Version incorporating amendments as at
20 August 2025
table of provisions
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
Part 2—Local Jobs First—application and obligations 7
4 The Local Jobs First Policy 7
4A Compliance with Local Jobs First 8
4B Non-contestable projects 8
4C Emergency exemptions 9
5 Local Jobs First Policy objectives 10
6 Local Jobs First Policy principles 11
7 Local Jobs First Policy to be consistent with other requirements 12
7A Power to declare a project a standard project or a strategic project 13
7B Determination of requirements for strategic projects and standard projects 13
7C Major Projects Skills Guarantee requirements 14
7D Local Industry Development Plan 14
7E Weighting of commitments to Local Jobs First 15
8 Publication of Local Jobs First Policy 15
9 Agencies to report on compliance with Local Jobs First 16
10 Minister to report on implementation of Local Jobs First 16
11 Agencies to provide information to Minister 17
Part 3—Local Jobs First Commissioner 18
Division 1—Appointment of Local Jobs First Commissioner 18
12 Local Jobs First Commissioner 18
13 Terms and conditions of appointment 18
14 Acting Commissioner 18
15 Vacancy and resignation 19
16 Removal from office 19
Division 2—Powers and functions of Local Jobs First Commissioner 20
17 Power of Commissioner 20
18 Functions of Commissioner 20
19 Commissioner subject to Ministerial direction 21
20 Delegation 22
21 Assistance to be provided 22
Part 4—Requests for information from agencies 23
22 Requests for information from agencies 23
23 Audits by agencies 23
Part 5—Enforcement of Local Jobs First Policy and other matters 24
Division 1—Information gathering and compliance powers 24
24 Power to request information or documents from persons 24
25 No requirement to pay fees 25
26 Power to issue a compliance notice 25
27 Responding to a compliance notice 26
28 Commissioner may make determination 26
29 Adverse Publicity Notices 28
Division 2—Injunctions or other enforcement action 28
30 Commissioner may recommend an agency seeks an injunction or other enforcement action 28
Part 6—General 30
31 Annual report to Minister 30
32 Immunity 30
32A Regulations 30
32B Transitional regulations 32
Part 7—Transitional provisions 34
33 Transitional provision—title to Act 34
34 Transitional provision—report under section 9 34
35 Transitional provision—report under section 10 34
Endnotes 36
1 General information 36
2 Table of Amendments 38
3 Explanatory details 39
Version No.008
Local Jobs First Act 2003
No. 72 of 2003
Version incorporating amendments as at
20 August 2025
The Parliament of Victoria enacts as follows:
Pt 1 (Heading) inserted by No. 35/2018 s. 5.
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
S. 1(a) amended by No. 35/2018 s. 6(1).
(a) to provide for the development and implementation of a Local Jobs First Policy; and
S. 1(b) amended by No. 35/2018 s. 6(2), substituted by No. 31/2025 s. 24(1).
(b) to require reports to Parliament on the implementation of, and government agencies' compliance with, Local Jobs First; and
S. 1(c) inserted by No. 35/2018 s. 6(3).
(c) to establish the office of the Local Jobs First Commissioner; and
S. 1(d) inserted by No. 35/2018 s. 6(3).
(d) to confer functions on the Local Jobs First Commissioner under this Act; and
S. 1(e) inserted by No. 35/2018 s. 6(3), amended by No. 31/2025 s. 24(2).
(e) to provide for compliance with and enforcement of Local Jobs First and Local Industry Development Plans.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 January 2004, it comes into operation on that day.
3 Definitions
(1) In this Act—
S. 3(1) def. of Adverse Publicity Notice inserted by No. 35/2018 s. 7(1)(a).
Adverse Publicity Notice means a notice issued under section 29(1);
agency means—
(a) a department; or
(b) a public body—
within the meaning of the Financial Management Act 1994;
S. 3(1) def. of Commis-sioner inserted by No. 35/2018 s. 7(1)(a).
Commissioner means the Local Jobs First Commissioner appointed under section 12;
S. 3(1) def. of compliance notice inserted by No. 35/2018 s. 7(1)(a).
compliance notice means a notice issued under section 26(1);
S. 3(1) def. of Department amended by Nos 43/2012 s. 3(Sch. item 56.1), 70/2013 s. 4(Sch. 2 item 55.1), substituted by Nos 35/2018 s. 7(1)(b), 31/2025 s. 25(2).
