{"id":"wrongs-public-contracts-act-1981","name":"Wrongs (Public Contracts) Act 1981","slug":"wrongs-public-contracts-act-1981","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174302,"registerId":"vic-wrongs-public-contracts-act-1981-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wrongs (Public Contracts) Act 1981","content":"Version No. 005\n\n**Wrongs (Public Contracts) Act 1981**\n\n**No. 9669 of 1981**\n\nVersion incorporating amendments as at  \n1 July 2024\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Interpretations 1\n\n3 Rights to damages for breach of contract 3\n\n4 Supreme Court may grant an injunction 4\n\n5 Evidentiary and procedural provision 4\n\n6 Averments to be prima facie evidence 5\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **005**\n\n**Wrongs (Public Contracts) Act 1981**\n\n**No. 9669 of 1981**\n\nVersion incorporating amendments as at  \n1 July 2024\n\nAn Act to enable the Recovery of Loss or Damage arising out of the Breach of certain Contracts and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\n(1) This Act may be cited as the **Wrongs (Public Contracts) Act 1981**.\n\n(2) This Act shall come into operation on the day upon which it receives the Royal Assent.\n\n\t2 Interpretations\n\n(1) In this Act, unless inconsistent with the context or subject-matter—\n\n***Contract to which this Act applies*** means—\n\n(a) a contract between a Minister or public statutory body and a contractor; or\n\n(b) a contract between a contractor and sub-contractor—\n\nwhich is for or in relation to the execution of any major public works and which is declared by Order of the Governor in Council to be a contract to which this Act applies;\n\n***Contractor*** means a person who or body (whether incorporated or not) which is engaged to perform work or provide services for a Minister or public statutory body;\n\n***Sub-contractor*** means a person who or body (whether incorporated or not) which is engaged to perform work or provide services for a contractor;\n\nS. 2(1) def. of *Major public works* amended by No. 11/2024 s. 114.\n\n***Major public works*** means—\n\n(a) the scheme for the establishment of a power station at Loy Yang; or\n\n(b) any works or proposed works which are declared by a resolution of each House of the Parliament to be major public works;\n\n***Officer of an organization*** includes any person holding any office position place of authority or stewardship in or carrying out any duties for an organization under its rules or for its members or any section thereof (whether for remuneration or otherwise) and includes any person holding himself out as an officer of any organization, and includes any person holding any such office at the time a cause of action arises under this Act;\n\n***Organization*** means any body whether corporate or unincorporate and includes any branch sub-branch section or part of such an organization;\n\n***Relevant responsible body*** in relation to a contract to which this Act applies means the Minister or public statutory body which is declared by the Governor in Council to be responsible for the major public works for or in relation to which the contract is made.\n\n(2) The Governor in Council may by Order in Council published in the Government Gazette—\n\n(a) declare any Minister or public statutory body to be the responsible body in relation to any major public works specified in the Order; and\n\n(b) declare a contract which is for or in relation to the execution of any major public works to be a contract to which this Act applies.\n\n\t3 Rights to damages for breach of contract\n\nS. 3(1) amended by No. 10/2005 s. 3(Sch. 1 item 28.1).\n\n(1) Where the Crown or a relevant responsible body suffers loss or damage as a result of a breach of contract of employment by employees of a person who is engaged in carrying out a contract to which this Act applies with the relevant responsible body and that breach of contract has been induced or is deemed to have been induced by an organization or an officer of an organization the Crown or the relevant responsible body may recover from the organization and any officer of the organization which or who induced or is deemed to have induced the breach of contract the amount of the loss or damage suffered by the Crown or the relevant responsible body as a result of that breach of contract by action against the organization and any officers of the organization who induced or who are deemed to have induced the breach of contract.\n\n(2) An organization and any officers of the organization against whom action may be taken pursuant to subsection (1) shall be jointly and severally liable for the loss or damage.\n\nS. 3(3) amended by No. 10/2005 s. 3(Sch. 1 item 28.2).