Infrastructure Western Australia Act 2019

This Act creates Infrastructure WA, a new statutory body whose explicit purpose is to provide infrastructure advice and co‑ordination functions to the Western Australian Government (ss 5-8). Mechanically, the Act:

Establishes Infrastructure WA as a body corporate, with perpetual succession, a common seal and the capacity to sue and be sued (s 5). It also declares Infrastructure WA to be an agent of the Crown with the status, immunity and privileges of the Crown (s 6).
Prescribes Infrastructure WA’s principal objects to advise government on infrastructure, enhance planning and coordination, and promote use of analysis and information to support decision making (s 7).
Confers a broad set of functions, including preparing State Infrastructure Strategies, assessing major infrastructure proposals, advising State agencies and the Premier, coordinating input to the Commonwealth Infrastructure Australia, monitoring strategy implementation, and making reports and advice publicly available where appropriate (s 8, s 9, s 24).
Requires Infrastructure WA to prepare a draft and consult publicly before submitting a State Infrastructure Strategy to the Premier; sets content and timing rules for strategies (at least 20 years horizon, priorities, funding options and relative priorities) and requires the Premier to accept or return and to table the strategy in Parliament (ss 13-16).
Requires the Premier, in consultation with the Treasurer, to publish annual State Infrastructure Programmes covering 10 years and to take Infrastructure WA’s recommendations into account (s 18).
Requires State agencies to submit major infrastructure proposals to Infrastructure WA for assessment before an investment decision (major proposal defined in s 3), and requires Infrastructure WA to assess them against its guidelines and report to the Premier (ss 19-21). Infrastructure WA can exempt proposals and regulations may set defaults and negotiated timeframes (s 19(7); s 20; s 72(2)(b)).

CrestWestern Australia

Western Australia

Infrastructure Western Australia Act 2019

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Act binds Crown 5

Part 2 — Infrastructure WA

Infrastructure WA established 6
Agent of Crown 6
Principal objects 6
Functions 6
Advice and reports may be made publicly available 9
Annual work programme 9
Powers 9
Delegation 10

Part 3 — Infrastructure strategy and planning

Division 1 — State Infrastructure Strategy

Preparation and submission to Premier 11
Content and preparation 11
Acceptance, tabling and publication 12
Government response 13
Amendment 14

Division 2 — State Infrastructure Programmes

State Infrastructure Programmes 14

Division 3 — Major infrastructure proposals

Infrastructure WA to assess major infrastructure proposals prior to investment decision 15
Timing of assessment of major infrastructure proposals 16
Guidelines and summary reports 16

Division 4 — Obligations of State agencies

State agencies to provide information to Infrastructure WA 17
Obligations of State agencies 18

Division 5 — Implementation of State Infrastructure Strategy

Report on implementation of State Infrastructure Strategy 19

Part 4 — Governance and administration

Division 1 — The Board

Subdivision 1 — Board constituted

Board is governing body of Infrastructure WA 20
Board membership 20
Chairperson and deputy chairperson 21
Terms and conditions of appointment 21
Remuneration and expenses 22
Casual vacancies 22
Extension of term of office 23
Leave of absence 24
Alternate members 24

Subdivision 2 — Board procedures

Holding meetings 25
Quorum 25
Balance of members at meetings 25
Presiding members 25
Procedure at meetings 26
Holding meetings remotely 26
Voting 26
Resolution without meeting 26
Minutes to be kept 26
Committees 27

Subdivision 3 — Disclosure of interests

Financial interest in a matter 27
Disclosure of material personal interests 27
Participation by interested members 28
Section 46 may be declared inapplicable 29
Quorum where section 46 applies 29

Division 2 — Staff

Subdivision 1 — CEO

CEO 30
Appointment of CEO 30
Terms and conditions of appointment 31
Remuneration 31
Casual vacancies 32
Disclosure of material personal interests 33
Entitlements of public service officer as CEO 33
No outside employment 34
Acting CEO 34

Subdivision 2 — Other staff

Other staff 35
Use of government staff and facilities 35

Division 3 — Accountability and financial provisions

Premier may give directions 35
Premier to have access to information 36
Application of Financial Management Act 2006 and Auditor General Act 2006 37
Infrastructure WA’s funds 37
Protection for disclosure or compliance with directions 37

Part 5 — General

Division 1 — Protection of information

Confidentiality 38
Authorised use or disclosure of information 38
Restrictions on disclosure of sensitive information 39

Division 2 — Miscellaneous

Execution of documents 40
Protection from liability for wrongdoing 41
Making certain things publicly available 41
Laying documents before Parliament not sitting 42
Regulations 42
Review of Act 43

Part 6 — Consequential amendments to other Acts

Constitution Acts Amendment Act 1899 amended 44
Financial Management Act 2006 amended 44
Planning and Development Act 2005 amended 44
Public Sector Management Act 1994 amended 44

Notes

Compilation table 45

Defined terms

Western Australia

Infrastructure Western Australia Act 2019

An Act —

to establish Infrastructure WA for the principal purpose of providing advice and assistance to the Government on matters relating to infrastructure; and
to amend certain other Acts consequentially; and
for related purposes.

Part 1 — Preliminary

1. Short title

This is the Infrastructure Western Australia Act 2019.

2. Commencement

This Act comes into operation as follows —

(a) Part 1 — on the day on which this Act receives the Royal Assent (assent day);

(b) section 8(1)(b) and Part 3 Divisions 2 and 3 — on a day fixed by proclamation, and different days may be fixed for different provisions;

3. Terms used

In this Act —

appointed Board member means a Board member appointed under section 26(2);

Board means Infrastructure WA’s Board referred to in section 25;

Board member means a member of the Board;

CEO has the meaning given in section 49;

committee means a committee appointed under section 43;

Department of the Premier and Cabinet means the department of the Public Service principally assisting the Premier;

employing authority has the meaning given in the Public Sector Management Act 1994 section 3(1);

ex‑officio Board member means a person who is a Board member under section 26(3);

government employee means any of the following —

(a) a person employed in the Public Sector by or under an employing authority;

(b) a person who is an employee of a public authority;

Government response means a response to the State Infrastructure Strategy prepared by the Premier under section 16;

government trading enterprise means any of the following —

(a) a body established by the Electricity Corporations Act 2005 section 4(1);

(b) a port authority established by the Port Authorities Act 1999 section 4(1);

(d) the body established by the Western Australian Land Authority Act 1992 section 5(1);

(e) a body prescribed for the purposes of this definition;

(f) a subsidiary of a body referred to in one of paragraphs (a) to (e);

infrastructure includes infrastructure that has, or is intended to have, economic, social or environmental value;

Infrastructure Australia means the body established by the Infrastructure Australia Act 2008 (Commonwealth) section 4;

major infrastructure proposal means a proposal, for an infrastructure project or for a programme of infrastructure projects, if —

(a) the project has or the projects have an estimated capital cost of $100 million or more, or another amount prescribed for the purposes of this paragraph; or

(b) the proposal is nominated by the Premier for the purposes of this definition; or

(c) the project is or the projects are prescribed, or in a class of infrastructure project prescribed, for the purposes of this definition;

misconduct, in relation to an office holder, includes conduct that renders the office holder unfit to hold office even though the conduct does not relate to a duty of the office;

public authority means any of the following —

(a) a Minister of the Crown;

(b) an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1);

(c) a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the Crown;

Public Sector has the meaning given in the Public Sector Management Act 1994 section 3(1);

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1);

staff member means the CEO or a person referred to in section 57, 58 or 59;

State agency means any of the following —

(a) an agency as defined in the Financial Management Act 2006 section 3;

(b) a government trading enterprise;

State Infrastructure Programme means the State Infrastructure Programme in effect under Part 3 Division 2 for the time being;

State Infrastructure Strategy means the State Infrastructure Strategy in effect under Part 3 Division 1 for the time being;

unable to act, in relation to an office holder, includes, without limitation, that the office holder is on leave, whether extended or not and whether for illness or not.

4. Act binds Crown

This 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.

Part 2 — Infrastructure WA

5. Infrastructure WA established

(1) Infrastructure WA is established.

(2) Infrastructure WA —

(a) is a body corporate; and

(b) has perpetual succession; and

(d) may sue and be sued in its corporate name.

6. Agent of Crown

Infrastructure WA is an agent of the Crown and has the status, immunity and privileges of the Crown.

7. Principal objects

Infrastructure WA’s principal objects are —

(a) to provide advice and assistance to the Government on matters relating to infrastructure;

(b) to assist in enhancing the efficiency and effectiveness of infrastructure planning and coordination;

(c) to promote the adoption and use of policies, practices, information and analysis to support sound decision‑making in relation to infrastructure.

8. Functions

(1) Infrastructure WA’s functions are —

(a) to prepare and submit to the Premier State Infrastructure Strategies, in accordance with Part 3 Division 1;

(b) to assess and report to the Premier on major infrastructure proposals, in accordance with Part 3 Division 3;

(c) to provide advice and assistance to State agencies in the preparation of infrastructure strategies, plans and policies, including by preparing, at the request of the Premier, strategies, plans and policies on behalf of State agencies;

(d) to provide advice to State agencies on the preparation of infrastructure proposals;

(e) to review and report to the Premier on infrastructure proposals prior to their submission to Infrastructure Australia;

(f) under the direction of the Premier, to coordinate the provision of information and submissions to Infrastructure Australia;

(g) to monitor and report on progress in implementing the State Infrastructure Strategy, in accordance with Part 3 Division 5;

(h) to provide advice to the Premier on —

(i) infrastructure priorities;

(ii) funding and financing of infrastructure;

(iii) any other matter relating to infrastructure;

(i) to review and report to the Premier on completed infrastructure projects;

(j) to promote public awareness of matters relating to infrastructure;

(k) to perform the other functions conferred on Infrastructure WA under this Act;

(l) to perform, at the request of the Premier, any other function relating to infrastructure.

(2) When performing its functions, Infrastructure WA must consider the following —

(a) current relevant Government strategies, plans, policies, priorities and forecasts, including —

(i) population, economic, financial and environmental forecasts;

(ii) land use plans;

(iii) strategies, plans and policies relating to the various infrastructure sectors;

(iv) any other social, economic or environmental policies;

(b) the economic, social and environmental value of infrastructure;

(d) the needs of a broad range of users of infrastructure;

(e) the complete lifecycle of infrastructure;

(f) how existing infrastructure can be used more efficiently and effectively;

(g) technological advances and trends;

(h) social and demographic trends;

(i) the financial implications for the Crown (if any) of its advice and recommendations;

(j) any other relevant matter.

