workers;\n\n(e) to work with Victorian industry and employee organisations to facilitate collaborations between contractors and the training sector to build skills development in relation to project  \ndelivery;\n\nS. 18(f) amended by No. 31/2025 s. 33(1).\n\n(f) to provide strategic advice on issues related to Local Jobs First, particularly on actions to grow participation by local industry in government activities in the short-term, medium-term and long-term;\n\n(g) to support the development of and provide advice on government procurement policies and initiatives;\n\nS. 18(h) amended by No. 31/2025 s. 33(2).\n\n(h) to monitor and report on compliance with Local Jobs First and Local Industry Development Plans;\n\nS. 18(i) amended by No. 31/2025 s. 33(3).\n\n(i) to take enforcement action in relation to breaches of Local Jobs First and Local Industry Development Plans;\n\n(j) any other functions conferred on the Commissioner.\n\nS. 19 inserted by No. 35/2018 s. 18.\n\n\t19 Commissioner subject to Ministerial direction\n\nThe Commissioner must exercise the powers and perform the functions of the Commissioner under this Act or any other Act subject to any written directions given by the Minister.\n\nS. 20 inserted by No. 35/2018 s. 18.\n\n\t20 Delegation\n\nThe Commissioner may delegate, by instrument, any power of the Commissioner under this Act or any other Act, other than this power of delegation, to any person who is employed under the **Public Administration Act 2004** and has the necessary skills to exercise that power.\n\nS. 21 inserted by No. 35/2018 s. 18.\n\n\t21 Assistance to be provided\n\n(1) The Commissioner may make a request in writing to the Department Head for assistance in connection with the reasonable performance of the Commissioner's functions.\n\n(2) The Department Head must ensure that the Commissioner is provided with any assistance that the Commissioner reasonably requires.\n\nPt 4 (Heading and ss 22, 23) inserted by No. 35/2018 s. 18.\n\nPart 4—Requests for information from agencies\n\nS. 22 inserted by No. 35/2018 s. 18.\n\n\t22 Requests for information from agencies\n\n(1) If the Commissioner believes on reasonable grounds that an agency has information or a document that is relevant to the performance of the functions of the Commissioner, the Commissioner may request in writing that the agency provide the specified information or specified document to the Commissioner.\n\n(2) An agency that receives a written request for information or a document under subsection (1) may provide the specified information or specified document to the Commissioner.\n\nS. 23 inserted by No. 35/2018 s. 18.\n\n\t23 Audits by agencies\n\n(1) The Commissioner may request an agency—\n\n(a) to conduct an audit in relation to—\n\nS. 23(1)(a)(i) amended by No. 31/2025 s. 34.\n\n(i) compliance by a person or agency with Local Jobs First; or\n\n(ii) compliance by a person with a Local Industry Development Plan; and\n\n(b) to provide to the Commissioner a report on the audit.\n\n(2) The Commissioner may impose terms of reference or other requirements in relation to an audit conducted by an agency under subsection (1).\n\nPt 5 (Headings and ss 24–30) inserted by No. 35/2018 s. 18.\n\nPart 5—Enforcement of Local Jobs First Policy and other matters\n\nDivision 1—Information gathering and compliance powers\n\nS. 24 inserted by No. 35/2018 s. 18.\n\n\t24 Power to request information or documents from persons\n\n(1) This section applies if the Commissioner believes on reasonable grounds that a person has information or a document that is relevant—\n\nS. 24(1)(a) amended by No. 31/2025 s. 35.\n\n(a) to the operation of Local Jobs First; or\n\n(b) to a Local Industry Development Plan.\n\n(2) The Commissioner may issue a notice (an ***information notice***), in writing, to the person requiring the person to do any of the following—\n\n(a) give to the Commissioner specified information, within the period and in the manner and form specified in the information notice;\n\n(b) produce to the Commissioner any document specified in the information notice, within the period and in the manner specified in the information notice;\n\n(c) make copies of any specified document and produce the copies to the Commissioner, within the period and in the manner specified in the information notice.\n\n(3) A period specified in subsection (2)(a), (b) or (c) must be no less than 14 days from when the information notice is issued.\n\n(4) A person must comply with an information notice to the extent the person is capable of doing so.\n\nS. 25 inserted by No. 35/2018 s. 18.\n\n\t25 No requirement to pay fees\n\nFor the purposes of exercising a power under section 22 or 24, the Commissioner is not required to pay any fees.\n\nS. 26 inserted by No. 35/2018 s. 18.\n\n\t26 Power to issue a compliance notice\n\n(1) The Commissioner may issue a notice (a ***compliance notice***), in writing, to a person if the Commissioner reasonably believes that the person has—\n\n(a) failed to comply with an information notice; or\n\nS. 26(1)(b) amended by No. 31/2025 s. 36.