Department means the Department of Jobs, Skills, Industry and Regions;
S. 3(1) def. of Department Head inserted by No. 35/2018 s. 7(1)(a).
Department Head has the same meaning as in section 4(1) of the Public Administration Act 2004;
S. 3(1) def. of information notice inserted by No. 35/2018 s. 7(1)(a).
information notice means a notice issued under section 24(2);
S. 3(1) def. of local content inserted by No. 35/2018 s. 7(1)(a).
local content means—
(a) goods that are produced by local industry; or
(b) services that are supplied by local industry; or
(c) construction activities carried out by local industry;
local industry means industry and other businesses based in Australia or New Zealand;
S. 3(1) def. of Local Industry Development Plan inserted by No. 35/2018 s. 7(1)(a).
Local Industry Development Plan means a plan submitted under section 7D;
S. 3(1) def. of Local Jobs First inserted by No. 31/2025 s. 25(1).
Local Jobs First means the scheme established under this Act and set out in—
(a) this Act and the regulations; and
(b) the Local Jobs First Policy;
S. 3(1) def. of Local Jobs First Policy inserted by No. 35/2018 s. 7(1)(a).
Local Jobs First Policy means the Local Jobs First Policy referred to in section 4;
S. 3(1) def. of Major Projects Skills Guarantee inserted by No. 35/2018 s. 7(1)(a).
Major Projects Skills Guarantee means the policy referred in section 4(6);
S. 3(1) def. of non-contestable project inserted by No. 31/2025 s. 40.
non-contestable project means a standard project or a strategic project that is determined to be non-contestable in accordance with section 4B;
S. 3(1) def. of rural and regional Victoria inserted by No. 35/2018 s. 7(1)(a).
rural and regional Victoria has the same meaning as in the Regional Development Victoria Act 2002;
S. 3(1) def. of standard project inserted by No. 35/2018 s. 7(1)(a).
standard project means the following—
(a) a project with a budget of $1 million or more that is for the benefit of an area that is wholly in rural and regional Victoria;
(b) a project with a budget of $3 million or more that is for the benefit of an area that is wholly outside rural and regional Victoria;
(c) a project with a budget of $3 million or more that is for the benefit of an area that includes rural and regional Victoria and an area outside rural and regional Victoria;
(d) any other project with a budget of less than $3 million declared by the Minister to be a standard project under section 7A(1);
S. 3(1) def. of strategic project inserted by No. 35/2018 s. 7(1)(a).
strategic project means—
(a) a project with a budget of $50 million or more; or
(b) any other project with a budget of less than $50 million declared by the Minister to be a strategic project under section 7A(2);
S. 3(1) def. of total content inserted by No. 35/2018 s. 7(1)(a).
total content means goods, services or construction activities for a standard project or a strategic project;
S. 3(1) def. of Victorian Industry Participation Policy inserted by No. 35/2018 s. 7(1)(a).
Victorian Industry Participation Policy means the policy referred to in section 4(5).
S. 3(1) def. of VIPP repealed by No. 35/2018 s. 7(1)(c).
S. 3(2) amended by Nos 43/2012 s. 3(Sch. item 56.2), 70/2013 s. 4(Sch. 2 item 55.2), 35/2018 s. 7(2).
(2) If the name of the Department of Economic Development, Jobs, Transport and Resources is changed, a reference in the definition of Department in subsection (1) to that Department is taken, after the change, to be a reference to the Department by its new name.
Pt 2 (Heading) inserted by No. 35/2018 s. 8, substituted by No. 31/2025 s. 26.
Part 2—Local Jobs First—application and obligations
S. 4 (Heading) substituted by No. 35/2018 s. 9(1).
4 The Local Jobs First Policy
(1) The Victorian Government must develop and implement a policy with respect to the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded (whether wholly or partially) by the State.
S. 4(2) amended by No. 35/2018 s. 9(2).
(2) The policy is to be known as the Local Jobs First Policy.
S. 4(3) substituted by No. 31/2025 s. 27.
(3) The policy may include any guidelines or material prepared by the Minister regarding the application of, and procedures to be followed in complying with, this Act, the regulations or the policy.
S. 4(4) inserted by No. 35/2018 s. 9(3).
(4) The Local Jobs First Policy is comprised of—
(a) the Victorian Industry Participation Policy; and
(b) the Major Projects Skills Guarantee.
S. 4(5) inserted by No. 35/2018 s. 9(3).
(5) The Victorian Industry Participation Policy is an industry development policy designed to ensure small and medium-sized enterprises are given full and fair opportunity to compete for Victorian government contracts.
S. 4(6) inserted by No. 35/2018 s. 9(3).
(6) The Major Projects Skills Guarantee is a policy that provides job opportunities for apprentices, trainees and cadets on high value construction projects.