(3) When performing its functions Infrastructure WA is, where relevant, appropriate and practicable, to consult with interested persons, including (without limitation) the Regional Development Commissions, established under the Regional Development Commissions Act 1993, and other persons with knowledge of or an interest in the infrastructure needs of the non-metropolitan regions.

9. Advice and reports may be made publicly available

(1) Infrastructure WA may, with the approval of the Premier, make advice or a report prepared in the performance of a function under this Act publicly available.

(2) This section does not apply to a report or other thing that must or may be made publicly available under another provision of this Act.

10. Annual work programme

(1) Infrastructure WA must, in consultation with the Premier, prepare an annual work programme.

(2) Each programme must be submitted to the Premier before the beginning of the financial year to which it relates.

(3) Each programme must cover the key activities that Infrastructure WA proposes to undertake in the year to which it relates.

(4) Infrastructure WA must inform the Premier, in writing, of any key activity that it proposes to undertake in a year that is not covered by the work programme for the year.

(5) Infrastructure WA must make its annual work programme publicly available.

(6) Infrastructure WA may remove from an annual work programme any information that it considers to be confidential or otherwise not suitable to be made publicly available, prior to making the programme publicly available.

11. Powers

(1) Infrastructure WA has all the powers it needs to perform its functions.

(2) Without limiting subsection (1), Infrastructure WA may, for the purpose of performing any of its functions, but subject to any limitation imposed by this Act —

(a) enter into a contract or other arrangement, including a contract or arrangement for the provision of services to Infrastructure WA;

(b) develop and turn to account any technology, software or other intellectual property that relates to its functions and, for that purpose, apply for, hold, exploit and dispose of any intellectual property;

12. Delegation

(1) Infrastructure WA may delegate to a Board member, staff member or government employee any power or duty of Infrastructure WA under another provision of this Act.

(2) The delegation must be in writing executed by Infrastructure WA.

(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(4) A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5) Nothing in this section limits Infrastructure WA’s ability to perform a function through an officer or agent.

(6) This section does not apply to the execution of documents.

Note for this subsection:

Authority to execute documents on Infrastructure WA’s behalf can be given under section 68.

Part 3 — Infrastructure strategy and planning

Division 1 — State Infrastructure Strategy

13. Preparation and submission to Premier

(1) Infrastructure WA must, from time to time, prepare and submit to the Premier a State Infrastructure Strategy.

(2) Each strategy, other than the first, must be prepared and submitted within 5 years of the previous one having been laid before Parliament under section 15.

(3) The Premier may direct that a strategy be prepared and submitted within a lesser period.

(4) Prior to submitting a State Infrastructure Strategy to the Premier, Infrastructure WA must make a draft of the proposed strategy publicly available, and undertake public consultation on the proposed strategy.

14. Content and preparation

(1) Infrastructure WA must include in the State Infrastructure Strategy —

(a) the identification of Western Australia’s significant infrastructure needs and priorities over at least the next 20 years; and

(b) the economic, social and environmental objectives against which Western Australia’s infrastructure needs were assessed; and

(i) significant projects or programmes, or other options, intended to meet those infrastructure needs and priorities; and

(ii) funding and financing options, when appropriate, for the projects, programmes and options;

and

(d) the relative priority of the recommendations.

(2) When preparing a State Infrastructure Strategy, Infrastructure WA must do the following —

(a) assess the current state of infrastructure in Western Australia;

(b) identify significant current, and expected future, deficiencies in Western Australia’s infrastructure;

(c) identify the areas in which those deficiencies are contributing to, or may contribute to, significant economic, social or environmental costs;

(d) assess the short, medium and long‑term options available to meet Western Australia’s infrastructure needs and priorities, including reform of policy, pricing, regulation and technology;

(e) consider both investing in new infrastructure and making better use of existing infrastructure;

(f) consider the affordability of the recommendations in subsection (1)(c), including by reference to the financial targets set out in the most recently released Government Financial Strategy Statement under the Government Financial Responsibility Act 2000.

15. Acceptance, tabling and publication

(1) If a State Infrastructure Strategy is submitted to the Premier, the Premier must consider the strategy and, within 60 days of receipt of it, either accept it or return it to Infrastructure WA for further consideration and re‑submission to the Premier.

(2) The Premier cannot return a strategy to Infrastructure WA more than once.

(3) If the Premier returns a strategy to Infrastructure WA —

(a) the Premier must provide in writing the Premier’s feedback on the strategy; and

(b) Infrastructure WA must respond to the feedback, either in the re‑submitted strategy or in a separate document.

(4) The Premier must, within 28 days of acceptance or re‑submission of a strategy, cause the strategy to be —

(a) laid before each House of Parliament; and

(b) made publicly available.

16. Government response

(1) The Premier must prepare a response to each State Infrastructure Strategy laid before Parliament.

(2) The response must include —

(a) an indication of the extent to which each recommendation in the strategy is supported by the Government; and

(b) for each recommendation that is not fully supported — reasons why it is not fully supported.

(3) The Premier must, within 6 months after the day on which the strategy is laid before Parliament, cause the response to be —

(a) laid before each House of Parliament; and

(b) made publicly available.

(4) For the purposes of subsection (3), the day on which the strategy is laid before Parliament is —

(a) the day on which it is laid before both Houses; or

(b) if it is laid before the Houses on different days — the 2nd of those days.

(5) The Premier may amend the response at any time after it is laid before Parliament.

(6) An amendment cannot have effect until the amended response is —

(a) laid before each House of Parliament; and

(b) made publicly available.

17. Amendment

(1) Infrastructure WA may, from time to time, prepare and submit to the Premier amendments to the State Infrastructure Strategy.

(2) Sections 13(4), 15 and 16 apply with the necessary modifications.

Division 2 — State Infrastructure Programmes

18. State Infrastructure Programmes

(1) The Premier must, in consultation with the Treasurer, prepare annual State Infrastructure Programmes and make them publicly available.

(2) Each State Infrastructure Programme must be made publicly available within 3 months after the day on which the State Budget, for the first of the years to which the programme relates, is presented in the Legislative Assembly.

(3) A State Infrastructure Programme must cover a 10‑year period and must include —

(a) an overview of the Government’s proposed significant infrastructure investments for the year to which the Budget relates and the years covered by the forward estimates; and

(b) an overview of Western Australia’s expected significant infrastructure needs and challenges over the remaining years and, where relevant, options to address them.

(4) When preparing a State Infrastructure Programme, the Premier must —

(a) take into account the recommendations in the State Infrastructure Strategy, to the extent to which the recommendations are supported by the current Government response; and

(b) seek Infrastructure WA’s advice.

(5) The Premier may amend the State Infrastructure Programme and subsections (1) and (4) apply with the necessary modifications.

(6) The regulations may provide for the detail of the content of State Infrastructure Programmes.

Division 3 — Major infrastructure proposals

19. Infrastructure WA to assess major infrastructure proposals prior to investment decision

(1) This section applies to a major infrastructure proposal of a State agency, whether or not —

(a) funding for the proposal is or will be sought from the Crown or is to be provided by a State agency; or

(b) the proposal is intended to result in the infrastructure being held by the Crown or a State agency; or

(2) The major infrastructure proposal must be submitted to Infrastructure WA, and Infrastructure WA’s report on the proposal must be received by the Premier, prior to the investment decision for the proposal.

(3) In subsection (2) —

investment decision, in relation to a proposal of a State agency, means the decision by the Government or the State agency to implement the proposal.

(4) Infrastructure WA must assess each proposal submitted to it in accordance with its assessment guidelines, and prepare, and give to the Premier, a report on the proposal and a high‑level summary of the report.

(5) This section has effect despite any other written law (other than the State Development Act 2025).

(6) However, a failure to comply with this section does not affect the validity of any decision made or other thing done in relation to a proposal.

(7) Infrastructure WA may exempt a proposal from the application of this section.

[Section 19 amended: No. 21 of 2025 s. 102.]

20. Timing of assessment of major infrastructure proposals

(1) In relation to a major infrastructure proposal to which section 19 applies, Infrastructure WA and the State agency must negotiate as to the timeframe for reporting on the proposal.

(2) The regulations may deal with timeframes for reporting on major infrastructure proposals under section 19, including by —

(a) providing for and in relation to negotiated timeframes; and

(b) setting default timeframes.

21. Guidelines and summary reports

(1) Infrastructure WA must, in consultation with the Premier, prepare guidelines indicating how it will assess major infrastructure proposals.

(2) Infrastructure WA must make the guidelines, as they have effect from time to time, publicly available.

(3) For each report given to the Premier under section 19, the Premier must make the summary of the report publicly available within 6 months after the day on which the report is given to the Premier.

(4) If the Premier does not make the summary publicly available within the 6 months, Infrastructure WA must make the summary publicly available.

Division 4 — Obligations of State agencies

22. State agencies to provide information to Infrastructure WA

(1) Infrastructure WA may request a State agency to give it any information it requires for the purposes of performing its functions under this Act.

(2) A request must be in writing if the agency requests that.

(3) When giving information to Infrastructure WA, a State agency may identify information that, in the opinion of the agency, is the subject of a duty of confidentiality or secrecy or is of a commercially sensitive nature.

(4) When identifying information for the purposes of subsection (3), a State agency must —

(a) do so in writing; and

(b) be as specific as practicable; and

(5) A State agency is not required to give information if, in the opinion of the agency —

(a) the information relates to an investigative, law enforcement or complaints handling function of the agency; or

(b) the information is subject to legal professional privilege; or

(c) giving the information would be in contempt of court or contravene an order or direction of a person or body acting judicially.

(6) A State agency that does not give information in reliance on subsection (5), must give written reasons.

(7) If a State agency that is a department of the Public Service has a function or may form an opinion under this section the chief executive officer of the department has the function or may form the opinion.

23. Obligations of State agencies

(1) A State agency has the following obligations —

(a) to cooperate with Infrastructure WA in the performance of Infrastructure WA’s functions;

(b) to comply in a timely manner with —

(i) requests for information under section 22, subject to section 22(5); and

(ii) the requirements of section 22(4) and (6), when relevant;

(i) the recommendations in the State Infrastructure Strategy that are relevant to the agency, to the extent to which the recommendations are supported by the current Government response; and

(ii) the relevant aspects of the State Infrastructure Programme.

(2) To the extent to which there is inconsistency between the Government response and the State Infrastructure Programme, the more recent prevails for the purposes of subsection (1)(c).

(3) If an obligation that a State agency has under this section conflicts or is inconsistent with an obligation that it has under the Act under which it is established or continued, the obligation under this section prevails to the extent to which the obligations conflict or are inconsistent.

(4) If a State agency that is a department of the Public Service has an obligation under this section the chief executive officer of the department has the obligation.

(5) No civil or criminal liability attaches to a State agency or any other person, and no invalidity arises, only because the agency or person has not complied with an obligation under this section.