\n\n(3) An organization shall be deemed to have induced a breach of contract for the purposes of subsection (1) if the organization or any officer of the organization has by any act or omission induced or attempted to induce the breach of contract, or has made any threat or exhortation or exerted or attempted to exert any influence that might be likely to encourage an employee to breach a contract of employment.\n\n\t4 Supreme Court may grant an injunction\n\n(1) The Supreme Court may on application of the relevant responsible body grant an injunction restraining a person or organization from engaging in conduct that gives rise or would give rise to an action pursuant to section 3(1).\n\n(2) Where in the opinion of the Court it is desirable to do so the Court may grant an interim or interlocutory injunction pending determination of an application under subsection (1).\n\n(3) The Court may rescind or vary an injunction granted under subsection (1) or (2).\n\n\t5 Evidentiary and procedural provision\n\n(1) Where in a proceeding under this Act in respect of any conduct engaged in by an organization it is necessary to establish the intention of the organization it is sufficient to show that an officer of the organization by whom the conduct was engaged in directly or indirectly had that intention.\n\n(2) Any conduct engaged in on behalf of an organization by an officer of the organization or by any other person at the direction or with the consent or agreement (whether express or implied) of the organization or an officer of the organization shall be deemed for the purposes of this Act to have been engaged in also by the organization.\n\n(3) Any proceedings under this Act against an organization, being an unincorporate body, may be taken against any officer of the organization on behalf of the organization.\n\n\t6 Averments to be prima facie evidence\n\nFor the purposes of any claim or application arising under this Act—\n\n(a) the averment of the claimant or applicant made in writing and served on the defendant as hereinafter provided shall be prima facie evidence of the matter or matters averred;\n\n(b) paragraph (a) shall apply to any matter so averred although—\n\n(i) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or\n\n(ii) the matter averred is a mixed question of law and fact; or\n\n(iii) the matter averred is evidentiary only;\n\n(c) any evidence given by witnesses in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of such evidence shall neither be increased nor diminished by reason of this section;\n\n(d) an averment shall not be evidence for the purposes of this section unless a copy of the paper containing the averment has been served on the defendant in the same manner as the process requiring his attendance before the Court;\n\n(e) service of a copy of the document containing the averment may be proved in the same manner as service of the process commanding the defendant's attendance before the Court;\n\n(f) the Court may, if the amendments can be made without hardship or injustice to the defendant, allow such amendments to be made in the writing containing an averment as appear to be desirable or to be necessary to enable the real question in dispute to be determined;\n\n(g) if in any such case the Court considers the defendant has been misled by the form of the averment it may refuse to allow the amendments or adjourn the hearing of the case for such period as it thinks fit and make such order as to the costs of the adjournment as it thinks proper.\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\nThe **Wrongs (Public Contracts) Act 1981** was assented to on 22 December 1981 and came into operation on 22 December 1981: section 1(2).\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 **Wrongs (Public Contracts) Act 1981** by Acts and subordinate instruments.\n\n––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 2005, No. 10/2005**\n\n| Assent Date: | 27.4.05 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 28) on 28.4.05: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Wrongs (Public Contracts) Act 1981** |\n\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| --- | --- |\n| Commencement Date: | S. 114 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Wrongs (Public Contracts) Act 1981** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. It was enacted in 1981 specifically to address industrial action at the Loy Yang power station project (a major Victorian infrastructure project of that era). While the mechanism allows Parliament to declare other works as \"major public works\" by resolution, and the 2024 amendment updated the definition formatting, the scope has not expanded beyond the original intent of providing a damages remedy for breach of contract induced by unions on specific major government projects. It has not grown into a general industrial relations instrument."