S. 4A (Heading) amended by No. 31/2025 s. 41(1).
S. 4A inserted by No. 35/2018 s. 10.
4A Compliance with Local Jobs First
S. 4A(1) amended by No. 31/2025 s. 41(2).
(1) A person or agency to which Local Jobs First applies must comply with Local Jobs First.
S. 4A(2) substituted by No. 31/2025 s. 45(1).
(2) An agency must ensure that a contract for a standard project or a strategic project requires a person providing goods, services or construction activities under the contract to comply with—
(a) Local Jobs First; and
(b) the Local Industry Development Plan.
S. 4A(3) amended by No. 31/2025 s. 45(2).
(3) Despite subsections (1) and (2)(a) and (b), the Minister may exempt an agency from the requirements of Local Jobs First in respect of a standard project or a strategic project if the Minister is satisfied that exceptional circumstances apply.
S. 4A(4) inserted by No. 31/2025 s. 41(3).
(4) For the purposes of this section, Local Jobs First is taken not to apply to an agency in relation to a standard project or a strategic project for which the agency has obtained a determination under section 4B that the project is non-contestable.
S. 4B inserted by No. 31/2025 s. 42.
4B Non-contestable projects
(1) Before undertaking a tender process for a standard project or a strategic project, an agency must obtain, in the manner set out in the Local Jobs First Policy, a determination whether the project is a non-contestable project within the meaning of subsection (2).
(2) A standard project or a strategic project is a non-contestableproject if—
(a) either—
(i) it is not practicable for local industry to provide or carry out goods or services required for the project as a whole on a genuinely competitive basis; or
(ii) it is not practicable for goods or services required for the project as a whole to be provided or carried out on a genuinely competitive basis except by local industry; and
(b) the project meets any requirements for non-contestable projects specified in the Local Jobs First Policy.
(3) Guidelines referred to in section 4(3) may include processes for, and matters that must be considered during, determinations under subsection (1).
S. 4C inserted by No. 31/2025 s. 42.
4C Emergency exemptions
(1) Local Jobs First does not apply to a person or an agency in respect of a standard project or a strategic project if the procurement of goods or services for the project is—
(a) carried out in accordance with any relevant emergency procurement plan that is in force; and
(b) carried out for the purposes of the response to, or recovery from, an emergency; and
(c) consistent with any relevant supply policy.
(2) In this section—
emergency has the same meaning as in the Emergency Management Act 2013;
emergency procurement plan means a plan—
(a) for the procurement of goods and services in response to an emergency; and
(b) prepared by an agency in accordance with a supply policy;
supply policy means a supply policy made under section 54L of the Financial Management Act 1994.
S. 5 (Heading) amended by No. 35/2018 s. 11(1).
S. 5 amended by Nos 35/2018 s. 11(2), 31/2025 s. 22(2) (ILA s. 39B(1)).
5 Local Jobs First Policy objectives
(1) In developing the Local Jobs First Policy, regard must be had to the following objectives—
(a) promoting employment and business growth by expanding market opportunities for local industry;
S. 5(1)(ab) inserted by No. 31/2025 s. 22(1).
(ab) providing Aboriginal businesses with equitable opportunities to participate in projects undertaken or funded (whether wholly or partially) by the State;
S. 5(1)(ac) inserted by No. 31/2025 s. 22(1).
(ac) encouraging the participation of small and medium-sized enterprises based in regional areas in projects undertaken or funded (whether wholly or partially) by the State;
S. 5(1)(ad) inserted by No. 31/2025 s. 22(1).
(ad) encouraging the use of local content at each stage of construction or manufacturing projects undertaken or funded (whether wholly or partially) by the State, including but not limited to project planning, design and execution;
S. 5(1)(ae) inserted by No. 31/2025 s. 22(1).
(ae) promoting the use of standards published by or on behalf of Standards Australia in projects undertaken or funded (whether wholly or partially) by the State;
S. 5(1)(af) inserted by No. 31/2025 s. 22(1).
(af) ensuring that the processes and mechanisms for tenders and procurements for projects undertaken or funded (whether wholly or partially) by the State are structured and designed to provide fair and reasonable opportunities for local industry participation;
(b) providing contractors with increased access to, and raised awareness of, local industry capability;
(c) exposing local industry to world's best practice in workplace innovation, e‑commerce and use of new technologies and materials;
(d) developing local industry's international competitiveness and flexibility in responding to changing global markets by giving local industry a fair opportunity to compete against foreign suppliers.
