{"id":"western-australian-jobs-act-2017","name":"Western Australian Jobs Act 2017","slug":"western-australian-jobs-act-2017","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111141,"registerId":"wa-western-australian-jobs-act-2017-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Western Australian Jobs Act 2017","content":"![Crest]()Western Australia\n\nWestern Australian Jobs Act 2017\n\nWestern Australia\n\nWestern Australian Jobs Act 2017\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Act binds Crown 4\n\nPart 2 — Western Australian Industry Participation Strategy\n\n5. Western Australian Industry Participation Strategy 5\n\n6. WAIPS provisions 5\n\n7. WAIPS objectives 5\n\n8. WAIPS principles 6\n\n9. WAIPS to be consistent with other requirements 6\n\n10. WAIPS to be publicly available 6\n\nPart 3 — Participation plans\n\n11. Participation plan 7\n\n12. Procurement agency to require participation plan 7\n\n13. Participation plan to be considered in procurement process 7\n\n14. Participation plan commitments to be incorporated in supply contract 8\n\n15. Exemption from s. 12(1) 8\n\n16. Delegation 8\n\nPart 4 — Strategic projects\n\n17. Determination of strategic project 10\n\n18. Consultation 10\n\nPart 5 — Reporting\n\n19. Minister to report on implementation of Act and WAIPS 12\n\n20. Agencies to provide information to Minister 12\n\n21. Laying report before House of Parliament when House not sitting 12\n\nPart 6 — Miscellaneous\n\n22. Obligation imposed on department 14\n\n23. Obligation imposed under Act overrides other obligations 14\n\n24. Effect of contravention of Act or WAIPS 14\n\n25. Regulations 14\n\n26. Review of Act 14\n\nNotes\n\nCompilation table 16\n\nDefined terms\n\n  \n\nWestern Australia\n\nWestern Australian Jobs Act 2017\n\nAn Act to provide for —\n\n- the Western Australian Industry Participation Strategy; and\n- participation plans in connection with the supply of goods or services to or for certain agencies or the State; and\n- the determination of strategic projects; and\n- related matters.\n\n\nThe Parliament of Western Australia enacts as follows:\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Western Australian Jobs Act 2017*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) Part 1 other than sections 3 and 4 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\n(1) In this Act, unless the contrary intention appears —\n\nagency means any of the following —\n\n(a) an agency as defined in the *Financial Management Act 2006* section 3 other than a university listed in Schedule 1 to that Act;\n\n(b) a government trading entity;\n\n(c) a person or body, or a person or body of a class, prescribed for the purposes of this paragraph;\n\nDepartment means the department of the Public Service principally assisting the Minister in the administration of this Act;\n\ngoods or services includes, without limitation, the following —\n\n(a) goods, services or works as defined in the *Procurement Act 2020* section 4(1);\n\n(b) things of a kind prescribed to be goods or services for the purposes of this paragraph;\n\ngovernment trading entity means any of the following —\n\n(a) a body established by the *Electricity Corporations Act 2005* section 4(1);\n\n(aa) Keystart established under the *Keystart Act 2024* section 6;\n\n(b) a port authority established by the *Port Authorities Act 1999* section 4(1);\n\n(c) a body established by or under the *Water Corporations Act 1995* section 4;\n\n(d) the body established by the *Western Australian Land Authority Act 1992* section 5(1);\n\n(e) a subsidiary of a body referred to in paragraph (a), (aa), (b), (c) or (d);\n\nlocal industry means suppliers of goods produced, or services provided, in Western Australia, another State, a Territory or New Zealand;\n\nMinister responsible, for a procurement agency, means —\n\n(a) in the case of a public sector body as defined in the *Public Sector Management Act 1994* section 3(1) — the Minister to whom the administration of the procurement agency is for the time being committed by the Governor;\n\n(b) in any other case — the Minister responsible for the administration of the Act that establishes or continues the procurement agency;\n\noffer to supply means a bid, tender or other offer to supply goods or services;\n\nparticipation plan has the meaning given in section 11(1);\n\nprescribed means prescribed by the regulations;\n\nprocurement agency, in relation to a WAIPS supply, means the agency responsible for conducting the procurement process for the WAIPS