},"complexity_factors":["Only 6 operative sections with a narrow, specific scope","8 defined terms in section 2, but most are straightforward (contractor, sub-contractor, organization)","Some conditional logic in section 3 regarding deemed inducement of breach","Evidentiary provisions in section 6 create a rebuttable presumption mechanism but are clearly drafted","Limited cross-referencing (primarily internal to the Act)","No nested exceptions or highly conditional operational provisions","Amendments are minimal (only 2 amendment events since 1981) and do not significantly complicate the structure"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special legal pathway for the Victorian Government (the Crown) and certain public bodies to sue unions and their officials for financial losses caused by industrial action on major public construction projects.\n\n**Who it affects:**\n\n*   **The Government and public bodies** – they can use this law to recover money lost when workers breach their employment contracts due to union activity.\n*   **Unions (\"organizations\") and union officials** – they can be held personally liable for damages if they induce or encourage workers to breach their contracts on covered projects.\n*   **Contractors and subcontractors** – the law applies to contracts they have with the government for \"major public works.\"\n\n**How it works:**\n\n*   The Act applies only to specific \"major public works\" projects declared by the Governor in Council (effectively the Cabinet) or by Parliament. Originally, this was specifically the Loy Yang power station project, though Parliament can add other projects by resolution.\n*   If workers breach their employment contracts (for example, by going on strike or taking other industrial action) and a union or union official induced or encouraged this breach, the government can sue the union and its officials for the financial loss.\n*   The union is \"deemed\" (legally assumed) to have induced the breach if an official made threats, exhortations, or exerted influence likely to encourage the breach.\n*   The Supreme Court can also issue injunctions (court orders) to stop conduct that would breach the Act.\n*   There are special evidentiary rules that make it easier for the government to prove its case – written statements (\"averments\") served on the defendant count as prima facie evidence (evidence that is accepted as true unless disproven).\n\n**Why it matters:**\n\nThis is a piece of **anti-strike legislation** targeting industrial action on major government infrastructure projects. It creates a civil liability scheme that bypasses normal industrial relations processes, allowing the government to claim compensation directly from unions for losses caused by industrial disputes. It reflects a particular policy approach to managing industrial relations on critical public infrastructure."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to determine whether the scope of the Act changed from its original intent. Only version history and metadata were available in the supplied text, with no operative provisions visible. No scope change can be confirmed or denied on the available information."},"complexity_factors":["Interaction between contract law and tort law (the law of wrongs) creates layered legal analysis","Applies specifically to public/government contracts, requiring knowledge of both private law and administrative/public law","Historical legislation (1981) may have been subject to amendments or judicial interpretation over 40+ years","The relationship between this Act and the broader Wrongs Act 1958 (Vic) adds interpretive complexity","Insufficient text provided to fully assess all operative provisions and exceptions","Determining which entities qualify as 'public' bodies for the Act's purposes may require case-by-case analysis"],"plain_english_summary":"## Wrongs (Public Contracts) Act 1981\n\nThis is a Victorian Act (Act No. 9669/1981) that deals with how legal liability (responsibility for wrongdoing or loss) is handled in the context of **public contracts** — that is, contracts involving government bodies or public authorities.\n\n### What does it likely do?\nBased on its title and era, this Act modifies the general law of \"wrongs\" (legal harms, including negligence and breach of contract) as it applies when the government or a public body is a party to a contract. It may limit, clarify, or adjust the rights of private individuals or companies when they are in a contractual relationship with a government entity.\n\n### Who does it affect?\n- **Businesses and individuals** who enter into contracts with Victorian government departments or public authorities\n- **Government bodies** managing public contracts\n- **Lawyers** advising on government procurement or liability\n\n### Why does it matter?