S. 5(2) inserted by No. 31/2025 s. 22(2).
(2) In this section—
Aboriginal business has the prescribed meaning (if any);
processes and mechanisms, in relation to a tender or procurement, includes (but is not limited to) the documents and specifications relating to the tender or procurement.
S. 6 (Heading) amended by No. 35/2018 s. 12(1).
S. 6 amended by Nos 35/2018 s. 12(2), 31/2025 s. 23 (ILA s. 39B(1)).
6 Local Jobs First Policy principles
(1) The Local Jobs First Policy is to take into account and be consistent with the following principles relating to procurement, tendering and the provision of financial assistance by the State—
(a) value for money should be the primary consideration in purchasing and supply decisions;
(b) tendering mechanisms and processes should be open, clear and accountable.
S. 6(2) inserted by No. 31/2025 s. 23.
(2) In this section—
value for money has the same meaning as in—
(a) in relation to procurement of or tendering for goods or services, the supply policy under section 54L of the Financial Management Act 1994 that applies with respect to the procurement or tender; or
(b) in relation to procurement of or tendering for construction activities, the standard or direction under Part 4 of the Project Development and Construction Management Act 1994 that relates to the procurement or tender; or
(c) if there is no meaning given to value for money by a supply policy or standard or direction described in paragraph (a) or (b) (as appropriate), any prescribed definition.
S. 7 (Heading) amended by No. 35/2018 s. 13(1).
S. 7 amended by No. 35/2018 s. 13(2).
7 Local Jobs First Policy to be consistent with other requirements
The Local Jobs First Policy must be consistent with—
(a) any supply policies under section 54L of the Financial Management Act 1994; and
(b) any standards or directions under Part 4 of the Project Development and Construction Management Act 1994; and
(c) the obligations of the State under any conventions, treaties or other international agreements to which Australia is a party.
S. 7A inserted by No. 35/2018 s. 14.
7A Power to declare a project a standard project or a strategic project
(1) The Minister may declare a project with a budget of less than $3 million to be a standard project.
(2) The Minister may declare a project with a budget of less than $50 million to be a strategic project.
S. 7B inserted by No. 35/2018 s. 14.
7B Determination of requirements for strategic projects and standard projects
(1) The Minister must determine local content requirements for strategic projects.
(2) For the purposes of subsection (1), the Minister must determine the minimum percentage of value of the total content of strategic projects that must be local content.
(3) The minimum percentage determined by the Minister under subsection (2) must be no less than—
(a) 90% for a strategic project that is a construction project; or
(b) 80% for a strategic project that is a services project or a maintenance project; or
(c) 80% for the maintenance or operations phase of a strategic project.
(4) The Minister may determine other matters relating to strategic projects, including but not limited to—
(a) requirements to maximise the use of steel products produced by local industry; or
(b) requirements to use a specified amount of steel products produced by local industry; or
(c) requirements to maximise the use of uniform and personal protective equipment produced by local industry; or
S. 7B(4)(ca) inserted by No. 31/2025 s. 47.
(ca) requirements to use a specified amount of uniform and personal protective equipment produced by local industry; or
(d) any other requirements or conditions.
(5) The Minister may determine local content requirements for standard projects.
(6) The Minister may determine other matters relating to standard projects, including but not limited to requirements and conditions.
S. 7B(7) inserted by No. 31/2025 s. 43.
(7) Without limiting anything in this section, the Minister, when making a determination under this section, may have regard to any of the Local Jobs First Policy objectives set out in section 5.
S. 7C inserted by No. 35/2018 s. 14.
7C Major Projects Skills Guarantee requirements
(1) The Major Projects Skills Guarantee applies to—
(a) standard projects that are construction projects with a budget of $20 million or more; and
(b) strategic projects that are construction projects.
(2) The Major Projects Skills Guarantee—
(a) requires apprentices, trainees or cadets to be engaged for a minimum of 10% of the total number of estimated hours of work on the project; and
(b) may include other requirements or conditions determined by the Minister.
S. 7D inserted by No. 35/2018 s. 14.
7D Local Industry Development Plan
(1) A person tendering for a contract for a standard project or a strategic project must submit a plan (a Local Industry Development Plan) that complies with subsection (2)—
(a) to the agency responsible for the project; and
(b) to the Department.
(2) A Local Industry Development Plan submitted under subsection (1) must—
S. 7D(2)(a) amended by No. 31/2025 s. 28.
(a) specify how the requirements of Local Jobs First will be met; and
(b) identify total content and local content for the project; and
(c) include any other matter required to be included in the Plan by the Local Jobs First Policy.