supply;\n\nprocurement decision means a decision made in the course of, or as a result of, a procurement process;\n\nprocurement process means a process to procure a supply;\n\nprospective supplier, in relation to a WAIPS supply, means a person or body that makes an offer to supply in the course of the procurement process for the WAIPS supply;\n\nsmall or medium enterprise means a business or undertaking that has less than 200 full‑time equivalent employees;\n\nsupply means a supply of goods or services to or for an agency or the State;\n\nsupply contract means a contract or other agreement for a supply;\n\nWAIPS means the Western Australian Industry Participation Strategy under section 5, as in force from time to time;\n\nWAIPS supply means a supply that meets the criteria prescribed for the purposes of section 5(1).\n\n(2) A reference in this Act to goods or services includes a reference to goods and services.\n\n[Section 3 amended: No. 24 of 2020 s. 72; No. 44 of 2024 s. 74.]\n\n##### 4. Act binds Crown\n\nThis Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n## Part 2 — Western Australian Industry Participation Strategy\n\n##### 5. Western Australian Industry Participation Strategy\n\n(1) The Minister must develop and implement a written strategy about the participation by local industry in activities for or in connection with a supply that meets the criteria prescribed for the purposes of this subsection.\n\n(2) The strategy is to be called the Western Australian Industry Participation Strategy.\n\n(3) The Minister may, from time to time, amend or replace the strategy.\n\n(4) The strategy is not subsidiary legislation for the purposes of the *Interpretation Act 1984*.\n\n##### 6. WAIPS provisions\n\nWithout limiting section 5, the WAIPS may include the following —\n\n(a) different provisions for different classes of supply, participation plan or supply contract;\n\n(b) guidelines as to its application and procedures to be followed in complying with it.\n\n##### 7. WAIPS objectives\n\nIn developing, amending or replacing the WAIPS, the Minister must have regard to the following objectives —\n\n(a) promoting the diversification and growth of the Western Australian economy by targeting supply opportunities for local industry;\n\n(b) providing suppliers of goods or services with increased access to, and raised awareness of, local industry capability;\n\n(c) encouraging local industry to adopt, where appropriate, world’s best practice in workplace innovation and the use of new technologies and materials;\n\n(d) promoting increased apprenticeship, training and job opportunities in Western Australia;\n\n(e) promoting increased opportunities for local industry to develop import replacement capacity by giving local industry, in particular small or medium enterprises, a full, fair and reasonable opportunity to compete against foreign suppliers of goods or services.\n\n##### 8. WAIPS principles\n\nThe WAIPS must take into account and be consistent with the following principles —\n\n(a) the need to achieve value for money, as the primary consideration, when making procurement decisions;\n\n(b) the need to ensure probity and accountability for procurement processes and procurement decisions.\n\n##### 9. WAIPS to be consistent with other requirements\n\nThe WAIPS must be consistent with the following —\n\n(a) the *Procurement Act 2020* and procurement directions under that Act;\n\n(b) any other written law that relates to the procurement of goods or services by agencies;\n\n(c) section 92 of the Constitution of the Commonwealth.\n\n[Section 9 amended: No. 24 of 2020 s. 73.]\n\n##### 10. WAIPS to be publicly available\n\nThe Minister must cause the WAIPS to be published on a website maintained by or on behalf of the Department.\n\n## Part 3 — Participation plans\n\n##### 11. Participation plan\n\n(1) A participation plan is a written statement that outlines, in accordance with the WAIPS, the commitments of a prospective supplier in relation to the participation by local industry, in particular small or medium enterprises, in activities for or in connection with a WAIPS supply.\n\n(2) Without limiting subsection (1), if a determination is made under section 17 in respect of a WAIPS supply, the commitments outlined in a participation plan for the WAIPS supply must address the matters specified in the determination.\n\n(3) A participation plan can be a part of a document or a separate document.