\n\n(b) failed to comply with Local Jobs First; or\n\n(c) failed to comply with a Local Industry Development Plan.\n\n(2) A compliance notice may—\n\n(a) require the person to comply with an information notice within a specified period; or\n\n(b) require the person to—\n\nS. 26(2)(b)(i) amended by No. 31/2025 s. 36.\n\n(i) comply with Local Jobs First within a specified period; or\n\nS. 26(2)(b)(ii) amended by No. 31/2025 s. 36.\n\n(ii) take specified steps within a specified period to comply with Local Jobs First; or\n\n(c) require the person to—\n\n(i) comply with the Local Industry Development Plan within a specified period; or\n\n(ii) take specified steps within a specified period to comply with the Local Industry Development Plan.\n\n(3) A period specified in subsection (2)(a), (b) or (c) must be no less than 14 days from when the compliance notice is issued.\n\nS. 27 inserted by No. 35/2018 s. 18.\n\n\t27 Responding to a compliance notice\n\n(1) If a person receives a compliance notice and disagrees with the compliance notice, the person has 14 days from the date of the receipt of the compliance notice to provide a written response to the Commissioner outlining the person's reasons for disagreeing with the compliance notice.\n\n(2) After considering a response under subsection (1), the Commissioner may, by notice in writing—\n\n(a) withdraw the compliance notice; or\n\n(b) confirm the compliance notice.\n\n(3) If the compliance notice is confirmed—\n\n(a) the notice must specify a period within which the person must comply; and\n\n(b) the person must comply within that period.\n\nS. 28 inserted by No. 35/2018 s. 18.\n\n\t28 Commissioner may make determination\n\n(1) This section applies if the Commissioner has issued a compliance notice to a person under section 26(1) and—\n\n(a) the Commissioner has not received a response from the person under section 27(1) within 14 days; or\n\n(b) the Commissioner has received a response under section 27(1) within 14 days and—\n\n(i) the Commissioner has confirmed the compliance notice under section 27(2)(b); and\n\n(ii) the person has failed to comply with the notice within the period specified in the notice.\n\n(2) The Commissioner may determine that—\n\n(a) the person has failed to comply with an information notice; or\n\nS. 28(2)(b) amended by No. 31/2025 s. 37.\n\n(b) the person has failed to comply with Local Jobs First; or\n\n(c) the person has failed to comply with a Local Industry Development Plan.\n\n(3) If the Commissioner makes a determination under subsection (2), the Commissioner may—\n\n(a) recommend to the Minister that the Minister issue an Adverse Publicity Notice in accordance with section 29;  \nand\n\n(b) advise the person and the appropriate agency of—\n\n(i) the determination; and\n\n(ii) the recommendation that the Minister issue an Adverse Publicity Notice.\n\n**Note**\n\nSection 10(2A) requires the Minister to include in a report to Parliament recommendations made under section 28(3)(a).\n\n(4) The person may, within 7 days after the Commissioner has advised the person of the determination and recommendation, respond to the Commissioner, in respect of the recommendation that an Adverse Publicity Notice be issued by the Minister.\n\nS. 29 inserted by No. 35/2018 s. 18.\n\n\t29 Adverse Publicity Notices\n\n(1) The Minister may issue an Adverse Publicity Notice in relation to a person—\n\n(a) after receiving a recommendation under section 28(3)(a) in respect of the person; or\n\n(b) if the Minister is satisfied that the person has—\n\nS. 29(1)(b)(i) amended by No. 31/2025 s. 38.\n\n(i) failed to comply with Local Jobs First; or\n\n(ii) failed to comply with a Local Industry Development Plan.\n\n(2) An Adverse Publicity Notice must—\n\n(a) name the person to whom the Adverse Publicity Notice relates; and\n\n(b) set out the details of the conduct; and\n\n(c) be published in the prescribed manner.\n\nDivision 2—Injunctions or other enforcement action\n\nS. 30 inserted by No. 35/2018 s. 18, amended by No. 31/2025 s. 39.\n\n\t30 Commissioner may recommend an agency seeks an injunction or other enforcement action\n\nIf a person is failing to comply or has failed to comply with Local Jobs First or a Local Industry Development Plan, the Commissioner may make a recommendation to the appropriate agency that the agency seeks compliance with Local Jobs First or the Local Industry Development Plan by—\n\n(a) applying to a court of competent jurisdiction for an injunction; or\n\n(b) taking enforcement action available under an applicable contract.\n\nPt 6 (Heading and ss 31, 32) inserted by No. 35/2018 s. 18.\n\nPart 6—General\n\nS. 31 inserted by No. 35/2018 s. 18.\n\n\t31 Annual report to Minister\n\n(1) The Commissioner must submit a report to the Minister on the performance of functions and the exercise of powers by the Commissioner under this Act in respect of each financial year.