(3) An agency must not accept a tender that does not include a Local Industry Development Plan.
(4) If a person's tender is accepted, the person must comply with the Local Industry Development Plan.
S. 7E (Heading) amended by No. 31/2025 s. 29.
S. 7E inserted by No. 35/2018 s. 14.
7E Weighting of commitments to Local Jobs First
In evaluating a tender for a contract for a standard project or a strategic project, an agency must give weighting to the following parts in the specified amounts—
(a) 10% for industry development, including commitments made in relation to the Victorian Industry Participation Policy;
(b) 10% for job outcomes, including, if applicable, job outcomes provided by the Major Projects Skills Guarantee.
S. 8 amended by No. 35/2018 s. 15, substituted by No. 31/2025 s. 30.
8 Publication of Local Jobs First Policy
The Minister must ensure that the Local Jobs First Policy, as in force from time to time, is published on an Internet site.
S. 9 (Heading) amended by Nos 35/2018 s. 16(1), 31/2025 s. 31(1).
9 Agencies to report on compliance with Local Jobs First
S. 9(1) amended by Nos 35/2018 s. 16(2), 31/2025 s. 31(2).
(1) Each agency must include in its report of operations under Part 7 of the Financial Management Act 1994 a report on the agency's compliance with Local Jobs First in the financial year to which the report of operations relates.
(2) Directions under section 8 of the Financial Management Act 1994 may include directions as to the form and content of the report required by subsection (1).
S. 9(3) inserted by No. 35/2018 s. 16(3).
(3) Each agency must provide the information included in a report under subsection (1) to the Department no later than 6 weeks after the end of the financial year to which the report relates.
S. 10 (Heading) amended by Nos 35/2018 s. 17(1), 31/2025 s. 32(1).
10 Minister to report on implementation of Local Jobs First
S. 10(1) amended by Nos 35/2018 s. 17(2), 31/2025 s. 32(2).
(1) The Minister must make a report to Parliament for each financial year on the implementation of Local Jobs First during that year.
(2) The report is to be in the form, and contain the information, determined by the Minister.
S. 10(2A) inserted by No. 35/2018 s. 17(3).
(2A) The Minister must include in the report any recommendations made by the Commissioner under section 28(3)(a).
(3) The Minister must cause the report for a financial year to be laid before each House of Parliament on or before 30 November next following that financial year.
11 Agencies to provide information to Minister
An agency must, on request, provide the Minister with any information the Minister requires for the purpose of making a report under section 10.
Pt 3 (Headings and ss 12–21) inserted by No. 35/2018 s. 18.
Part 3—Local Jobs First Commissioner
Division 1—Appointment of Local Jobs First Commissioner
S. 12 inserted by No. 35/2018 s. 18.
12 Local Jobs First Commissioner
The Minister may appoint, by instrument, a person as the Local Jobs First Commissioner (the Commissioner).
S. 13 inserted by No. 35/2018 s. 18.
13 Terms and conditions of appointment
(1) The appointment of the Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment.
(2) The appointment of the Commissioner is to be on the terms and conditions set out in the instrument of appointment.
(3) The Commissioner is entitled to be paid remuneration and allowances determined by the Minister.
(4) The Commissioner may hold office on a full‑time or part-time basis.
(5) The Commissioner may be reappointed.
(6) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Commissioner in respect of the office of the Commissioner.
S. 14 inserted by No. 35/2018 s. 18.
14 Acting Commissioner
(1) The Minister may appoint a person to act as the Commissioner—
(a) during a vacancy in the office of the Commissioner; or
(b) during any period, not exceeding 12 months, when the Commissioner is absent from duty or, for any other reason, unable to perform the duties of that office.
(2) The appointment is to be on the terms and conditions set out in the instrument of appointment.
(3) A person acting as the Commissioner has all the powers and may perform all the functions and duties conferred by this Act or any other Act on the Commissioner.
(4) The Minister may revoke the appointment of a person acting as the Commissioner at any time.
S. 15 inserted by No. 35/2018 s. 18.
15 Vacancy and resignation
The Commissioner ceases to hold office if the Commissioner—
(a) resigns by notice in writing signed and delivered to the Minister; or
(b) becomes insolvent under administration; or
(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(d) nominates for election for or is elected to—
(i) the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or
S. 15(d)(ii) amended by No. 9/2020 s. 390(Sch. 1 item 65).
(ii) a Council, within the meaning of the Local Government Act 2020; or
(e) is removed from office under section 16.