Division 5 — Implementation of State Infrastructure Strategy

24. Report on implementation of State Infrastructure Strategy

(1) Infrastructure WA must, in consultation with relevant State agencies, prepare annual reports on the Government’s progress in implementing the recommendations in the State Infrastructure Strategy, taking into account the current Government response and the State Infrastructure Programme.

(2) Infrastructure WA must make the reports publicly available.

Part 4 — Governance and administration

Division 1 — The Board

Subdivision 1 — Board constituted

25. Board is governing body of Infrastructure WA

(1) Infrastructure WA is to have a board.

(2) The Board is Infrastructure WA’s governing body and, in the name of Infrastructure WA, is to perform its functions.

26. Board membership

(1) The Board consists of up to 10 members.

(2) The Governor may, on the Premier’s recommendation, appoint up to 7 members.

(3) The following are members of the Board —

(a) the chief executive officer of the Department of the Premier and Cabinet;

(b) the Under Treasurer (that is, the chief executive officer of the department of the Public Service principally assisting in the administration of the Financial Management Act 2006);

(c) the chief executive officer of the department of the Public Service principally assisting in the administration of the Planning and Development Act 2005.

(4) The Premier must ensure that the number of Board members who are government employees does not exceed the number of Board members who are not government employees.

(5) The Premier must ensure that the Board members have, between them, expertise across a broad range of infrastructure sectors.

(6) Before recommending a person who is not a government employee, the Premier must be satisfied that the person has appropriate expertise in the areas of infrastructure policy, planning, strategy, funding, financing or delivery.

(7) A person who is a staff member cannot be appointed as a Board member.

(8) A person who is or has been within the preceding 3 years a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed as a Board member.

27. Chairperson and deputy chairperson

(1) The Governor, on the Premier’s recommendation, must designate a Board member to be the chairperson of the Board and another to be the deputy chairperson of the Board.

(2) Neither the chairperson nor the deputy chairperson can be a government employee.

(3) If the chairperson is unable to act or the position of chairperson is vacant, the deputy chairperson is to act in the chairperson’s place.

(4) An act or omission of the deputy chairperson acting in the chairperson’s place cannot be questioned on the ground that the occasion for acting had not arisen or had ceased.

28. Terms and conditions of appointment

(1) The chairperson may be appointed on a full‑time or part‑time basis.

(2) An appointed Board member, other than the chairperson, is to be appointed on a part‑time basis.

(3) An appointed Board member —

(a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b) is eligible for reappointment but cannot hold office for more than 10 consecutive years.

(4) Subject to this Subdivision, an appointed Board member holds office on the terms and conditions of appointment determined by the Premier.

29. Remuneration and expenses

(1) A Board member who is not a government employee is entitled to the remuneration determined by the Premier from time to time on the recommendation of the Public Sector Commissioner.

(2) A Board member may be reimbursed expenses reasonably incurred in the performance of their functions as a Board member, as determined by the Premier from time to time on the recommendation of the Public Sector Commissioner.

30. Casual vacancies

(1) The office of a Board member becomes vacant if the member —

(a) dies, resigns under this section or is removed from office under this section; or

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is convicted of an offence under section 45(1) or (2).

(2) An appointed Board member may at any time resign from office by writing signed and given to the Premier.

(3) The resignation takes effect on the later of —

(a) receipt by the Premier;

(b) the day specified in the resignation.

(4) The Governor, on the Premier’s recommendation, may suspend or remove an appointed Board member from office —

(a) on the grounds of —

(i) neglect of duty; or

(ii) misconduct or incompetence; or

(iii) mental or physical incapacity, other than temporary illness, impairing the performance of the member’s duties; or

(iv) absence, without leave, from 3 consecutive meetings of the Board of which the member has had notice;

(b) for any other reasonable cause.

(5) The Premier may remove an appointed Board member who is a government employee on the grounds of —

(a) the member ceasing to be a government employee; or

(b) the member commencing to perform functions that are not, in the Premier’s opinion, compatible with their functions as a Board member.

(6) If a Board member is suspended or removed from office under subsection (4), the Premier must cause a statement of the grounds for suspension or removal to be laid before each House of Parliament within 14 days after the day on which the member was suspended or removed.

31. Extension of term of office

(1) If the office of a Board member becomes vacant because the member’s term of office expires by effluxion of time, the member continues to be a Board member during that vacancy until the earlier of —

(a) the end of the period of 6 months immediately following the expiry of the term of office;

(b) the vacancy being filled;

(d) the member being removed from office under section 30.

(2) This section has effect despite the limit in section 28(3)(b).

32. Leave of absence

(1) The Premier may, on any terms and conditions the Premier considers appropriate, grant the chairperson leave to be absent from office.

(2) The chairperson may, on any terms and conditions the chairperson considers appropriate, grant a Board member leave to be absent from office.

33. Alternate members

(1) If a Board member is unable to act, the Premier may appoint another person as an alternate member to act temporarily in the member’s place.

(2) Section 26(4) to (8) apply, with the necessary modifications, to the appointment of an alternate member under subsection (1).

(3) Subsection (1) does not apply in relation to the chairperson or an ex‑officio Board member.

(4) If the deputy chairperson is acting in the chairperson’s place, the Premier may, under subsection (1), appoint another person as an alternate member to act temporarily in the deputy chairperson’s place.

(5) While acting in accordance with their appointment, an alternate member is taken to be a Board member and to have the equivalent entitlements (if any) of the Board member in whose place they are acting.

(6) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.

Subdivision 2 — Board procedures

34. Holding meetings

(1) The first Board meeting is to be convened by the chairperson, and subsequent meetings are to be held at times and places determined by the Board.

(2) The Board is to meet at least 4 times a year.

(3) A special Board meeting —

(a) may be convened by the chairperson at any time; and

(b) must be convened by the chairperson if 3 or more Board members request the chairperson to do so.

35. Quorum

The quorum for a Board meeting is one half of the number of Board members.

36. Balance of members at meetings

A Board meeting cannot proceed if the number of members present who are government employees exceeds the number of members present who are not government employees.

37. Presiding members

(1) The chairperson, if present, must preside at a Board meeting.

(2) If neither the chairperson, nor the deputy chairperson acting as the chairperson, is presiding under subsection (1), the members present at the meeting are to elect one of their number who is not a government employee to preside.

38. Procedure at meetings

The Board is to determine its own meeting procedures to the extent that they are not fixed under this Act.

39. Holding meetings remotely

The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.

40. Voting

(1) Each member present at a Board meeting has a deliberative vote unless section 46 prevents the member from voting.

(2) In the case of an equality of votes, the member presiding has a casting vote in addition to a deliberative vote.

(3) A question is resolved by a majority of the votes cast.

41. Resolution without meeting

A resolution in writing signed or otherwise assented to by each Board member has the same effect as if it had been passed at a Board meeting, and must be recorded in the minutes of the Board’s next meeting.

42. Minutes to be kept

(1) The Board must cause accurate minutes to be kept of the proceedings at each of its meetings.

(2) Without limiting subsection (1), the minutes are to —

(a) record that a member abstained from voting on or voted for or against a resolution if the member so requests; and

(b) include a record of attendance.

43. Committees

(1) The Board may appoint committees to assist it in the performance of its functions, and may alter or discharge any committee so appointed.

(2) Subject to the direction of the Board, a committee may determine its own procedures.

(3) A member of a committee who is not a government employee is entitled to the remuneration determined by the Premier from time to time on the recommendation of the Public Sector Commissioner.

(4) A member of a committee may be reimbursed expenses reasonably incurred in the performance of their functions as a member of the committee, as determined by the Premier from time to time on the recommendation of the Public Sector Commissioner.

Subdivision 3 — Disclosure of interests

44. Financial interest in a matter

For the purposes of this Subdivision, a member of the Board or of a committee has a direct or indirect financial interest in a matter if it is reasonable to expect that the matter may, if dealt with by the Board or committee in a particular way, result in a financial gain, loss, benefit or detriment for the member or a person closely associated with the member.

45. Disclosure of material personal interests

(1) A Board member who has a material personal interest in a matter being considered or about to be considered by the Board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a Board meeting.

Penalty for this subsection: a fine of $10 000.

(2) A member of a committee who has a material personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a committee meeting.

Penalty for this subsection: a fine of $10 000.

(3) Both subsections (1) and (2) apply to a person who is a member of a committee and also a Board member.

(4) If a member of the Board or of a committee has, in the opinion of the person presiding at a meeting of the Board or committee, a material personal interest in a matter being considered or about to be considered by the Board or the committee, the person presiding may call on the member to disclose the nature and extent of the interest and, in default of any such disclosure, may determine that the member has the interest.

(5) A disclosure under subsection (1) or (2) or a determination under subsection (4) must be recorded in the minutes of the meeting.

(6) Infrastructure WA must keep a record of each disclosure or determination under this section that relates to a direct or indirect financial interest in a matter, and make a summary of the record available, on request, for inspection.

(7) Without limiting section 72, the regulations may provide for how the record is to be made available.

46. Participation by interested members

(1) A member of the Board or of a committee who has, or has been determined under section 45(4) to have, a material personal interest in a matter that is being considered by the Board or committee —

(a) must not vote (whether at a meeting or otherwise) on a resolution on the matter; and

(b) must not be present (whether in person or remotely) while the matter is being considered at a meeting.

(2) A reference in subsection (1)(a) or (b) to a matter includes a reference to a proposed resolution under section 47(1) in respect of the matter, whether relating to that member or a different member.

47. Section 46 may be declared inapplicable

(1) Section 46 does not apply in relation to a member of the Board or of a committee if —

(a) the member has disclosed an interest in a matter under section 45(1) or (2) or the person presiding at a meeting of the Board or committee has determined that the member has an interest in a matter under section 45(4); and

(b) the Board or committee has at any time passed a resolution that —

(i) specifies the member, the interest and the matter; and

(ii) states that the members voting for the resolution are satisfied that the interest is not significant enough to be likely to unduly influence the member’s conduct in considering or voting on the matter.

(2) A resolution cannot be passed under subsection (1)(b) in relation to a member if the interest of the member is a direct or indirect financial interest in the matter.

48. Quorum where section 46 applies

Despite section 35, if a Board member is unable to act in relation to a matter under section 46, a quorum is present during the consideration of the matter if the number of members present, who are entitled to vote on any motion that may be moved at the meeting in relation to the matter, is —

(a) at least the quorum under section 35, less 1; and

(b) not less than 3.

Division 2 — Staff

Subdivision 1 — CEO

49. CEO

(1) Infrastructure WA is to have a chief executive officer (the CEO).

(2) The CEO is to administer Infrastructure WA’s day‑to‑day operations, subject to the control of the Board.