\n\n(2) The report must be submitted to the Minister by no later than 30 August after the end of each financial year.\n\nS. 32 inserted by No. 35/2018 s. 18.\n\n\t32 Immunity\n\n(1) The Commissioner or a person assisting the Commissioner under section 21 is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.\n\n(2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Commissioner or a person assisting the Commissioner under section 21 attaches to the State instead.\n\nS. 32A inserted by No. 31/2025 s. 46.\n\n\t32A Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) the administration or implementation of Part 2A;\n\n(b) the process and requirements for submitting a response to a notice of intention under section 11D;\n\n(c) the process and requirements for issuing a deprioritisation notice or making a deprioritisation determination;\n\n(d) disclosure or use of information for the purposes of Part 2A, including but not limited to—\n\n(i) disclosure of information relating to completion reports and deprioritisation determinations; and\n\n(ii) sharing information provided under Local Jobs First;\n\n(e) evidence that a supplier must provide in relation to the review of a deprioritisation notice under Part 2A;\n\n(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;\n\n(g) the administration or implementation of Division 3 of Part 5;\n\n(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.\n\n(2) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(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;\n\n(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;\n\n(e) confer powers or impose duties in connection with the regulations on any specified person or specified class of person;\n\n(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—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(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\n\n(iii) as formulated, issued, prescribed (whether under this Act or any other Act) or published from time to time.\n\nS. 32B inserted by No. 31/2025 s. 46.\n\n\t32B Transitional regulations\n\n(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.\n\n(2) Regulations under this section may—\n\n(a) have a retrospective effect to the commencement day or a day after the commencement day;\n\n(b) be of limited or general application;\n\n(c) differ according to time, place or circumstance;\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(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.\n\n(4) This section is **repealed** on the second anniversary of the commencement day.\n\n(5) In this section—\n\n***commencement day*** means the day on which section 46 of the **Local Jobs First Amendment Act 2025** comes into operation.\n\nPt 7 (Heading and ss 33–35) inserted by No. 35/2018 s. 18.\n\nPart 7—Transitional provisions\n\nS. 33 inserted by No. 35/2018 s. 18.\n\n\t33 Transitional provision—title to Act\n\nOn and from the commencement of the **Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018**, in any Act, subordinate instrument or other document, unless the context otherwise requires, a reference to the **Victorian Industry Participation Policy Act 2003** is to be construed as a reference to the **Local Jobs First Act 2003**.\n\nS. 34 inserted by No. 35/2018 s. 18.\n\n\t34 Transitional provision—report under section 9\n\n(1) This section applies to an agency's report under section 9 in respect of the financial year commencing on 1 July 2018.\n\n(2) Despite section 16 of the **Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018**, the report must also include the information required by section 9 (as in force immediately before its amendment) for the period commencing on 1 July 2018 and ending on the commencement of section 16 of the **Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018**.\n\nS. 35 inserted by No. 35/2018 s. 18.\n\n\t35 Transitional provision—report under section 10\n\n(1) This section applies to a report of the Minister under section 10 in respect of the financial year commencing on 1 July 2018.\n\n(2) Despite section 17 of the **Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018**, the report must also include the information required by section 10 (as in force immediately before its amendment) for the period commencing on 1 July 2018 and ending on the commencement of section 17 of the **Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018**.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 5 June 2003*\n\n*Legislative Council: 7 October 2003*\n\nThe long title for the Bill for this Act was \"to provide for the development and implementation of a Victorian Industry Participation Policy and require reports to Parliament on the policy's implementation and government agencies' compliance with it and for other purposes.