S. 16 inserted by No. 35/2018 s. 18.
16 Removal from office
The Minister may remove the Commissioner from office on any of the following grounds—
(a) any neglect of the Commissioner in carrying out the duties of office;
(b) any misconduct by the Commissioner in carrying out the duties of office;
(c) an inability of the Commissioner to perform the duties of office;
(d) a conflict of interest of the Commissioner when carrying out the duties of office;
(e) the Commissioner engaging in paid employment outside the duties of office without the Minister's consent.
Division 2—Powers and functions of Local Jobs First Commissioner
S. 17 inserted by No. 35/2018 s. 18.
17 Power of Commissioner
Subject to this Act, the Commissioner has the power to do all things necessary or convenient to be done for or in connection with the functions of the Commissioner under this Act or any other Act.
S. 18 inserted by No. 35/2018 s. 18.
18 Functions of Commissioner
The Commissioner has the following functions—
S. 18(a) amended by No. 31/2025 s. 33(1).
(a) to promote Local Jobs First across agencies and local industry;
(b) to collaborate with agencies and external service providers to assist businesses in targeting companies and workers in specific sectors and regions;
(c) to work with agencies to improve Victorian industry access to current and future government procurement opportunities;
(d) to advocate for the private sector and local government to procure goods and services from Victorian industry, employ local workers and enhance the skills of local workers;
(e) to work with Victorian industry and employee organisations to facilitate collaborations between contractors and the training sector to build skills development in relation to project
delivery;
S. 18(f) amended by No. 31/2025 s. 33(1).
(f) to provide strategic advice on issues related to Local Jobs First, particularly on actions to grow participation by local industry in government activities in the short-term, medium-term and long-term;
(g) to support the development of and provide advice on government procurement policies and initiatives;
S. 18(h) amended by No. 31/2025 s. 33(2).
(h) to monitor and report on compliance with Local Jobs First and Local Industry Development Plans;
S. 18(i) amended by No. 31/2025 s. 33(3).
(i) to take enforcement action in relation to breaches of Local Jobs First and Local Industry Development Plans;
(j) any other functions conferred on the Commissioner.
S. 19 inserted by No. 35/2018 s. 18.
19 Commissioner subject to Ministerial direction
The Commissioner must exercise the powers and perform the functions of the Commissioner under this Act or any other Act subject to any written directions given by the Minister.
S. 20 inserted by No. 35/2018 s. 18.
20 Delegation
The Commissioner may delegate, by instrument, any power of the Commissioner under this Act or any other Act, other than this power of delegation, to any person who is employed under the Public Administration Act 2004 and has the necessary skills to exercise that power.
S. 21 inserted by No. 35/2018 s. 18.
21 Assistance to be provided
(1) The Commissioner may make a request in writing to the Department Head for assistance in connection with the reasonable performance of the Commissioner's functions.
(2) The Department Head must ensure that the Commissioner is provided with any assistance that the Commissioner reasonably requires.
Pt 4 (Heading and ss 22, 23) inserted by No. 35/2018 s. 18.
Part 4—Requests for information from agencies
S. 22 inserted by No. 35/2018 s. 18.
22 Requests for information from agencies
(1) If the Commissioner believes on reasonable grounds that an agency has information or a document that is relevant to the performance of the functions of the Commissioner, the Commissioner may request in writing that the agency provide the specified information or specified document to the Commissioner.
(2) An agency that receives a written request for information or a document under subsection (1) may provide the specified information or specified document to the Commissioner.
S. 23 inserted by No. 35/2018 s. 18.
23 Audits by agencies
(1) The Commissioner may request an agency—
(a) to conduct an audit in relation to—
S. 23(1)(a)(i) amended by No. 31/2025 s. 34.
(i) compliance by a person or agency with Local Jobs First; or
(ii) compliance by a person with a Local Industry Development Plan; and
(b) to provide to the Commissioner a report on the audit.
(2) The Commissioner may impose terms of reference or other requirements in relation to an audit conducted by an agency under subsection (1).
Pt 5 (Headings and ss 24–30) inserted by No. 35/2018 s. 18.
Part 5—Enforcement of Local Jobs First Policy and other matters
Division 1—Information gathering and compliance powers
S. 24 inserted by No. 35/2018 s. 18.
24 Power to request information or documents from persons
(1) This section applies if the Commissioner believes on reasonable grounds that a person has information or a document that is relevant—
S. 24(1)(a) amended by No. 31/2025 s. 35.
(a) to the operation of Local Jobs First; or
(b) to a Local Industry Development Plan.