(3) The CEO is Infrastructure WA’s chief employee for the purposes of the Public Sector Management Act 1994.

(4) Subsection (3) has effect despite the Public Sector Management Act 1994 section 44(1).

(5) The CEO is not, and is not to become, a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994.

(6) The Board is the employer of the CEO for the purposes of paragraph (b) of the definition of employing authority in the Public Sector Management Act 1994 section 5(1).

50. Appointment of CEO

(1) The CEO is to be appointed by the Governor on the Premier’s recommendation.

(2) Before making a recommendation for the purposes of subsection (1), the Premier must —

(a) consult with the Board; and

(b) request the Board to nominate one or more persons for the position of CEO.

(3) Nominations are to be given to the Premier for consideration by Cabinet.

(4) The Premier may make a recommendation for the purposes of subsection (1) whether or not the Board has made a nomination, or a satisfactory nomination, but not before the earlier of —

(a) the Board making a nomination;

(b) the end of the period of 3 months beginning on the day on which the Premier made the request under subsection (2).

(5) The Public Sector Management Act 1994 section 105 does not prevent the Premier and the Board consulting under subsection (2).

51. Terms and conditions of appointment

(1) The CEO is to be appointed on a full‑time basis.

(2) The CEO —

(a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b) is eligible for reappointment.

(3) Subject to this Subdivision, the CEO holds office on the terms and conditions of appointment determined by the Board.

52. Remuneration

The CEO is entitled to the remuneration determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 and, for the purposes of that Act and any other written law, the office of the CEO is taken to be prescribed under section 6(1)(e) of that Act for the purposes of that section.

53. Casual vacancies

(1) The office of CEO becomes vacant if the CEO —

(a) dies, resigns under this section or is removed from office under this section; or

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is convicted of an offence under section 54(1).

(2) The CEO may at any time resign from office by writing signed and given to the chairperson of the Board.

(3) The resignation takes effect on the later of —

(a) receipt by the chairperson;

(b) the day specified in the resignation.

(4) The Governor, on the Premier’s recommendation, may suspend or remove the CEO from office —

(a) on the grounds of —

(i) neglect of duty; or

(ii) misconduct or incompetence; or

(iii) mental or physical incapacity, other than temporary illness, impairing the performance of the CEO’s duties;

(b) for any other reasonable cause.

(5) Before making a recommendation for the purposes of subsection (4), the Premier must consult with the chairperson of the Board.

(6) If the CEO is suspended or removed from office under subsection (4), the Premier must cause a statement of the grounds for suspension or removal to be laid before each House of Parliament within 14 days after the day on which the CEO was suspended or removed.

(7) The statement in subsection (6) must also include whether the suspension or removal was supported by the chairperson of the Board.

54. Disclosure of material personal interests

(1) If the CEO has a material personal interest in a matter that relates to Infrastructure WA’s affairs, the CEO must, as soon as possible after the relevant facts have come to the CEO’s knowledge —

(a) disclose the nature and extent of the interest to the Board; and

(b) not take action or further action in relation to the matter unless authorised to do so by the Board.

Penalty for this subsection: a fine of $10 000.

(2) The Board’s authorisation may be subject to conditions and restrictions.

(3) If the CEO is unable to act in relation to a matter, the Board may appoint another staff member to act in relation to the matter.

55. Entitlements of public service officer as CEO

(1) If a person occupied an office in the Public Service immediately before being appointed to the office of CEO, the person retains existing and accruing entitlements as if service as the CEO were a continuation of service in the office in the Public Service.

(2) If a person ceases to be the CEO and is appointed to an office in the Public Service, the person’s service as the CEO is to be regarded as service in the Public Service for the purposes of determining the person’s rights as a public service officer.

56. No outside employment

The CEO must not, without the Board’s written approval —

(a) engage in paid employment outside the duties of the office of CEO; or

(b) actively take part in —

(i) the activities of a business; or

(ii) the management of a body corporate carrying on business.

57. Acting CEO

(1) If the CEO is unable to act or the position of CEO is vacant, the Board may appoint a person to act as the CEO.

(2) A person cannot act in the office of CEO for a continuous period of more than 12 months.

(3) Section 49(5) does not limit who may be appointed to act as the CEO.

(4) A person acting as the CEO holds office on the terms and conditions of appointment, including as to remuneration, determined by the Board.

(5) The remuneration of a person acting as the CEO cannot exceed that of the holder of the office or, if the position is vacant, the most recent holder of the office.

(6) An act or omission of a person acting as the CEO cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.

Subdivision 2 — Other staff

58. Other staff

(1) Public service officers may be appointed under the Public Sector Management Act 1994 Part 3 to enable Infrastructure WA to perform its functions.

(2) Infrastructure WA may, subject to any relevant written law or any binding award, order or industrial agreement under the Industrial Relations Act 1979, employ or engage and manage staff otherwise than under the Public Sector Management Act 1994 Part 3.

(3) This section does not detract from the power that the Public Sector Management Act 1994 section 100 gives Infrastructure WA to engage a person under a contract for services or appoint a person on a casual employment basis.

59. Use of government staff and facilities

(1) Infrastructure WA may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee —

(a) in a State agency; or

(b) otherwise in the service of the Crown.

(2) Infrastructure WA may by arrangement make use of a State agency’s facilities.

(3) An arrangement under subsection (1) or (2) is to be made on terms agreed to by the parties.

Division 3 — Accountability and financial provisions

60. Premier may give directions

(1) The Premier may give written directions to Infrastructure WA about the performance of its functions, and Infrastructure WA must give effect to the directions.

(2) A direction under this section cannot be about the particular performance of a function or relate to the content of any strategy, advice, report, guideline or other document prepared by Infrastructure WA.

(3) The Premier must cause a direction under this section to be laid before each House of Parliament within 14 days after the day on which the direction is given.

(4) The text of a direction under this section must be included in Infrastructure WA’s annual report under the Financial Management Act 2006 Part 5.

61. Premier to have access to information

(1) In this section —

document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

information means information specified, or of a description specified, by the Premier that relates to Infrastructure WA’s functions.

(2) The Premier is entitled —

(a) to have information in Infrastructure WA’s possession; and

(b) if the information is in or on a document, to have, and make and retain copies of, that document.

(3) For the purposes of subsection (2), the Premier may —

(a) request Infrastructure WA to give information to the Premier; and

(b) request Infrastructure WA to give the Premier access to information; and

(c) for the purposes of paragraph (b), make use of Infrastructure WA’s staff to obtain the information and give it to the Premier.

(4) Infrastructure WA must comply with a request under subsection (3) and make staff and facilities available to the Premier for obtaining information under subsection (3)(c).

62. Application of Financial Management Act 2006 and Auditor General Act 2006

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in relation to Infrastructure WA and its operations.

63. Infrastructure WA’s funds

(1) An account called the Infrastructure WA Account is established for Infrastructure WA.

(2) The account is an agency special purpose account under the Financial Management Act 2006 section 16.

(3) Money received by Infrastructure WA must be credited to, and money paid by Infrastructure WA must be debited to, the account.

(4) The funds available for the purpose of enabling Infrastructure WA to perform its functions consist of money that is lawfully received by, or made available to, Infrastructure WA.

64. Protection for disclosure or compliance with directions

Infrastructure WA or another person performing a function under this Act is not liable —

(a) in respect of any claim arising as a consequence of the disclosure of information or documents under section 61 or a duty imposed by the Financial Management Act 2006 or the Auditor General Act 2006; or

(b) for the fact of having done or omitted a thing that is required to be done or omitted by a direction given under this Act.

Part 5 — General

Division 1 — Protection of information

65. Confidentiality

(1) A person must not, directly or indirectly, use or disclose any information obtained by the person because of —

(a) the person’s office, position, employment or engagement under or for the purposes of this Act; or

(b) any disclosure made to the person under or for the purposes of this Act.

Penalty for this subsection: a fine of $10 000.

(2) Subsection (1) does not apply in relation to the use or disclosure of information that is already in the public domain.

(3) A person does not commit an offence under subsection (1) if the use or disclosure of the information is authorised under section 66(1).

66. Authorised use or disclosure of information

(1) For the purposes of this Act, the use or disclosure of information is authorised if the information is used or disclosed in good faith in any of the following circumstances —

(a) for the purpose of, or in connection with, performing a function under this or any other Act;

(b) as otherwise authorised or required under or for the purposes of this Act;

(d) to a court or other person or body acting judicially in the course of proceedings before the court, person or body;

(e) under an order of a court or other person or body acting judicially;

(f) any other circumstances prescribed for the purposes of this subsection.

(2) If the use or disclosure of information is authorised under subsection (1) —

(a) no civil or criminal liability is incurred in respect of the use or disclosure; and

(b) the use or disclosure is not to be regarded as —

(i) a breach of any duty of confidentiality or secrecy imposed by law; or

(ii) a breach of professional ethics or standards or any principles of conduct applicable to a person’s employment; or

(iii) unprofessional conduct.

67. Restrictions on disclosure of sensitive information

(1) In this section —

private sensitive information means sensitive information relating to a person who or that is not a State agency or public authority;

sensitive information means information that has been identified under section 22(3) as being the subject of a duty of confidentiality or secrecy or of a commercially sensitive nature.

(2) This section qualifies section 66(1)(a) and (b).

(3) Infrastructure WA must not make sensitive information publicly available and, without limitation, must not include sensitive information in the following —

(a) a State Infrastructure Strategy;

(b) a summary of a report given to the Premier under section 19;

(d) advice or other reports or documents that are to be made publicly available.

(4) The Premier must not make private sensitive information publicly available.

(5) This section does not prevent Infrastructure WA or the Premier from making a document from which sensitive information or private sensitive information has been removed publicly available.

(6) This section does not apply to the extent to which —

(a) the information is already in the public domain; or

(b) the information is in a statistical form that could not reasonably be expected to enable it to be related to the person in relation to whom or which the duty is owed or the information is of a commercially sensitive nature; or

Division 2 — Miscellaneous

68. Execution of documents

(1) A document is duly executed by Infrastructure WA if —

(a) Infrastructure WA’s common seal is affixed to it in accordance with subsections (2) and (3); or

(b) it is signed on Infrastructure WA’s behalf by a person or persons authorised to do so under subsection (4).

(2) Infrastructure WA’s common seal is not to be affixed to any document except as authorised by Infrastructure WA.

(3) Infrastructure WA’s common seal is to be affixed to a document in the presence of the chairperson of the Board and another Board member, or the chairperson and the CEO, each of whom must sign the document to attest that the common seal was so affixed.

(4) Infrastructure WA may, by writing under its common seal, authorise one or more Board members or one or more staff members to sign documents on Infrastructure WA’s behalf, either generally or subject to the conditions or restrictions specified in the authorisation.