\"\n\nThe **Victorian Industry Participation Policy Act 2003** was assented to on 14 October 2003 and came into operation on 1 January 2004: section 2(2).\n\nThe title of this Act was changed from the **Victorian Industry Participation Policy Act 2003** to the **Local Jobs First Act 2003** by section 4 of the **Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018**, No. 35/2018.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Local Jobs First Act 2003** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| *Assent Date:* | 27.6.12 |\n| --- | --- |\n| *Commencement Date:* | S. 3(Sch. item 56) on 28.6.12: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Local Jobs First Act 2003** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| *Assent Date:* | 19.11.13 |\n| --- | --- |\n| *Commencement Date:* | S. 4(Sch. 2 item 55) on 1.12.13: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Local Jobs First Act 2003** |\n\n\n**Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018, No. 35/2018**\n\n| Assent Date: | 14.8.18 |\n| --- | --- |\n| Commencement Date: | Ss 4–18 on 15.8.18: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Local Jobs First Act 2003** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 65) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Local Jobs First Act 2003** |\n\n\n**Local Jobs First Amendment Act 2025, No. 31/2025**\n\n| Assent Date: | 19.8.25 |\n| --- | --- |\n| Commencement Date: | Ss 22–43, 45–47 on 20.8.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Local Jobs First Act 2003** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2003 purpose. Originally the 'Victorian Industry Participation Policy Act', it was a simple reporting and policy framework. The 2018 amendments transformed it by: (1) creating the Commissioner position with enforcement powers, (2) introducing mandatory minimum local content percentages, (3) adding the Major Projects Skills Guarantee, and (4) establishing the Local Industry Development Plan regime. The 2025 amendments further expanded scope to include specific objectives for Aboriginal businesses, regional SMEs, and Australian Standards compliance. It evolved from a voluntary/policy framework to a complex regulatory and enforcement scheme with contractual mandates."},"complexity_factors":["Multiple defined terms (approx. 20) including nested definitions like 'local content' and 'local industry'","Two-tier project classification system (standard vs strategic) with different dollar thresholds ($1M/$3M vs $50M) and variable Minister discretion to declare projects","Cross-references to at least 5 other Acts (Financial Management Act 1994, Public Administration Act 2004, Regional Development Victoria Act 2002, Emergency Management Act 2013, Project Development and Construction Management Act 1994)","Complex conditional logic for exemptions: Ministerial exemptions for 'exceptional circumstances', emergency exemptions under section 4C, and non-contestable project determinations under section 4B","Multi-layered enforcement mechanism: information notices → compliance notices → determinations → Adverse Publicity Notices → potential injunctions","Recent amendments (2025) inserted new objectives and expanded definitions, creating layered historical context visible in the amendment notes","Regulation-making powers that allow incorporation of external documents and standards by reference","Transitional provisions with sunset clauses (e.g., section 32B self-repeals after 2 years)"],"plain_english_summary":"**What this law does:**\n\nThis is Victorian legislation (not Commonwealth, despite the user's framing) that creates a scheme called **\"Local Jobs First\"** — essentially a \"buy local\" policy for government projects. It requires Victorian government agencies to give priority to local businesses and workers when spending public money on construction, goods, and services.\n\n**Who it affects:**\n\n*   **Government agencies** (departments and public bodies) — they must follow the rules and report on compliance.\n*   **Businesses tendering for government contracts** — especially those bidding on \"standard projects\" (worth $1M–$3M depending on location) or \"strategic projects\" (worth $50M+). They must submit \"Local Industry Development Plans\" showing how they'll use local content.\n*   **Contractors and subcontractors** — must meet local content requirements (minimum percentages set by the Minister: 90% for big construction projects, 80% for services/maintenance).\n*   **Apprentices and trainees** — the \"Major Projects Skills Guarantee\" requires that at least 10% of work hours on big construction projects go to apprentices, trainees or cadets.\n*   **The Local Jobs First Commissioner** — an independent watchdog appointed to monitor compliance, investigate breaches, and enforce the policy.\n\n**Key requirements:**\n\n*   **Local content minimums:** Strategic projects must use 90% local content for construction, 80% for services (unless exempted).