(2) The Commissioner may issue a notice (an information notice), in writing, to the person requiring the person to do any of the following—
(a) give to the Commissioner specified information, within the period and in the manner and form specified in the information notice;
(b) produce to the Commissioner any document specified in the information notice, within the period and in the manner specified in the information notice;
(c) make copies of any specified document and produce the copies to the Commissioner, within the period and in the manner specified in the information notice.
(3) A period specified in subsection (2)(a), (b) or (c) must be no less than 14 days from when the information notice is issued.
(4) A person must comply with an information notice to the extent the person is capable of doing so.
S. 25 inserted by No. 35/2018 s. 18.
25 No requirement to pay fees
For the purposes of exercising a power under section 22 or 24, the Commissioner is not required to pay any fees.
S. 26 inserted by No. 35/2018 s. 18.
26 Power to issue a compliance notice
(1) The Commissioner may issue a notice (a compliance notice), in writing, to a person if the Commissioner reasonably believes that the person has—
(a) failed to comply with an information notice; or
S. 26(1)(b) amended by No. 31/2025 s. 36.
(b) failed to comply with Local Jobs First; or
(c) failed to comply with a Local Industry Development Plan.
(2) A compliance notice may—
(a) require the person to comply with an information notice within a specified period; or
(b) require the person to—
S. 26(2)(b)(i) amended by No. 31/2025 s. 36.
(i) comply with Local Jobs First within a specified period; or
S. 26(2)(b)(ii) amended by No. 31/2025 s. 36.
(ii) take specified steps within a specified period to comply with Local Jobs First; or
(c) require the person to—
(i) comply with the Local Industry Development Plan within a specified period; or
(ii) take specified steps within a specified period to comply with the Local Industry Development Plan.
(3) A period specified in subsection (2)(a), (b) or (c) must be no less than 14 days from when the compliance notice is issued.
S. 27 inserted by No. 35/2018 s. 18.
27 Responding to a compliance notice
(1) If a person receives a compliance notice and disagrees with the compliance notice, the person has 14 days from the date of the receipt of the compliance notice to provide a written response to the Commissioner outlining the person's reasons for disagreeing with the compliance notice.
(2) After considering a response under subsection (1), the Commissioner may, by notice in writing—
(a) withdraw the compliance notice; or
(b) confirm the compliance notice.
(3) If the compliance notice is confirmed—
(a) the notice must specify a period within which the person must comply; and
(b) the person must comply within that period.
S. 28 inserted by No. 35/2018 s. 18.
28 Commissioner may make determination
(1) This section applies if the Commissioner has issued a compliance notice to a person under section 26(1) and—
(a) the Commissioner has not received a response from the person under section 27(1) within 14 days; or
(b) the Commissioner has received a response under section 27(1) within 14 days and—
(i) the Commissioner has confirmed the compliance notice under section 27(2)(b); and
(ii) the person has failed to comply with the notice within the period specified in the notice.
(2) The Commissioner may determine that—
(a) the person has failed to comply with an information notice; or
S. 28(2)(b) amended by No. 31/2025 s. 37.
(b) the person has failed to comply with Local Jobs First; or
(c) the person has failed to comply with a Local Industry Development Plan.
(3) If the Commissioner makes a determination under subsection (2), the Commissioner may—
(a) recommend to the Minister that the Minister issue an Adverse Publicity Notice in accordance with section 29;
and
(b) advise the person and the appropriate agency of—
(i) the determination; and
(ii) the recommendation that the Minister issue an Adverse Publicity Notice.
Note
Section 10(2A) requires the Minister to include in a report to Parliament recommendations made under section 28(3)(a).
(4) The person may, within 7 days after the Commissioner has advised the person of the determination and recommendation, respond to the Commissioner, in respect of the recommendation that an Adverse Publicity Notice be issued by the Minister.
S. 29 inserted by No. 35/2018 s. 18.
29 Adverse Publicity Notices
(1) The Minister may issue an Adverse Publicity Notice in relation to a person—
(a) after receiving a recommendation under section 28(3)(a) in respect of the person; or
(b) if the Minister is satisfied that the person has—
S. 29(1)(b)(i) amended by No. 31/2025 s. 38.
(i) failed to comply with Local Jobs First; or
(ii) failed to comply with a Local Industry Development Plan.
(2) An Adverse Publicity Notice must—
(a) name the person to whom the Adverse Publicity Notice relates; and
(b) set out the details of the conduct; and
(c) be published in the prescribed manner.