(5) A document purporting to be executed in accordance with this section must be presumed to be duly executed unless the contrary is shown.

(6) When a document is produced bearing a seal purporting to be Infrastructure WA’s common seal, it must be presumed that the seal is Infrastructure WA’s common seal unless the contrary is shown.

69. Protection from liability for wrongdoing

(1) No action or claim for damages lies against a person other than Infrastructure WA for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

(2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.

(3) Despite subsection (1), neither Infrastructure WA nor the Crown is relieved of any liability that it might have for another person having done anything as described in that subsection.

(4) In this section, a reference to the doing of anything includes a reference to the omission to do anything.

70. Making certain things publicly available

A requirement under this Act to make a strategy, response, programme or other thing publicly available may be satisfied by publishing it on a website maintained by or on behalf of the Department of the Premier and Cabinet or Infrastructure WA.

71. Laying documents before Parliament not sitting

(1) If a provision of this Act requires the Premier to cause a document to be laid before a House of Parliament and the House is not sitting, the Premier may give the document to the Clerk of the House.

(2) A document given to the Clerk of a House under subsection (1) is taken to have been laid before the House.

(3) The laying of a document before a House that is taken to have occurred under subsection (2) must be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk receives the document.

72. Regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) The regulations may deal with the following —

(a) Infrastructure WA recovering from a State agency —

(i) the costs of it assessing and reporting on a major infrastructure proposal of a State agency;

(ii) the costs of it preparing, at the request of the Premier, a strategy, plan or policy on behalf of a State agency;

(iii) the costs of it providing advice to a State agency on the preparation of an infrastructure proposal;

(b) Infrastructure WA’s capacity to exempt a major infrastructure proposal from the application of section 19, including by providing for the circumstances in which an exemption may be given and for conditions to be imposed on exemptions;

(d) the disclosure of material personal interests for the purposes of Part 4 Division 1 Subdivision 3 or section 54, including by providing for —

(i) what is or is not a material personal interest;

(ii) who is or is not a person closely associated with a member;

(e) matters that are to be included in Infrastructure WA’s annual report under the Financial Management Act 2006 Part 5 in addition to the requirements under that Act.

(3) Regulations made for the purposes of subsection (2)(a) have effect despite anything in the written law under which the agency is established or continued or governed.

73. Review of Act

(1) The Premier must review the operation and effectiveness of this Act, and prepare a report based on the review —

(a) as soon as practicable after the 5th anniversary of the day on which this section comes into operation; and

(b) after that, at intervals of not more than 5 years.

(2) The obligation under subsection (1) is limited to 3 occasions.

(3) The Premier must cause each report to be laid before each House of Parliament as soon as practicable after the report is prepared, but not later than 12 months after the 5th anniversary or the expiry of the period of 5 years (whichever is relevant).

Part 6 — Consequential amendments to other Acts

74. Constitution Acts Amendment Act 1899 amended

(1) This section amends the Constitution Acts Amendment Act 1899.

(2) In Schedule V Part 3 before the item for the board of the Minerals Research Institute of Western Australia insert:

The board of Infrastructure WA established under the Infrastructure Western Australia Act 2019.

75. Financial Management Act 2006 amended

(1) This section amends the Financial Management Act 2006.

(2) In Schedule 1 after the item for the Housing Authority insert:

Infrastructure WA

76. Planning and Development Act 2005 amended

(1) This section amends the Planning and Development Act 2005.

(2) Delete Schedule 2 clause 6.

77. Public Sector Management Act 1994 amended

(1) This section amends the Public Sector Management Act 1994.

(2) In Schedule 2 before item 19A insert:

19	Infrastructure WA, established under the Infrastructure Western Australia Act 2019

View image in the official source

Notes

This is a compilation of the Infrastructure Western Australia Act 2019 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Infrastructure Western Australia Act 2019	13 of 2019	24 Jun 2019	Pt. 1: 24 Jun 2019 (see s. 2(a)); Act other than Pt. 1, s. 8(1)(b) and Pt. 3 Div. 2 and 3: 24 Jul 2019 (see s. 2(c)); s. 8(1)(b) and Pt. 3 Div. 3: 1 Jan 2022 (see s. 2(b) and SL 2021/145 cl. 2(a)); Pt. 3 Div. 2: 1 Jan 2023 (see s. 2(b) and SL 2021/145 cl. 2(b))
State Development Act 2025 Pt. 8 Div. 3	21 of 2025	19 Dec 2025	19 Feb 2026 (see s. 2(e) and SL 2026/13 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

appointed Board member 3

assent day 2

Board 3

Board member 3

CEO 3

committee 3

Department of the Premier and Cabinet 3

document 61(1)

employing authority 3

ex-officio Board member 3

government employee 3

Government response 3

government trading enterprise 3

information 61(1)

infrastructure 3

Infrastructure Australia 3

investment decision 19(3)

major infrastructure proposal 3

misconduct 3

private sensitive information 67(1)

public authority 3

Public Sector 3

remuneration 3

sensitive information 67(1)

staff member 3

State agency 3

State Infrastructure Programme 3

State Infrastructure Strategy 3

unable to act 3

This 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.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Infrastructure Western Australia Act 2019

Western Australia

Infrastructure Western Australia Act 2019

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Act binds Crown 5

Part 2 — Infrastructure WA

Infrastructure WA established 6
Agent of Crown 6
Principal objects 6
Functions 6
Advice and reports may be made publicly available 9
Annual work programme 9
Powers 9
Delegation 10

Part 3 — Infrastructure strategy and planning

Division 1 — State Infrastructure Strategy

Preparation and submission to Premier 11
Content and preparation 11
Acceptance, tabling and publication 12
Government response 13
Amendment 14

Division 2 — State Infrastructure Programmes

State Infrastructure Programmes 14

Division 3 — Major infrastructure proposals

Infrastructure WA to assess major infrastructure proposals prior to investment decision 15
Timing of assessment of major infrastructure proposals 16
Guidelines and summary reports 16

Division 4 — Obligations of State agencies

State agencies to provide information to Infrastructure WA 17
Obligations of State agencies 18

Division 5 — Implementation of State Infrastructure Strategy

Report on implementation of State Infrastructure Strategy 19

Part 4 — Governance and administration

Division 1 — The Board

Subdivision 1 — Board constituted

The Act organises its regime around several core concepts that determine its mechanics and incentives.

Infrastructure WA (ss 5-8)

The body is a statutory corporate entity and a Crown agent (ss 5-6). Its objects and functions are both advisory (advice to Premier and agencies, ss 7-8) and evaluative (assess and report on major proposals, s 8(b), Part 3 Div 3).
The Act confers broad powers to transact, manage IP and acquire property for its functions (s 11) and to delegate powers to Board members, staff or government employees (s 12).

State Infrastructure Strategy (Pt 3 Div 1; ss 13-17)

Infrastructure WA must prepare a strategy at least every five years (s 13(2)) except that the Premier may shorten the period (s 13(3)). Drafts must be published and consulted on before submission to the Premier (s 13(4)).
Content requirements: minimum 20‑year horizon, identification of significant needs and priorities, economic/social/environmental objectives used in assessment, recommendations (projects/programmes/options) and funding/financing options and relative priorities (s 14(1)).
The Premier must accept or return the strategy within 60 days and if accepted must cause it to be laid before Parliament and published within 28 days of acceptance or re‑submission (s 15). The Premier must prepare a Government response within 6 months after the strategy is laid setting the extent of support for each recommendation and reasons for lack of support (s 16).

State Infrastructure Programme (Pt 3 Div 2; s 18)

The Premier (with the Treasurer) must prepare annual State Infrastructure Programmes covering a 10‑year period and publish them within three months after the State Budget presentation for the first year (s 18(1)-(3)). The Premier must take Infrastructure WA’s advice into account and have regard to the Government response (s 18(4)).

Major infrastructure proposals (Pt 3 Div 3; ss 19-21)

Major proposals from State agencies must be submitted to Infrastructure WA for assessment prior to the investment decision (s 19(1)-(4)). A major infrastructure proposal is defined by cost threshold ($100m) or nomination by the Premier or by prescription (s 3).
Infrastructure WA must assess proposals using guidelines prepared with the Premier and provide a report and a high‑level summary to the Premier; summaries are to be made public within six months or Infrastructure WA must publish them (ss 19, 21).

State agency obligations (Pt 3 Div 4; ss 22-23)

Agencies must cooperate, comply in a timely manner with information requests and align strategies and plans with the Strategy and Programme insofar as recommendations are supported by the Government response (s 23). The Act makes those obligations prevail over conflicting duties in the agencies’ establishing Acts (s 23(3)).
Agencies may identify sensitive or confidential information when responding to information requests, and may refuse to supply certain categories (investigative, privileged or contrary to judicial order) with written reasons (s 22).

Governance and accountability (Pt 4)

Board structure is specified (maximum members, ex‑officio members, appointment process, composition balance requirement that non‑government members must not be outnumbered by government employees, s 26(4); meeting quorum and balance rules s 35-36).
The Premier can issue directions about performance but not about the content of particular documents or advice (s 60(1)-(2)). The Premier has access to Infrastructure WA’s information and staff for that purpose (s 61).
Financial controls: Financial Management Act and Auditor General Act apply (s 62); Infrastructure WA operates a designated account (s 63).

Confidentiality, disclosure and protections (Pt 5 Div 1)

Broad confidentiality offence with a $10,000 fine (s 65); authorised uses are set out to permit necessary disclosures in specified circumstances (s 66). Sensitive information identified by State agencies must not be made publicly available and the Premier must not publish private sensitive information (s 67).

Other operational mechanics

The Act enables Infrastructure WA to recover costs from State agencies by regulation for assessing proposals or preparing work for agencies (s 72(2)(a)). It also allows exemptions for mandatory assessments and prescribes consultation, disclosure rules and other administrative details (s 72).

These concepts form the Act’s mechanical architecture: a statutory advice and assessment body with compulsory pre‑decision scrutiny for defined major proposals, mandatory alignment duties for State agencies, mandatory strategic planning with parliamentary tabling and a Government response, governance rules limiting government employee dominance of the Board, and confidentiality/penalty measures to protect information and incentivise compliance.

Primary decision‑makers and administrative actors

The Premier. The Premier receives State Infrastructure Strategies and must accept or return them (s 15), prepare a Government response (s 16), prepare State Infrastructure Programmes (s 18), may give directions about Infrastructure WA’s performance (s 60), and has statutory rights to access Infrastructure WA information and staff (s 61). The Premier also has a role in nominations and appointments (ss 26, 27, 50).
Infrastructure WA’s Board and CEO. The Board is the governing body (s 25); the Governor appoints appointed members on the Premier’s recommendation (s 26). The Board employs the CEO subject to appointment by the Governor on the Premier’s recommendation, after Board consultation (ss 49-53). Board members and the CEO are subject to duties on disclosure, conflicts and confidentiality (ss 44-47; s 54).