\nIf you have a contract with the Victorian Government and something goes wrong — for example, a dispute over performance, loss, or injury — this Act may affect your legal rights and remedies (options for seeking compensation or resolution). It could limit what you can claim or how you can claim it.\n\n> ⚠️ **Note:** The legislation text provided is incomplete — only version/metadata information is visible, not the actual provisions (rules) of the Act. This summary is based on the Act's title and historical context. Always read the full Act or seek legal advice for your specific situation."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s operative scope has been altered by later amendments recorded in the endnotes. The Table of Amendments shows that the definition of \"major public works\" in s.2(1) was amended (State Electricity Commission Amendment Act 2024, No. 11/2024 s.114) and that s.3 was amended by the Statute Law Revision Act 2005 (No. 10/2005). These recorded amendments change the Act’s current wording and therefore its coverage and application (see Endnotes: Table of Amendments and s.2(1), s.3)."},"complexity_factors":["Multiple specialised definitions (contract, contractor, sub-contractor, major public works, relevant responsible body) that determine whether the Act applies (s.2(1)).","Executive and parliamentary decision points that determine coverage: Governor in Council Orders and parliamentary resolutions (s.2(1)–(2)).","Deeming provisions that attribute officer conduct and intent to organisations, broadening potential liability (s.3(3); s.5(1)–(2)).","Joint and several liability and the possibility of suing officers individually or on behalf of unincorporated organisations (s.3(2); s.5(3)).","Evidentiary special rules (written averments as prima facie evidence) that change ordinary proof dynamics (s.6).","Judicial discretion over injunctions, including interim relief and variation/rescission (s.4(1)–(3)).","Amendments recorded in endnotes that affect definitions and Section 3, requiring attention to version history (Endnotes: Table of Amendments)."],"plain_english_summary":"### What this law does, in plain English\n\n- Mechanic: The Act lets the Crown (or a responsible public body) recover money and seek court orders when employees working on certain \"major public works\" breach their employment contracts and those breaches were induced by an organisation or an officer of an organisation. (See s.3(1).)\n\n- Who it applies to: The Act applies only to contracts declared to be within its scope. Those are contracts between a Minister or public statutory body and a contractor, or between a contractor and a sub-contractor, which relate to the execution of any \"major public works\" and are declared by Order of the Governor in Council to be covered by the Act. The Governor in Council may also declare which Minister or public statutory body is the \"relevant responsible body\" for particular works. (See s.2(1) and s.2(2).)\n\n- Remedies and legal effects:\n  - Monetary recovery: The Crown or the relevant responsible body may sue the organisation and any officer who induced (or is deemed to have induced) the breach and recover the amount of loss or damage suffered. Organisations and officers are jointly and severally liable. (See s.3(1)–(2).)\n  - Deeming of inducement: An organisation is treated as having induced a breach if the organisation or any officer has by act or omission induced or attempted to induce the breach, or made threats, exhortations or exerted influence likely to encourage breach. (See s.3(3).)\n  - Injunctions: The Supreme Court can grant injunctions to restrain conduct that would give rise to a recovery action, including interim injunctions, and may vary or rescind such orders. (See s.4(1)–(3).)\n  - Evidence and procedure: The Act contains rules easing proof of an organisation's intent by attributing an officer's intention to the organisation (s.5(1)), treating acts done at an organisation's direction or with its consent as acts of the organisation (s.5(2)), and allowing proceedings against officers to represent unincorporated organisations (s.5(3)). It also makes written averments served on a defendant prima facie evidence of the matters averred (s.6), subject to limitations and court supervision.\n\n### Official stated purpose and how it works mechanically\n\n- Stated purpose: The Act is \"to enable the recovery of loss or damage arising out of the breach of certain contracts\" (long title). This is implemented by (a) creating a right for the Crown/relevant responsible body to recover losses from organisations or officers who induce employee breaches (s.3), (b) permitting injunctive relief to stop such conduct (s.4), and (c) altering evidentiary and procedural rules to facilitate enforcement (ss.5–6).