\n\n##### 12. Procurement agency to require participation plan\n\n(1) The procurement agency for a WAIPS supply must require each prospective supplier to submit a participation plan in the course of the procurement process for the WAIPS supply.\n\n(2) The regulations may provide that the obligation in subsection (1) does not apply to a procurement agency —\n\n(a) in relation to a WAIPS supply of a prescribed class; or\n\n(b) in prescribed circumstances.\n\n##### 13. Participation plan to be considered in procurement process\n\n(1) The procurement agency for a WAIPS supply must assess and consider the participation plan submitted by a prospective supplier when evaluating the offer to supply made by the prospective supplier.\n\n(2) The assessment and consideration of the participation plan must be carried out in accordance with the WAIPS.\n\n##### 14. Participation plan commitments to be incorporated in supply contract\n\nThe procurement agency for a WAIPS supply must ensure that a supply contract entered into with a prospective supplier in relation to the WAIPS supply —\n\n(a) incorporates, to the extent required by the WAIPS, the commitments outlined in the participation plan of the prospective supplier; and\n\n(b) includes a requirement for reports to be given to the procurement agency, in accordance with the WAIPS, on the extent to which those incorporated commitments are being, or have been, met.\n\n##### 15. Exemption from s. 12(1)\n\n(1) The Minister may, in writing given to the procurement agency for a WAIPS supply, exempt the procurement agency from the obligation in section 12(1).\n\n(2) The Minister may, in writing given to the procurement agency for a WAIPS supply, amend or revoke an exemption.\n\n(3) The procurement agency for a WAIPS supply must publish on a website maintained by or on behalf of the agency —\n\n(a) notice of an exemption given to the agency; and\n\n(b) if the exemption is amended or revoked, notice of the amendment or revocation.\n\n##### 16. Delegation\n\n(1) The Minister may delegate the powers in section 15(1) and (2) to the chief executive officer of the Department.\n\n(2) A delegation must be in writing signed by the Minister.\n\n(3) A delegation may authorise the chief executive officer of the Department to further delegate the powers to another officer of the Department in accordance with any conditions specified in the delegation.\n\n(4) A person exercising a power that has been delegated to the person under, or as authorised under, this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.\n\n## Part 4 — Strategic projects\n\n##### 17. Determination of strategic project\n\n(1) If the Minister considers that a WAIPS supply is of strategic significance to the Western Australian economy, the Minister may, in writing given to the procurement agency for the WAIPS supply, determine —\n\n(a) that the WAIPS supply is a strategic project; and\n\n(b) that the participation plans required by the procurement agency in respect of the WAIPS supply are to outline commitments addressing matters specified in the determination.\n\n(2) The Minister must not make a determination in respect of a WAIPS supply unless the WAIPS supply meets the criteria prescribed for the purposes of this subsection.\n\n(3) The Minister may, in writing given to the procurement agency for a WAIPS supply, amend or revoke a determination.\n\n(4) The procurement agency for a WAIPS supply must publish on a website maintained by or on behalf of the agency —\n\n(a) notice of a determination given to the agency; and\n\n(b) if the determination is amended or revoked, notice of the amendment or revocation.\n\n##### 18. Consultation\n\n(1) Subsection (2) applies if —\n\n(a) the Minister proposes to make, amend or revoke a determination under section 17; and\n\n(b) the Minister is not the Minister responsible for the procurement agency for the WAIPS supply to which the determination relates.\n\n(2) The Minister must consult with the Minister responsible for the procurement agency for the WAIPS supply before making, amending or revoking the determination.\n\n## Part 5 — Reporting\n\n##### 19. Minister to report on implementation of Act and WAIPS\n\n(1) After the end of each financial year the Minister must prepare a report on the implementation of this Act and the WAIPS in the financial year.\n\n(2) The Minister must cause the report to be laid before each House of Parliament, or dealt with under section 21, before 30 November next following the end of the financial year to which the report relates.