State agencies and government trading enterprises

Defined as agencies under the Financial Management Act and GTEs (s 3), these entities are the principal subjects of the Act’s operational rules. They must: provide information on request (s 22); cooperate and comply with timelines (s 23); submit major infrastructure proposals to Infrastructure WA for assessment before an investment decision (s 19); and align strategies and plans with the Strategy and Programme to the extent recommendations are supported by the Government response (s 23(1)(c)). The Act explicitly applies to major proposals whether or not Crown funding is sought or ownership by the Crown is intended (s 19(1)).

Public servants and secondees

Infrastructure WA may use public service officers and other government employees under arrangements (s 59), and the Board must ensure a cap so that the number of government employees on the Board does not exceed non‑government employees (s 26(4)). Public service officers appointed to Infrastructure WA retain their entitlements (s 55).

Private sector proponents and contractors

The Act’s major proposal assessment requirement applies to proposals of State agencies; private sector projects per se are not made subject to Infrastructure WA unless they are submitted by a State agency or form part of a programme of projects submitted by a State agency (s 19). Infrastructure WA may contract for services and recover costs from State agencies by regulation, creating a potential cost channel that State agencies may pass on to proponents (s 11; s 72(2)(a)).

Parliament and Parliamentarians

The Act imposes tabling obligations: strategies, Programme and Government response must be laid before both Houses and made publicly available (ss 15(4), 16(3), 18(1)-(3)). The Premier must lay before Parliament any direction given to Infrastructure WA (s 60(3)). The Act restricts former parliamentarians from appointment as Board members for three years (s 26(8)). The compilation table also records commencement and amendment entries which Parliament will scrutinise by the statutory review regime (s 73).

Other entities

Infrastructure Australia (Commonwealth) is a coordination point: Infrastructure WA must review proposals prior to their submission to Infrastructure Australia and coordinate under Premier direction submissions to Infrastructure Australia (s 8(e)-(f)).
Entities established under affected Acts receive consequential amendments in Part 6, meaning their governance or reporting relationships may change by reference (ss 74-77).

Who pays

Infrastructure WA’s funds are those lawfully received or made available to it and it must operate through a special account (s 63). Regulations may permit Infrastructure WA to recover the costs of assessing proposals or preparing strategies from State agencies (s 72(2)(a)), creating a direct cost channel for agencies.

Who decides

Infrastructure WA prepares advice and assessments; the Premier retains decision authority and can issue directions about performance, accept or return strategies and make the final Government response (ss 15-16, 60). The Board and CEO run Infrastructure WA’s operations subject to those Premier powers and public sector financial and audit regimes (ss 49-51; ss 60-63).

In short, the Act primarily affects State agencies, the Premier, Infrastructure WA’s board and staff, and secondarily parliament, public service officers and any private parties whose projects are subject to agency submissions. The Act sets mandatory interactions: submissions of major proposals, information flows, and alignment of agency planning documents with the State Strategy and Programme.

Duties conferred on Infrastructure WA

Prepare and submit State Infrastructure Strategies to the Premier, including public consultation on drafts (ss 13-14). The strategy must include 20‑year priorities, objectives, recommendations and funding options (s 14).
Assess and report on major infrastructure proposals per guidelines and provide reports and summaries to the Premier (ss 19-21).
Provide advice to State agencies and the Premier, coordinate submissions to Infrastructure Australia when directed, monitor and report on implementation of the strategy, and promote public awareness (s 8; s 24).
Produce an annual work programme in consultation with the Premier, submit it before the financial year, and make it publicly available (s 10).

Duties on State agencies

Cooperate with Infrastructure WA and timely comply with information requests (s 23(1)(a)-(b); s 22).
Align strategies, plans and policies with the Strategy and Programme and implement relevant recommendations to the extent supported by the Government response (s 23(1)(c)). The Act provides that where the Government response and State Infrastructure Programme conflict, the more recent prevails for purposes of the alignment obligation (s 23(2)).
Give reasons in writing if declining to provide information where exceptions apply (s 22(5)-(6)).

Duties on the Premier

Consider each State Infrastructure Strategy within 60 days, accept or return it with feedback, and ensure tabling and publication of accepted or re‑submitted strategies (s 15).
Prepare a Government response within six months of tabling, indicating support or reasons for not supporting recommendations and lay the response before Parliament (s 16).
Prepare annual State Infrastructure Programmes in consultation with the Treasurer and make them publicly available (s 18).
May give written directions to Infrastructure WA about performance; must lay those directions before Parliament and include them in Infrastructure WA’s annual report (s 60).
The Premier is entitled to obtain and retain copies of Infrastructure WA information and may use Infrastructure WA staff to get information (s 61).

Duties on Board members and committees

Observe conflict disclosure rules: disclose material personal interests as soon as practicable and have the disclosure recorded (s 45). Failure to disclose carries a $10,000 fine (s 45(1) penalty).
Members with a material personal interest must not vote or be present while the matter is considered, subject to the limited power of the Board to permit participation where the interest is not a financial interest and a resolution is passed (ss 46-47).
Ensure meetings comply with quorum and composition rules such that government employees do not exceed non‑government employees present (ss 35-36).

Duties on the CEO and staff

CEO administers day‑to‑day operations subject to Board control and is Infrastructure WA’s chief employee for Public Sector Management Act purposes (s 49).
CEO must disclose material personal interests related to Infrastructure WA affairs and not act in relation to that matter unless authorised by the Board; penalty $10,000 (s 54).
CEO must not take paid outside employment without Board approval (s 56).

Rights and protections

Infrastructure WA may make advice and reports publicly available with Premier approval, and must make certain documents publicly available (s 9; ss 15-16).
The Premier has statutory rights to access information and make use of Infrastructure WA staff to obtain it (s 61).
Financial and audit framework protections and obligations: Financial Management Act 2006 and Auditor General Act 2006 apply (s 62), and Infrastructure WA has a special agency account (s 63).
Confidentiality rules: disclosure of information authorised by the Act or under other laws is exempted from liability and not to be treated as breach of duty (s 66). There is an express protection from civil action for persons acting in good faith under the Act other than Infrastructure WA (s 69). Section 64 provides protection where disclosure was required by Premier access or financial/audit duties.

Limits and exceptions

While major proposal assessments are mandatory in form, the Act states that failure to comply does not affect the validity of any decision made in relation to a proposal (s 19(6)). Infrastructure WA can exempt proposals (s 19(7)).
The Premier cannot direct Infrastructure WA about the content of particular strategies, advice, reports, guidelines or other documents (s 60(2)), but may direct generally about performance and must lay directions before Parliament (s 60(1), (3)).

These duties and rights construct a framework where Infrastructure WA is given both advisory and gatekeeping functions while the Premier retains formal decision authority. State agencies have mandatory co‑operation and alignment duties, constrained by Government response and subject to limited liability protections when failing to comply with alignment obligations (s 23(5)).

Offences and fines

Disclosure and confidentiality offences: A person must not use or disclose information obtained under the Act as outlined in section 65(1). The penalty for that offence is a fine of $10,000 (s 65(1)).
Failure to disclose material personal interests: Board members and committee members who have a material personal interest must disclose it under s 45. Failure triggers the same monetary penalty: a fine of $10,000 for contravention of s 45(1) or (2).
CEO disclosure breach: The CEO must disclose material personal interests and not act on the matter without Board authorisation; contravention attracts a fine of $10,000 (s 54(1)).

Enforcement architecture

Criminal/penal sanctions in the Act are limited to fines for non‑disclosure of conflicts and breaches of confidentiality (ss 45, 54, 65). The Act does not create a broad range of criminal sanctions for failure by State agencies to comply with alignment obligations; it expressly states that no civil or criminal liability attaches, and no invalidity arises, only because an agency or person has not complied with an obligation under s 23 (s 23(5)). That clause therefore limits enforcement against agencies for failure to align.
Removal and suspension: The Governor, on the Premier’s recommendation, may suspend or remove an appointed Board member or the CEO on grounds such as neglect of duty, misconduct, incompetence or incapacity (s 30(4); s 53(4)). The Premier must lay a statement of grounds for suspension or removal before each House of Parliament within 14 days of the action (s 30(6); s 53(6)). This provides an administrative sanctioning pathway through removal rather than criminal prosecution.
Discretionary remedies: The Premier may give written directions about performance and Infrastructure WA must comply (s 60(1)). The text requires such directions to be laid before Parliament within 14 days and included in Infrastructure WA’s annual report (s 60(3)-(4)), creating parliamentary and reputational enforcement channels.
Judicial remedies and legal immunity: The Act contains indemnity and protection provisions. Section 69(1) displaces civil claims against persons acting in good faith in the performance or purported performance of functions under the Act, except that subsection (3) clarifies Infrastructure WA or the Crown remains liable where it would otherwise be. Section 64 protects disclosure or compliance with Premier directions from claims arising as a consequence of such disclosure or duty under financial/audit law.

Public accountability and transparency enforcement

Statutory tabling requirements and timeframes create political accountability: Premier must table strategies, Government responses and directions within fixed periods (ss 15-16; s 60). Failure to table might be subject to parliamentary scrutiny rather than criminal enforcement.
Publication obligations: Infrastructure WA must publish annual work programmes and reports on implementation and make summaries of major proposal reports publicly available within set timeframes; if the Premier fails to publish a summary within six months, Infrastructure WA must do so (ss 10, 21, 24). This creates a transparency default backstop.

Limits on enforcement

Importantly, the Act expressly limits legal enforcement of alignment obligations by stating no civil or criminal liability attaches solely because of non‑compliance (s 23(5)). Similarly, although the Act mandates assessment prior to an investment decision, it also states that a failure to comply does not affect the validity of any decision in relation to a proposal (s 19(6)). These provisions reduce risks of judicial invalidation of government decisions for procedural non‑compliance and shift enforcement towards administrative and reputational mechanisms.

Cost recovery and regulatory enforcement

The regulations may authorise Infrastructure WA to recover costs from State agencies for assessing proposals and preparing strategies at the Premier’s request (s 72(2)(a)). Recovery of costs is a financial enforcement lever; regulations may set the mechanism and have effect despite contrary provisions in agencies’ establishing laws (s 72(3)).

In sum, the Act combines a modest suite of criminal fines directed at conflicts and unauthorised disclosures with administrative enforcement (suspension/removal, directions, tabling and transparency obligations) and monetary cost recovery by regulation. It also contains express non‑liability and non‑invalidity clauses that limit court‑based remedial exposure for agencies and infrastructure decisions (ss 19(6), 23(5), 69).