\n*   **Tender evaluation:** 20% of the tender score must be based on local job outcomes (10% for industry development, 10% for jobs/skills).\n*   **Non-contestable projects:** If only local industry can realistically do the work, agencies must determine this before tendering.\n*   **Emergency exemptions:** The rules don't apply during emergencies if following emergency procurement plans.\n*   **Enforcement:** The Commissioner can issue compliance notices, conduct audits, recommend \"Adverse Publicity Notices\" (public naming and shaming), and recommend court injunctions for non-compliance.\n\n**Why it matters:**\n\nIt aims to keep taxpayer money circulating in the Victorian (and broader Australian/New Zealand) economy, support small and medium businesses, boost regional employment, and ensure major projects train the next generation of workers. It also now specifically includes objectives for Aboriginal businesses and regional small businesses following recent amendments."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded in scope since its original form as the Victorian Industry Participation Policy Act 2003. The original instrument focused on developing and reporting on an industry participation policy. Subsequent amendments (notably 2018 and 2025) transformed the scheme into a prescriptive procurement regime by: (a) renaming and reconstituting the policy as \"Local Jobs First\" with binding application to defined project classes (s4, s3 definitions); (b) introducing mandatory Local Industry Development Plans and making them contractually binding (s7D(1)–(4)); (c) creating a statutory Local Jobs First Commissioner with investigatory and enforcement powers, including information/compliance notices, audit powers and recommendation powers for public notices and legal action (Part 3; ss22–30); (d) adding concrete minimum local‑content thresholds for strategic projects (s7B(2)–(3)) and apprenticeship quotas for major construction projects (s7C); and (e) widening objectives to explicitly include Aboriginal businesses, regional SMEs and use of local content at each stage of projects (s5(1)(ab)–(ad), (ad)). These changes convert the Act from a reporting and policy‑development vehicle into an operational procurement instrument with enforceable obligations, ministerial discretion, and administrative enforcement mechanisms."},"complexity_factors":["Multiple defined project classes with monetary thresholds in the interpretation section (standard project: $1m/$3m; strategic project: $50m) and ministerial power to vary (s3 defs; s7A).","Several substantive defined terms and concepts introduced or modified by later amendments (e.g. Local Jobs First, Local Industry Development Plan, Major Projects Skills Guarantee, non‑contestable project) (s3).","Numerous cross‑references to other Acts and external instruments (Financial Management Act 1994, Project Development and Construction Management Act 1994, Emergency Management Act 2013, Regional Development Victoria Act 2002), creating external dependencies (s3 defs; s6; s7).","Significant Ministerial discretion and delegated rule‑making: Minister sets local content percentages, may declare projects, may exempt agencies, and regulations may fill multiple procedural gaps (s7B; s7A; s4A(3); s32A).","Enforcement has multi‑step conditional logic: information notices (s24) → compliance notices (s26) → response/confirmation (s27) → Commissioner determination (s28) → Ministerial Adverse Publicity Notice or agency injunction/contract action (ss28–30).","Administrative reporting and auditing duties spanning agencies, Department and Minister with timing and content conditions (s9; s10; s23).","Special procedural minimums and windows (e.g. 14‑day minimums for compliance/information notice responses; 7 days for response to recommendation for adverse publicity) produce tight conditional timelines (ss24(3); s26(3); s27(1); s28(4)).","Regulations and transitional regulations provisions (s32A; s32B) reference additional Parts (Part 2A; Division 3 of Part 5) not fully detailed in the Act text provided, indicating layered delegated complexity.","Commissioner’s office structure, appointment and removal conditions, and the Commissioner being subject to Ministerial directions (ss12–16; s19) add governance complexity and potential political interface.","Several nested exceptions (non‑contestable, emergency, ministerial exceptional exemption) and interaction rules (Local Jobs First not applying where non‑contestable determination obtained) increase conditional pathways (s4B; s4C; s4A(3))."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Requires the Victorian Government to have and publish a Local Jobs First Policy setting rules for how local industry participates in government projects, procurements and developments (s4, s8).\n- Defines which projects the policy applies to by size and location: \"standard projects\" (thresholds at $1m or $3m depending on location) and \"strategic projects\" (normally $50m+) and allows the Minister to declare other projects as either type (s3 defs; s7A).