\n\n##### 20. Agencies to provide information to Minister\n\n(1) An agency must, on request, give the Minister any information the Minister requires for the purposes of preparing a report under section 19(1).\n\n(2) When giving information to the Minister under subsection (1) an agency may —\n\n(a) identify information that the agency considers should not be included in the report because of its confidential or commercially sensitive nature; and\n\n(b) request that the identified information not be included in the report.\n\n(3) The Minister may, but is not required to, comply with a request under subsection (2)(b).\n\n##### 21. Laying report before House of Parliament when House not sitting\n\n(1) This section applies if when the Minister is ready to lay a report prepared under section 19(1) before a House of Parliament —\n\n(a) the House is not sitting; and\n\n(b) the Minister is of the opinion that the House will not sit before the day referred to in section 19(2).\n\n(2) The Minister must transmit a copy of the report to the Clerk of the House.\n\n(3) A copy of the report transmitted to the Clerk of the House is taken to have been laid before the House.\n\n(4) The laying of a copy of the report that is taken to have occurred under subsection (3) must be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the receipt of the copy by the Clerk.\n\n## Part 6 — Miscellaneous\n\n##### 22. Obligation imposed on department\n\nTo the extent that this Act imposes an obligation on an agency that is a department of the Public Service, the obligation is imposed on the chief executive officer of the department.\n\n##### 23. Obligation imposed under Act overrides other obligations\n\nIf an obligation imposed on an agency under this Act conflicts or is inconsistent with an obligation imposed on the agency under the Act that establishes or continues the agency, the obligation imposed under this Act prevails to the extent to which the obligations conflict or are inconsistent.\n\n##### 24. Effect of contravention of Act or WAIPS\n\n(1) No civil or criminal liability attaches to an agency or any other person only because the agency or other person has contravened this Act or the WAIPS.\n\n(2) A procurement decision made, or supply contract entered into, in respect of a WAIPS supply is not invalid only because an agency or any other person has contravened this Act or the WAIPS in relation to the WAIPS supply.\n\n##### 25. Regulations\n\nThe Governor may make regulations prescribing matters —\n\n(a) required or permitted by this Act to be prescribed; or\n\n(b) necessary or convenient to be prescribed for giving effect to this Act.\n\n##### 26. Review of Act\n\n(1) The Minister must carry out a review of the operation and effectiveness of this Act before the 5th anniversary of the day on which this section comes into operation.\n\n(2) The Minister must prepare a report based on the review and, as soon as is practicable after the report is prepared, cause it to be laid before each House of Parliament.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Western Australian Jobs Act 2017* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Western Australian Jobs Act 2017* | 18 of 2017 | 13 Dec 2017 | s. 1 and 2: 13 Dec 2017 (see s. 2(a));   Act other than s. 1 and 2: 1 Oct 2018 (see s. 2(b) and *Gazette* 25 Sep 2018 p. 3555) |\n| *Procurement Act 2020* Pt. 10 Div. 7 | 24 of 2020 | 19 Jun 2020 | 1 Jun 2021 (see s. 2(b) and SL 2020/244 cl. 2(c)) |\n| *Keystart Act 2024* Pt. 8 Div. 8 | 44 of 2024 | 13 Nov 2024 | 1 Jul 2025 (see s. 2(c) and SL 2025/87 cl. 2(a)(iv)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nagency 3(1)\n\nDepartment 3(1)\n\ngoods or services 3(1)\n\ngovernment trading entity 3(1)\n\nlocal industry 3(1)\n\nMinister responsible 3(1)\n\noffer to supply 3(1)\n\nparticipation plan 3(1), 11(1)\n\nprescribed 3(1)\n\nprocurement agency 3(1)\n\nprocurement decision 3(1)\n\nprocurement process 3(1)\n\nprospective supplier 3(1)\n\nsmall or medium enterprise 3(1)\n\nsupply 3(1)\n\nsupply contract 3(1)\n\nWAIPS 3(1)\n\nWAIPS supply 3(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of creating a local industry participation framework for government procurement. The amendments shown in the compilation table (Procurement Act 2020 and Keystart Act 2024) are technical updates to cross-references and entity listings rather than substantive expansions of scope. The Act has not grown beyond its original intent of establishing the WAIPS, participation plans, and strategic project mechanisms."