Direct cross‑references and application

The Act makes Infrastructure WA subject to the Financial Management Act 2006 and the Auditor General Act 2006 as to financial administration, audit and reporting (s 62). This places Infrastructure WA inside established state public finance oversight regimes and the Auditor General’s audit remit.
Infrastructure WA’s CEO is declared Infrastructure WA’s chief employee for the purposes of the Public Sector Management Act 1994 and the Board is the CEO’s employer for the Public Sector Management Act definition of employing authority (s 49(3)-(6)). The Act also amends the Public Sector Management Act 1994 (Part 6, s 77) to add Infrastructure WA to the specified schedule, formalising staffing interactions.
The Act requires Infrastructure WA to review proposals prior to their submission to Infrastructure Australia and, under Premier direction, to coordinate submissions to Infrastructure Australia (s 8(e)-(f)). That establishes interaction with Commonwealth infrastructure processes.

Priority and conflict rules

Where a State agency’s obligations under s 23 (cooperate, provide information, align strategies and implement recommendations) conflict with obligations under the Act under which it is established or continued, those obligations under s 23 prevail to the extent of the conflict (s 23(3)). This is a clear prioritisation mechanism elevating Infrastructure WA’s strategic alignment requirement over other statutory duties of agencies in case of inconsistency.
The Act provides that in the event of inconsistency between the Government response and the State Infrastructure Programme, the more recent prevails for the purpose of agency alignment obligations (s 23(2)). This creates a temporal rule for resolving inconsistencies between strategy response and the Programme.

Limitation on judicial invalidity

The Act contains explicit provisions that failure to submit major proposals to Infrastructure WA does not affect the validity of investment decisions (s 19(6)). This limits judicial remedies that might otherwise be argued on procedural grounds under general administrative law.

Confidentiality and professional privilege

State agencies may refuse to provide information when it relates to investigative, law enforcement or complaints handling functions, is subject to legal professional privilege, or would contravene a judicial order or direction (s 22(5)). Agencies must give written reasons (s 22(6)). The Act thereby preserves existing legal privilege and judicial process constraints while setting out a disclosure obligation subject to recognised exceptions.

Regulatory instruments and subordinate law

The Governor in Council may make regulations under s 72 dealing with practical and procedural details, including recovery of costs from agencies for assessments or strategy work (s 72(2)(a)), delegation of timeframes for reporting on major proposals (s 20(2) and s 72(2)), detailed consultation requirements, matters related to disclosure of material personal interests and what counts as sensitive information (s 72(2)(c)-(d)). Regulations made under s 72(2)(a) have effect despite anything in the written law under which the agency is established or governed (s 72(3)), again elevating this Act’s practical mechanisms over agency legislation.

Consequential amendments

The Act makes explicit consequential amendments to the Constitution Acts Amendment Act 1899 (adding Infrastructure WA to Schedule V), Financial Management Act 2006 Schedule 1, Planning and Development Act 2005 (deleting Schedule 2 clause 6), and Public Sector Management Act 1994 (add Infrastructure WA to Schedule 2) (Pt 6; ss 74-77). These changes integrate Infrastructure WA into the existing statutory architecture and affect reporting and governance matrices.

Interactions with Commonwealth law and Infrastructure Australia

While Infrastructure WA must review and report on proposals prior to submission to Infrastructure Australia and coordinate submissions (s 8(e)-(f)), the Act does not abrogate the Commonwealth’s processes. The Act situates Infrastructure WA as a preparatory body in the State’s decision chain feeding into Infrastructure Australia, without creating a federal power.

Overall effect on statutory landscape

The Act creates a vertical prioritisation in favour of Infrastructure WA’s processes for strategy alignment and major proposal assessment (s 23(3); s 72(3)). It also embeds Infrastructure WA within financial and public sector regulatory regimes (ss 49, 62-63). At the same time, it reduces the risk that procedural non‑compliance will be ground for invalidating decisions (s 19(6)), and retains established legal protections like privilege and judicial orders (s 22(5)). The Act therefore asserts a strong administrative coordination role while containing mechanisms that limit legal fragility of infrastructure decision making.

The text provided includes explicit amendment annotations and a compilation table that record changes to the Act and commencement timings. The Act as compiled includes amendments and later commencement orders noted in the compilation table and internal amendment notes.

Key amendment references visible in the text

Section 19 contains an amendment note: “[Section 19 amended: No. 21 of 2025 s. 102.]” This indicates a later amending Act indexed as No. 21 of 2025 amended that provision and was recorded at s 102 of that amending Act.
The compilation table records commencement dates and later enactments affecting commencement: the Act’s Part 1 came into operation on assent day, other sections mostly commenced on the day following one month after assent, but s 8(1)(b) and Part 3 Divisions 2 and 3 had later commencements by proclamation (s 2). The compilation table lists proclamation instruments: SL 2021/145 cl 2(a) commenced s 8(1)(b) and Pt 3 Div 3 on 1 January 2022; SL 2021/145 cl 2(b) commenced Pt 3 Div 2 on 1 January 2023 (compilation table). The Act’s compilation table further shows an entry for the State Development Act 2025 Pt 8 Div 3 (No. 21 of 2025) with assent on 19 December 2025 and commencement on 19 February 2026 (as per compilation table entry). That indicates inter‑Act consequential amendment interplay post‑2019.
Part 6 of the Act itself specifies consequential amendments to several Acts (ss 74-77). Those provisions are part of the original Act and record formal changes to Schedule entries in the Constitution Acts Amendment Act 1899, Financial Management Act 2006, Planning and Development Act 2005 and Public Sector Management Act 1994.

Statutory review timetable

Section 73 requires a statutory review of the operation and effectiveness of the Act by the Premier as soon as practicable after the fifth anniversary of the section’s commencement and then at intervals of not more than five years, limited to three occasions (s 73(1)-(2)). Each review report is to be laid before Parliament within 12 months after the relevant anniversary (s 73(3)). This creates a planned statutory mechanism for periodic statutory amendment consideration.

Commencement sequencing and staged implementation

The compilation table records a staggered commencement schedule: many provisions commenced on 24 July 2019, while major proposal assessment rules and State Infrastructure Programme provisions were commenced later by proclamation in 2022 and 2023 respectively. This staged rollout means amendments to operational practice and compliance obligations occurred over time.

Regulatory amendment powers

The Act delegates substantial implementation detail to regulations (s 72), including recovery of costs, circumstances for exemptions from major proposal assessments, consultation parameters, and definitions relating to material personal interest. Those regulation‑making powers permit the executive to implement operational detail without primary legislation amendments.

In short, the Act has been subject to later legislative and commencement adjustments as recorded in the compilation table and the amendment note on s 19. The Act also contains a statutory review mechanism that institutionalises periodic legislative reconsideration, and delegates practical definitional and cost‑recovery powers to regulation which may alter the Act’s operation without primary amendment. Any practitioner reviewing the Act must consult the relevant regulations and later amending Acts cited in the compilation table for the up‑to‑date operational rule set.

The source text supplied does not reference any judicial decisions, case law or litigation history. There are no cases named in the Act, and no annotated judicial interpretations included in the provided compilation. Therefore the following statements are confined to litigation‑relevant features present in the Act itself that influence the likelihood, remedies and contours of any litigation that might arise.

Limitations on judicial review and invalidity

Two provisions restrict the utility of procedural non‑compliance as grounds for judicial relief. Section 19(6) provides that a failure to comply with the major proposal assessment requirement does not affect the validity of any decision made in relation to a proposal. Section 23(5) provides that no civil or criminal liability attaches, and no invalidity arises, solely because a State agency or other person has not complied with an obligation under s 23 (agency alignment obligations). These clauses limit the scope for litigants to seek injunctive relief, quashing orders or damages on the basis of procedural non‑compliance with the Act’s assessment or alignment duties.

Administrative accountability via Parliament and removal processes

The Act channels enforcement primarily into administrative and political remedies rather than judicial remedies: the Premier must lay statements of grounds for suspension or removal of Board members and the CEO before Parliament within 14 days of action (ss 30(6), 53(6)). Directions given by the Premier must be tabled (s 60(3)). Statutory tabling and reporting requirements produce parliamentary oversight rather than private party litigation opportunities.

Confidentiality and disclosure offences

The Act creates specific penal fines for breach of disclosure and conflict rules (ss 45, 54, 65). These are monetary penalties and so may give rise to prosecution by the state under the Act’s terms. The Act also contains authorised uses of information (s 66) and carve outs preserving privilege and judicial directions (s 22(5)), which would likely be central issues in any prosecution or civil action concerning alleged unlawful disclosures.

Legal immunities and protections

Section 69 provides broad protection from civil action against persons (other than Infrastructure WA) doing anything in good faith in the performance or purported performance of a function under the Act. That protection reduces litigation risk for individuals acting in good faith but is subject to the residual liability of Infrastructure WA and the Crown (s 69(3)). Section 64 provides protection for disclosure or compliance with Premier directions or audit duties. These provisions could figure in litigation as jurisdictional bars or defences.

Potential avenues for litigation

Although procedural non‑compliance provisions limit invalidity arguments, litigation may still arise in conventional public law domains: alleged failures to observe natural justice or legal procedural fairness where the Act does not specify outcome determinative procedural protections; disputes over whether a particular proposal falls within the major infrastructure proposal definition (s 3); claims concerning misuse of confidential information or breaches of s 65 where the authorised use exceptions are contested; or challenge to regulations made under s 72 on grounds they exceed delegated power or are inconsistent with primary legislation. The Act’s internal saving clauses and immunity provisions will be central in litigating such claims.

Absence of precedent in source

The text contains no judicial interpretations, so practitioners must rely on general administrative law principles and the statutory text for assessing litigation prospects. The Act’s express non‑invalidity and non‑liability clauses will be primary statutory defences for respondents in litigation arising from procedural non‑compliance, while the offences and protections on disclosure will shape prosecutorial and civil claims about information misuse.

Practitioners should therefore approach litigation prospects by reference to the statutory text: identify whether the cause of action intersects directly with express statutory prohibitions or penalties (ss 45, 54, 65), whether statutory immunities apply (s 69), and whether the claim is seeking relief that the Act expressly forecloses (ss 19(6), 23(5)). Any legal challenge involving functions shared with Commonwealth levels (Infrastructure Australia) must also consider Commonwealth jurisdictional boundaries and applicable federal law.

This Act contains several provisions that function as potential compliance traps or operational surprises for agencies, board members, staff and advisers. The following are concrete mechanics to watch for.