\n- Gives the Minister power to set minimum local‑content requirements for strategic projects (minimums set in s7B(3): at least 90% local for construction strategic projects, 80% for services/maintenance and for maintenance/operations phases) and to set requirements for standard projects (s7B(1),(5)).\n- Requires anyone tendering for a standard or strategic project to submit a Local Industry Development Plan (LIDP) that explains how Local Jobs First requirements will be met and identifies total and local content; agencies must not accept a tender without an LIDP and must bind the successful tenderer to that plan (s7D(1)–(4)).\n- Specifies how tender evaluation must treat Local Jobs First commitments: 10% weighting for industry development and 10% for job outcomes (including apprenticeships under the Major Projects Skills Guarantee) (s7E).\n- Imposes the Major Projects Skills Guarantee on larger construction projects (standard construction projects with budget ≥ $20m and all strategic construction projects), requiring apprentices/trainees/cadets to be engaged for at least 10% of estimated hours (s7C).\n- Establishes an enforcement and compliance structure: a Local Jobs First Commissioner with powers to promote the policy, request documents, commission audits, issue information and compliance notices, make determinations of non‑compliance, recommend publication of adverse publicity, and refer to agencies to seek injunctions or contract enforcement (Part 3; ss22–30).\n- Provides limited exemptions: projects can be declared non‑contestable if local industry cannot reasonably provide the whole project on a genuinely competitive basis (s4B); emergency procurements consistent with emergency procurement plans are excluded (s4C); and the Minister may grant exceptional exemptions (s4A(3)).\n- Requires agencies to report annually on compliance (s9) and requires the Minister to report to Parliament annually on implementation, including Commissioner recommendations (ss10,11).  \n- Confers broad regulation‑making power to flesh out processes (s32A), and transitional/regulatory arrangements related to the 2025 amendments (s32B).\n\n**Who it affects**\n\n- State government agencies and departments (they must apply the policy in procurement, require LIDPs, report on compliance) (s4A(2), s9).\n- Companies and consortia tendering for government contracts for covered projects (must submit LIDPs, meet local content and apprenticeship requirements, and can face compliance notices and public notices) (s7D, s7B, s7C, ss24–29).\n- Local industry (defined to include Australian and New Zealand businesses) and specified groups the policy highlights (Aboriginal businesses, SMEs, regional firms) who are the intended beneficiaries of procurement preference and capacity‑building measures (s3 definitions; s5(1)(ab)–(ad)).\n- The Minister and the Local Jobs First Commissioner, who hold decision and enforcement powers (s12, s17–21).\n\n**Why it matters (stated purpose and how it operates in practice)**\n\n- The Act’s stated purpose is to create and enforce a procurement scheme that increases local industry participation in government projects and reports on its implementation (s1(a)–(b), s1(e)).  \n- Mechanically, the Act converts that purpose into binding procurement requirements for defined project classes (standard/strategic), mandatory LIDPs, minimum local‑content thresholds for strategic projects, apprenticeship engagement on large construction projects, and enforceable compliance procedures (ss4, 7B, 7C, 7D, Part 5).\n\n**Costs, incentives and trade‑offs (practical effects and implementation risks)**\n\n- Who pays: potential cost increases fall on the parties delivering projects (tenderers/contractors) and ultimately on the State as project funder if local content requirements raise procurement prices. Agencies carry administrative costs for compliance, auditing and reporting (s7D, ss22–23, s9).\n- Competition and sourcing: minimum local‑content thresholds (s7B(2)–(3)) and mandatory LIDPs restrict sourcing choices for tenderers and may reduce the pool of eligible suppliers (especially overseas firms). The non‑contestable determination route (s4B) is an explicit mechanism to allow exceptions where local supply on a genuinely competitive basis is impractical.\n- Contract freedom and enforcement: agencies must include Local Jobs First obligations in contracts (s4A(2)). Non‑compliance can lead to compliance notices, Commissioner determinations, recommendation of an Adverse Publicity Notice (s26–29), and recommendations that agencies seek injunctions or use contractual enforcement (s30). Adverse publicity is a reputational sanction rather than a direct financial penalty; injunctions or contractual enforcement can lead to formal legal remedies.