},"complexity_factors":["Moderate length (26 sections) with straightforward structure across 6 Parts","15 defined terms in section 3, including nested definitions (e.g., 'agency' excludes universities but includes prescribed bodies; 'government trading entity' lists specific statutory bodies)","Cross-references to external legislation: Financial Management Act 2006, Procurement Act 2020, Public Sector Management Act 1994, Electricity Corporations Act 2005, Port Authorities Act 1999, Water Corporations Act 1995, Western Australian Land Authority Act 1992, Keystart Act 2024, and Commonwealth Constitution s. 92","Conditional obligations: Section 12(1) obligation to require participation plans is subject to regulations that may create exemptions (s. 12(2)), plus Ministerial exemption power (s. 15)","Delegated legislation dependencies: Many operational details left to regulations (e.g., criteria for WAIPS supplies, prescribed classes of supply, circumstances for exemptions)","Nested administrative processes: Strategic project determinations (Part 4) involve consultation requirements between Ministers when different portfolios involved (s. 18)","Non-standard legislative technique: WAIPS is explicitly declared 'not subsidiary legislation' (s. 5(4)), which affects how it can be challenged or interpreted","Override clause: Section 23 creates a hierarchy where this Act prevails over conflicting obligations in agency establishing Acts"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system to ensure Western Australian businesses get a fair go when government agencies buy goods and services. It requires the Minister to develop a **Western Australian Industry Participation Strategy (WAIPS)** — essentially a rulebook about how government purchasing should support local jobs and businesses.\n\n**Key parts:**\n\n- **The Strategy (WAIPS):** The Minister must write and publish a strategy promoting local industry participation in government contracts. It must aim to grow the WA economy, support apprenticeships, and give small and medium businesses (under 200 employees) a fair chance to compete against overseas suppliers. However, \"value for money\" remains the top priority.\n\n- **Participation Plans:** When government agencies run big procurement processes (buying goods/services), they must require bidders to submit a \"participation plan\" explaining how they'll involve local businesses — especially small ones. These commitments become legally binding in the final contract, and agencies must check that suppliers actually deliver on their promises.\n\n- **Strategic Projects:** The Minister can designate certain high-value or economically significant projects as \"strategic,\" requiring extra detailed commitments from bidders about local content.\n\n- **Reporting:** The Minister must report annually to Parliament on how the system is working.\n\n**Who it affects:**\n- **Government agencies** — must follow the WAIPS and require participation plans\n- **Businesses bidding for government work** — must submit plans showing how they'll use local suppliers\n- **Local WA businesses** — get preferential consideration in government procurement\n\n**Why it matters:**\nThis is WA's \"buy local\" law. It tries to ensure that when the government spends taxpayer money, some of it flows back into the local economy through local jobs, apprenticeships, and business opportunities — while still respecting that the government must get value for money and comply with free trade rules (Constitution section 92)."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The core purpose — promote local industry participation in certain government-related procurements via a published strategy and participation plans — remains unchanged. Subsequent amendments reflected in the current text mostly clarify definitions and align the Act with later procurement and sector laws (for example, references to the Procurement Act 2020 and the addition of Keystart in the government trading entity definition). Those amendments adjust coverage and interaction with other laws but do not materially expand the Act beyond its original policy scope."},"complexity_factors":["Multiple defined terms in s.3 (approx. 