Mandatory submission of major proposals, but no invalidity remedy

Agencies must submit major infrastructure proposals to Infrastructure WA before the investment decision (s 19(2)). However the Act simultaneously provides that a failure to comply does not affect the validity of any decision relating to the proposal (s 19(6)). Practically, this means a State agency that proceeds without submission is not necessarily exposed to judicial nullification of its decision. The effect is that the obligation creates an administrative expectation and reputational risk rather than guaranteeing a court‑based remedy.

Agencies must align strategies but face limited enforceability

Section 23 requires State agencies to align their strategies and plans with recommendations in the State Infrastructure Strategy and relevant parts of the State Infrastructure Programme, to the extent the recommendations are supported by the Government response (s 23(1)(c)). But s 23(5) expressly states that neither civil nor criminal liability, nor invalidity, arises solely because of a failure to comply. This creates a situation where agencies have a statutory duty but limited legal enforcement, shifting enforcement to political, reputational and administrative levers.

Board composition balance constrains government employees

The Premier must ensure the number of Board members who are government employees does not exceed non‑government employees and meetings cannot proceed if present government employees would outnumber non‑government employees (s 26(4); s 36). This creates scheduling and appointment constraints: the Premier must appoint sufficient independent members and avoid potential quorum paralysis when government employee members dominate availability.

Conflict rules carry fines and are strictly drafted

Board and committee members must disclose material personal interests promptly (s 45). Failure attracts a $10,000 fine. Members with a material personal interest must not vote or be present when the matter is considered (s 46). The Board can permit participation in narrow circumstances but not where the interest is a direct or indirect financial interest (s 47). Practitioners should observe that the Act treats disclosure as a statutory obligation with financial sanction.

Confidentiality offences and authorised disclosure exceptions

Section 65 creates a $10,000 penalty for misuse or unauthorised disclosure of information obtained under the Act. Section 66 provides authorised circumstances for disclosure that include performing functions under the Act or another law, or under judicial processes. Section 67 prohibits Infrastructure WA and the Premier from making sensitive or private sensitive information publicly available, with limited exceptions. Agencies must label information as sensitive at the time of providing it and give reasons in writing (s 22(3)-(4)). Operationally this requires careful classification and record keeping: poor marking or sloppy handling could trigger criminal exposure.

Premier’s wide access to information and staff

The Premier is entitled to have information in Infrastructure WA’s possession, to make and retain copies and to make use of Infrastructure WA’s staff to obtain information (s 61). Infrastructure WA must comply and provide staff and facilities as requested (s 61(3)-(4)). This creates executive access rights to confidential material that may be broader than customary internal access lines; confidentiality exceptions under s 67 limit publication but not internal access by the Premier.

Regulations may override agency establishing laws for cost recovery

The regulations may permit Infrastructure WA to recover costs from a State agency for assessments and work done at the Premier’s request (s 72(2)(a)). Section 72(3) states such regulations have effect despite anything in the written law under which the agency is established. This means agencies cannot rely on incompatible provisions in their own Acts to resist cost recovery arrangements put in place by regulation.

Premier directions must not specify document content but are otherwise broad

The Premier may give written directions about performance of Infrastructure WA’s functions and Infrastructure WA must give effect (s 60(1)). However s 60(2) bars directions about the particular performance of a function or the content of any strategy, advice, report, guideline or other document. The line between permissible performance directions and impermissible content directions is operationally important and potentially contentious.

CEO appointment and external employment constraints

The CEO is appointed by Governor on the Premier’s recommendation after Board consultation, and the Premier may recommend even without a Board nomination after three months (s 50). The CEO must not engage in outside paid employment without the Board’s written approval (s 56). For potential candidates moving from the Public Service, s 55 preserves entitlements but the CEO is not to become a member of the Senior Executive Service (s 49(5)) and the position is treated as prescribed under the Salaries and Allowances Act for remuneration purposes (s 52).

Record keeping and public availability obligations with limited redaction powers

Infrastructure WA must make many documents publicly available (annual work programme, strategies, reports and summaries), but s 10(6) permits redaction of confidential material prior to publication. Section 67 prohibits publishing sensitive information and the Premier cannot publish private sensitive information. Agencies providing information should specify sensitivity and reasons in writing (s 22(3)-(4)). Failing to classify or to provide adequate reasons risks unwanted disclosure or prosecution.

These mechanics create a compliance landscape where administrative obligations are robustly stated in text but enforcement often relies on administrative levers rather than courts. The combination of statutory fines for conflict and confidentiality breaches, broad executive access rights and regulatory cost‑recovery powers can produce concentrated costs for particular actors even while the Act limits private litigation remedies.

This section sets out concrete, section‑grounded steps and practical controls for the main affected actors: State agencies, Infrastructure WA (Board and CEO), the Premier’s office, and Board members. The steps draw directly on the Act’s mandatory requirements.

For State agencies (including government trading enterprises)

Identify whether a proposal is a “major infrastructure proposal” as defined (s 3). Projects with estimated capital cost of $100 million or more, projects nominated by the Premier or prescribed classes fall within the definition. If a proposal meets the definition, do not finalise the investment decision without submitting to Infrastructure WA (s 19(1)-(2)).
Respond promptly to information requests from Infrastructure WA. If you consider some information confidential, sensitive or subject to privilege, identify it in writing at the time of provision, give reasons and be as specific as practicable (s 22(3)-(4)). If your agency declines to provide information under the exceptions in s 22(5), provide written reasons (s 22(6)).
Align your agency’s strategies, plans and policies with the recommendations in the State Infrastructure Strategy and relevant parts of the State Infrastructure Programme to the extent the Government response supports them. Keep documentary records showing how recommendations were considered and the basis for alignment decisions, because the Act requires alignment but limits civil/criminal liability for failure,administrative justification will be important for parliamentary scrutiny (s 23(1)(c); s 23(5)).
If your agency will submit proposals to the Commonwealth’s Infrastructure Australia, engage Infrastructure WA early since the Act requires Infrastructure WA review and reporting before such submission (s 8(e)-(f)).
Budget for potential cost recovery. Regulations may permit Infrastructure WA to recover costs for assessing proposals or preparing work for agencies (s 72(2)(a)). Ensure internal budget allocations for possible fees or charging arrangements.

For Infrastructure WA Board and CEO

Follow the statutory process for strategy development. Make a public draft and undertake public consultation prior to submitting the State Infrastructure Strategy to the Premier (s 13(4)). Ensure the strategy includes the mandated content: at least a 20‑year horizon, objectives, recommended projects/programmes/options, funding/financing options and relative priorities (s 14).
Observe statutory submission and timeline rules: once submitted, expect the Premier to accept or return the strategy within 60 days; be prepared to respond to feedback if the strategy is returned (s 15). Keep records of feedback and Infrastructure WA’s responses.
Prepare and publish an annual work programme in consultation with the Premier, submit before the financial year and remove confidential material before public release (s 10).
Prepare assessment guidelines for major proposals in consultation with the Premier and publish them (s 21(1)-(2)). Include realistic negotiated timeframes and be ready to apply regulations or default timeframes when in force (s 20; s 72).
Protect sensitive information. Do not include sensitive information in documents intended for public release, such as the State Infrastructure Strategy, summaries of major proposal reports, or implementation reports (s 67(3)). Maintain records of disclosures and classifications as required by s 45(6).
Ensure Board composition and meeting rules are respected. Do not proceed to a meeting if government employees present would outnumber non‑government employees (s 26(4); s 36). Track quorum calculations and the special quorum rule that allows reduction by one where conflicts exclude a member, provided at least three voting members remain (s 48).
Maintain minutes that record disclosures and abstentions on request (s 42). Keep a register of disclosures of financial interests for inspection on request (s 45(6)).
Enforce conflict of interest rules: require prompt disclosure under s 45, prevent voting and presence where material personal interests apply (s 46), and if appropriate, pass resolutions under s 47 when a member’s interest is non‑financial and deemed not to unduly influence conduct.

For the Premier’s office

Observe statutory timeframes: accept or return strategies within 60 days (s 15(1)); prepare a Government response within six months of the strategy being laid (s 16(3)); prepare State Infrastructure Programmes and publish them within three months of the State Budget event (s 18(2)).
Exercise direction powers carefully. Directions may concern performance but cannot dictate content of particular strategies, advice or reports (s 60(1)-(2)). Keep directions in writing, lay them before Parliament within 14 days and ensure the text is included in Infrastructure WA’s annual report (s 60(3)-(4)).
Use Premier access rights responsibly and document the legal basis when requesting copies of documents and staff assistance under s 61 to avoid later disputes about unauthorised disclosure.

For Board members, committee members and the CEO

Disclose material personal interests promptly at meetings and in accordance with the Act’s disclosure rules (s 45). Record disclosures in minutes and ensure Infrastructure WA maintains a record of disclosures for inspection (s 45(5)-(6)).
Refrain from voting and from presence during consideration of matters where the member has a material personal interest (s 46). If a member or committee wishes to seek a s 47 resolution enabling participation, ensure the interest is not a direct or indirect financial interest and the resolution specifies the member, the interest and the matter and records that those voting are satisfied the interest is not significant enough to unduly influence the member (s 47).
Comply with confidentiality and authorised disclosure rules. Treat information obtained through the office as confidential unless an authorised exception applies under s 66. Understand the limited circumstances where disclosure is permitted and rely on legal advice before publishing or using sensitive material.

For legal, procurement and compliance teams

Implement classification and information handling procedures aligned with s 22 and s 67. Ensure suppliers and contractors are bound by confidentiality clauses in line with the Act’s offences and exceptions.
Review contract terms with private parties in State agency submissions to ensure sensitive commercial information is properly marked and excluded from public releases where appropriate under s 67(6) and s 22(3)-(4).
Ensure procurement timelines account for Infrastructure WA assessment timeframes and negotiate agreed timeframes early with Infrastructure WA to avoid delays (s 20(1)).

Record keeping and audit readiness

Expect the Financial Management Act and Auditor General Act to apply to Infrastructure WA (s 62). Keep financial records in the Infrastructure WA Account and be prepared for audit scrutiny (s 63).
Include directions, Premier requests, and records of consultation, classification decisions and cost recovery invoices in the annual report material and ensure that the report addresses items specified in s 72(2)(e) if regulations impose additional annual report content.

Regulatory compliance

Monitor regulations made under s 72 for detail on timeframes, cost recovery, consultation requirements and definitions affecting material personal interests. These regulations may have substantive effects and may override inconsistent provisions in agencies’ founding Acts for cost recovery (s 72(3)).

Following these steps grounded in the statutory text will materially reduce exposure to the Act’s penalties, align practice with mandatory timeframes and transparency obligations, and manage the practical interface between Infrastructure WA, State agencies and the Premier.

Deep Dive

What it does

Current sections