\n- Administrative burden and verification: tenderers must prepare LIDPs and provide documentary evidence (s7D, s24). The Commissioner and agencies can request information, run audits and set terms of reference (ss22–24, s23). Verifying that goods/services are \"local content\" (s3 definitions) and measuring percentages of local content across complex supply chains poses practical measurement and monitoring challenges.\n- Discretion and predictability: many important details are left to Ministerial determinations (e.g. local‑content settings for strategic projects (s7B), declarations of project types (s7A), exemptions (s4A(3))) and to regulations (s32A). The Commissioner is also subject to written Ministerial directions (s19). This creates implementation flexibility but increases legal and commercial uncertainty for suppliers.\n- Concentrated vs diffuse effects: benefits (contract opportunities, training hours) accrue to local firms and apprentices (concentrated groups named in s5 objectives); costs (potential price increases, compliance time) are distributed across contractors and the State budget.\n- Treaty and external limits: the policy must be consistent with supply policies and the State’s international obligations (s7(c)), which constrains how local preferences operate against treaty commitments.\n\n**Implementation and compliance risks**\n\n- Measuring local content across multi‑tier supply chains and services is operationally difficult (s3 definition of local content; s7D requirement to identify total and local content).\n- Ministerial discretion over thresholds, exemptions and regulations (s7B, s4A(3), s32A) may cause uneven application and uncertainty for bidders.\n- Enforcement is largely administrative and reputational (Adverse Publicity Notices (s29)) with optional legal escalation via agencies (injunctions/contracts) (s30); there is no express civil monetary penalty regime in the Act.\n\n**Who decides and who enforces**\n\n- The Minister sets policy detail and may give written directions to the Commissioner (ss4, 7B, 19).  \n- The Local Jobs First Commissioner investigates, audits, issues information/compliance notices, makes determinations of non‑compliance, and recommends public notices or legal action (Part 3; ss22–30).  \n- Agencies operationalise the policy in procurement, require LIDPs, evaluate tenders with mandated weighting and report on compliance (s4A(2), s7E, s9).\n\n**Key provisions to note**\n\n- Project definitions and monetary thresholds: s3 (definitions), s7A (Minister may declare project types).\n- Minimum local content for strategic projects: s7B(2)–(3).\n- Mandatory Local Industry Development Plans and contract binding: s7D(1)–(4).\n- Major Projects Skills Guarantee (apprenticeship hours): s7C.\n- Commissioner powers: ss22–30 (information notices, compliance notices, determinations, recommendations for adverse publicity and injunctions).\n- Exemptions: non‑contestable projects (s4B), emergency exemptions (s4C), and Ministerial exceptional exemptions (s4A(3)).\n\n"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was originally titled the Victorian Industry Participation Policy Act 2003, suggesting a narrower policy-framework focus. The rename to Local Jobs First Act reflects a broadening of scope and intent — from a procedural industry participation policy into a more proactive mandate to prioritise local employment and content in government procurement. This signals an expansion from compliance documentation toward active job-creation outcomes."},"complexity_factors":["The legislation has been amended and renamed over time, meaning readers must track changes between versions","Application thresholds (contract dollar values triggering the policy) add technical detail","Interaction with Commonwealth procurement rules creates potential overlap and confusion","Compliance and reporting obligations on government agencies require understanding of administrative processes","Definition of 'local' (Victorian vs Australian vs New Zealand) involves nuanced geographic and legal distinctions"],"plain_english_summary":"The Local Jobs First Act 2003 requires Victorian government buyers to prioritise Australian and New Zealand suppliers when awarding contracts, especially large construction, manufacturing and infrastructure procurements. It sets local-content targets and requires agencies to assess how much work will go to local industry.\n\nIt affects businesses bidding for government work, the agencies that spend public money, and taxpayers — aiming to keep jobs and economic activity in Victoria rather than sending work interstate or overseas."}},"importantCases":[],"_links":{"self":"/api/acts/local-jobs-first-act-2003","history":"/api/acts/local-jobs-first-act-2003/history","analysis":"/api/acts/local-jobs-first-act-2003/analysis","conflicts":"/api/acts/local-jobs-first-act-2003/conflicts","importantCases":"/api/acts/local-jobs-first-act-2003/important-cases","documents":"/api/acts/local-jobs-first-act-2003/documents"}}