18 primary definitions including cross-references to other Acts)","Cross-references to other legislation (Financial Management Act 2006, Procurement Act 2020, various sector Acts, and s.92 of the Commonwealth Constitution)","Discretionary ministerial powers with delegation (ss.15–16, 17) creating conditional branches","Prescriptive–non-prescriptive split: many operational details left to WAIPS itself and to regulations (s.6, s.25)","Conditional exemptions and exceptions (regulations can exempt certain classes; Minister may exempt agencies) (s.12(2), s.15)","Reporting and information flows across agencies and Parliament (ss.19–21) increasing administrative steps","Non-enforcement clause limiting legal remedies for contraventions (s.24) creates interpretive complexity about practical effect","Incorporation of participation-plan commitments into contracts (s.14) requires cross-referencing between procurement evaluation and contract law","Requirement that WAIPS be consistent with Procurement Act 2020 imposes secondary layer of rules to follow (s.9)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Requires the State to have a written Western Australian Industry Participation Strategy (WAIPS) that explains how local industry should be given opportunities in certain government-related supplies (s.5).\n- Requires the procurement agency running a covered procurement (a \"WAIPS supply\") to ask each bidder to submit a \"participation plan\" describing commitments to use local industry, particularly small and medium enterprises (SMEs) (ss.11–12).\n- Makes those participation-plan commitments part of the resulting contract to the extent the WAIPS requires, and requires reporting on whether the commitments are met (s.14).\n- Gives the Minister power to exempt a procurement agency from the obligation to require participation plans (s.15) and to declare particular WAIPS supplies to be \"strategic projects\" that must have participation plans addressing specified matters (s.17). The Minister can amend or revoke those exemptions or determinations and may delegate the power (ss.15–16, 17).\n- Requires the WAIPS to be public and consistent with other procurement law and the Constitution (ss.9–10), and requires annual reporting to Parliament on how the Act and the WAIPS were implemented (ss.19–21).\n- Provides that breaches of the Act or the WAIPS do not by themselves create civil or criminal liability and do not automatically invalidate procurement decisions or contracts (s.24).\n\n**Who this affects\n\n- Procurement agencies (state departments, government trading entities and other prescribed bodies) that run procurements meeting the WAIPS criteria (defined in s.3). These agencies must obtain, assess and, where required, incorporate participation-plan commitments into contracts (ss.11–14).\n- Prospective suppliers (bidders/tenderers) for WAIPS supplies, who must prepare participation plans and then meet any contractual commitments they make (ss.11–14).\n- Small and medium enterprises (SMEs) and other local industry actors targeted by the policy: the WAIPS and participation plans are explicitly framed to increase opportunities for them (s.11; objectives at s.7).\n- The Minister and the Department that administer the Act: they prepare and publish the WAIPS, may grant exemptions or make strategic-project determinations, and must report annually (ss.5, 10, 15–17, 19).\n\n**Why it matters (official purpose, stated and operational consequences)\n\n- The Act’s stated purposes include promoting local industry participation, boosting apprenticeships/training, encouraging adoption of best practice and helping SMEs compete (s.7). Those are the policy goals the WAIPS must have regard to.\n- Mechanically, the Act inserts local-participation requirements into procurement processes by making participation plans a formal part of tendering and, where the WAIPS requires, contract terms (ss.11–14). That changes the information bidders must supply, what procurement agencies evaluate, and what contractors must report on after award.\n\n**Testing the stated purposes against costs, incentives and implementation mechanics (practical effects)\n\n- Who pays and who decides: Procurement agencies and bidders bear the direct cost of preparing, assessing and reporting participation plans (ss.11–14). The Minister and the Department decide the WAIPS content, exemptions and strategic-project designations (ss.5, 15, 17).\n- Compliance burden: Bidders (including SMEs) must prepare plans; agencies must assess them. That imposes time and administrative costs (ss.11–13). The Act allows regulations to narrow the obligation for certain classes or circumstances (s.12(2)), which can moderate burden.