\n\n### Who pays, who decides, and what behaviour the law changes (source-cited)\n\n- Who pays: Organisations and any officers who induced (or are deemed to have induced) breaches are liable to pay damages for loss or damage suffered by the Crown or the relevant responsible body; liability is joint and several. (s.3(1)–(2)).\n\n- Who decides coverage: The Governor in Council decides, by Order published in the Government Gazette, which contracts and which public body are covered by the Act for particular major public works (s.2(2)). A resolution of each House of Parliament can declare works to be \"major public works\" (definition in s.2(1)).\n\n- Who enforces and intervenes: The Crown or the relevant responsible body sues; the Supreme Court grants or refuses injunctions and controls interim relief (s.4).\n\n- Behaviour changes the law targets: Organisations and their officers are placed at legal risk if they induce or attempt to induce employees to breach employment contracts connected to declared public works (s.3(3)). Organisations must control officers and agents, because acts done at an officer's direction or with the organisation's consent are treated as acts of the organisation (s.5(2)).\n\n### Costs, incentives, trade-offs and implementation issues (source-cited)\n\n- Compliance burden on organisations: To avoid liability, organisations need systems to prevent officers or members from inducing breaches and to supervise agents, because the Act treats officer conduct as organisation conduct (s.5(1)–(2)) and deems inducement broadly (s.3(3)). This creates monitoring and potential legal costs.\n\n- Concentrated benefits and diffuse costs: The immediate financial benefit of recovery accrues to the Crown or the named responsible body (s.3(1)). Potential costs — legal exposure, reputational impact and compliance costs — fall on organisations and officers who may be numerous. The instrument thus concentrates recovery rights with public actors while imposing legal risk on private organisations (s.3(1)–(2); s.2).\n\n- Bureaucratic and executive discretion: The Governor in Council (executive) has authority to declare which contracts and bodies are covered (s.2(2)). Parliament may declare works to be \"major public works\" (s.2(1) definition). Those decision points create administrative discretion over scope, which affects who faces the Act's rules.\n\n- Litigation and evidentiary asymmetry: The Act makes written averments by the claimant prima facie evidence (s.6(a)–(b)), and attributes officer intent to organisations (s.5(1)), which may lower the Crown's factual burden in early stages. The Court retains power to assess evidence, adjust averments and manage unfairness (s.6(c), (f)–(g)).\n\n- Enforcement trade-off: The availability of injunctions (including interim relief) gives courts a preventive tool (s.4(1)–(2)) but also imposes the usual judicial balancing of hardship and justice when temporary restraints are sought. The Act lets courts rescind or vary injunctions (s.4(3)).\n\n- Risk of broader liability by deeming rules: The Act’s deeming language extends organisational liability to acts by officers or persons acting at their direction or with their consent (s.5(2)), and defines inducement to include attempts, threats and exertions of influence (s.3(3)). That raises the risk that a wide range of conduct could trigger liability.\n\n### Implementation and operational points to watch (source-cited)\n\n- Which works and contracts are covered depends on executive and parliamentary declarations (s.2(1)–(2)).\n- Officers can be sued individually and organisations are jointly and severally liable (s.3(1)–(2)); proceedings against unincorporated organisations may be taken against officers on the organisation's behalf (s.5(3)).\n- Claimants’ written averments have special evidentiary status but are subject to court oversight and the right of defendants to rebut evidence (s.6(a)–(g); s.6(c)).\n\n### Notation on amendments\n\n- The Act text notes that the definition of \"major public works\" in s.2(1) was amended by an Act cited in the endnotes and that s.3 was amended by a statute law revision (see Table of Amendments and endnotes). These amendments alter the Act's current wording and therefore its operative scope (Endnotes: Table of Amendments)."}},"importantCases":[],"_links":{"self":"/api/acts/wrongs-public-contracts-act-1981","history":"/api/acts/wrongs-public-contracts-act-1981/history","analysis":"/api/acts/wrongs-public-contracts-act-1981/analysis","conflicts":"/api/acts/wrongs-public-contracts-act-1981/conflicts","importantCases":"/api/acts/wrongs-public-contracts-act-1981/important-cases","documents":"/api/acts/wrongs-public-contracts-act-1981/documents"}}