\n- Effect on competition and private choice: The WAIPS is expressly required to treat value for money as the primary procurement consideration (s.8(a)). Still, the Act channels procurement evaluation toward local participation by making participation plans a formal evaluation input and, where required by the WAIPS, contract obligations (ss.13–14). That can advantage local suppliers in practice, while foreign suppliers remain legally eligible subject to constitutional limits (s.9(c) refers to s.92 of the Commonwealth Constitution).\n- Enforcement and incentives: The Act does not make contravention by itself a ground for civil or criminal liability nor does it automatically void procurement decisions or contracts (s.24). That reduces legal risk for agencies and contractors but weakens enforcement incentives compared with penalties or invalidation. Practical enforcement therefore depends on contractually included reporting and any remedies the contract or agency policy creates (s.14).\n- Bureaucratic discretion and concentrated benefits: The Minister has broad written‑notice powers to exempt agencies and to declare strategic projects with bespoke participation-plan contents (ss.15, 17). Those powers concentrate discretionary decision-making at ministerial level and may create focal points for stakeholders seeking favourable treatment (e.g. exemptions or strategic designation). The Act requires publication of exemptions and determinations (ss.15(3), 17(4)), which increases transparency but does not eliminate discretion.\n- Interaction with other procurement law: The WAIPS must be consistent with the Procurement Act 2020 and other procurement laws (s.9). That means the WAIPS operates within an existing procurement framework; practical effect depends on how those instruments are harmonised in guidance and directions.\n- Opportunity costs and substitution effects: Where procurement outcomes are steered to increase local participation, there is a trade-off between supporting local industry and the possibly higher procurement cost or narrower supplier pool. The Act mandates that value for money remains the primary consideration (s.8(a)), leaving the procurement agency to weigh those trade-offs in each procurement.\n- Implementation risk: Successful effect depends on how detailed the WAIPS is, how agencies apply it in evaluation scoring, and whether contractual reporting is actively monitored. The Act leaves much of the detail to the WAIPS (s.6) and to agency practice.\n\n**Key sections to note for implementation**\n- Definition of who and what is covered (s.3) — defines \"agency\", \"WAIPS supply\", \"local industry\", \"procurement agency\", \"SME\", etc.\n- Minister’s duty to create WAIPS and publish it (ss.5, 10).\n- Mandatory participation plans and evaluation/incorporation mechanics (ss.11–14).\n- Ministerial exemptions and strategic-project determinations, and delegation (ss.15–17).\n- Non-invalidity and no automatic liability for contraventions (s.24).\n- Annual reporting and agency information obligations (ss.19–21).\n\n(References: sections cited are to the Western Australian Jobs Act 2017.)"},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available in the provided source. No comparison between original and current intent can be made."},"complexity_factors":["Unable to assess actual legislative text — source page returned a 404-style error","Based on background knowledge: involves interaction between procurement law, industry policy, and administrative frameworks","Multiple defined thresholds likely triggering different obligations","Involves multiple government bodies and reporting requirements","Compliance obligations span both public sector agencies and private sector contractors"],"plain_english_summary":"The Western Australian Jobs Act 2017 requires businesses seeking major WA government contracts to explain how they will support local jobs and industry. It set up the Western Australian Jobs Board to oversee those obligations and requires submission of Western Australian Industry Participation Plans showing use of WA workers and suppliers.\n\nThis affects companies bidding on government work, the agencies running procurements, and WA workers and suppliers who may gain from prioritised local content. It matters because it embeds local employment and industry participation into public contracting."}},"importantCases":[],"_links":{"self":"/api/acts/western-australian-jobs-act-2017","history":"/api/acts/western-australian-jobs-act-2017/history","analysis":"/api/acts/western-australian-jobs-act-2017/analysis","conflicts":"/api/acts/western-australian-jobs-act-2017/conflicts","importantCases":"/api/acts/western-australian-jobs-act-2017/important-cases","documents":"/api/acts/western-australian-jobs-act-2017/documents"}}