Division 2—Injunctions or other enforcement action
S. 30 inserted by No. 35/2018 s. 18, amended by No. 31/2025 s. 39.
30 Commissioner may recommend an agency seeks an injunction or other enforcement action
If a person is failing to comply or has failed to comply with Local Jobs First or a Local Industry Development Plan, the Commissioner may make a recommendation to the appropriate agency that the agency seeks compliance with Local Jobs First or the Local Industry Development Plan by—
(a) applying to a court of competent jurisdiction for an injunction; or
(b) taking enforcement action available under an applicable contract.
Pt 6 (Heading and ss 31, 32) inserted by No. 35/2018 s. 18.
Part 6—General
S. 31 inserted by No. 35/2018 s. 18.
31 Annual report to Minister
(1) The Commissioner must submit a report to the Minister on the performance of functions and the exercise of powers by the Commissioner under this Act in respect of each financial year.
(2) The report must be submitted to the Minister by no later than 30 August after the end of each financial year.
S. 32 inserted by No. 35/2018 s. 18.
32 Immunity
(1) The Commissioner or a person assisting the Commissioner under section 21 is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.
(2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Commissioner or a person assisting the Commissioner under section 21 attaches to the State instead.
S. 32A inserted by No. 31/2025 s. 46.
32A Regulations
(1) The Governor in Council may make regulations for or with respect to the following—
(a) the administration or implementation of Part 2A;
(b) the process and requirements for submitting a response to a notice of intention under section 11D;
(c) the process and requirements for issuing a deprioritisation notice or making a deprioritisation determination;
(d) disclosure or use of information for the purposes of Part 2A, including but not limited to—
(i) disclosure of information relating to completion reports and deprioritisation determinations; and
(ii) sharing information provided under Local Jobs First;
(e) evidence that a supplier must provide in relation to the review of a deprioritisation notice under Part 2A;
(f) how a tender for a contract for a standard project or a strategic project is to be evaluated if the person tendering is the subject of a deprioritisation determination;
(g) the administration or implementation of Division 3 of Part 5;
(h) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) Regulations made under this Act may—
(a) be of general or limited application;
(b) differ according to differences in time, place or circumstances;
(c) leave any matter or thing to be from time to time approved, determined, applied, dispensed with or regulated by a specified person or class of person;
(d) provide in a specified case or class of case for the exemption of persons or things or a class of person or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to the extent specified;
(e) confer powers or impose duties in connection with the regulations on any specified person or specified class of person;
(f) apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as formulated, issued, prescribed (whether under this Act or any other Act) or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed (whether under this Act or any other Act) or published from time to time.
S. 32B inserted by No. 31/2025 s. 46.
32B Transitional regulations
(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Local Jobs First Amendment Act 2025, including any repeals and amendments made as a result of that enactment.
(2) Regulations under this section may—
(a) have a retrospective effect to the commencement day or a day after the commencement day;
(b) be of limited or general application;
(c) differ according to time, place or circumstance;
(d) leave any matter or thing to be decided by a specified person or class of person.
(3) Regulations made under subsection (1) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(4) This section is repealed on the second anniversary of the commencement day.
(5) In this section—
commencement day means the day on which section 46 of the Local Jobs First Amendment Act 2025 comes into operation.
Pt 7 (Heading and ss 33–35) inserted by No. 35/2018 s. 18.
Part 7—Transitional provisions
S. 33 inserted by No. 35/2018 s. 18.
33 Transitional provision—title to Act
On and from the commencement of the Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018, in any Act, subordinate instrument or other document, unless the context otherwise requires, a reference to the Victorian Industry Participation Policy Act 2003 is to be construed as a reference to the Local Jobs First Act 2003.
S. 34 inserted by No. 35/2018 s. 18.
34 Transitional provision—report under section 9
(1) This section applies to an agency's report under section 9 in respect of the financial year commencing on 1 July 2018.
(2) Despite section 16 of the Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018, the report must also include the information required by section 9 (as in force immediately before its amendment) for the period commencing on 1 July 2018 and ending on the commencement of section 16 of the Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018.
S. 35 inserted by No. 35/2018 s. 18.
35 Transitional provision—report under section 10
(1) This section applies to a report of the Minister under section 10 in respect of the financial year commencing on 1 July 2018.
(2) Despite section 17 of the Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018, the report must also include the information required by section 10 (as in force immediately before its amendment) for the period commencing on 1 July 2018 and ending on the commencement of section 17 of the Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 5 June 2003
Legislative Council: 7 October 2003
The long title for the Bill for this Act was "to provide for the development and implementation of a Victorian Industry Participation Policy and require reports to Parliament on the policy's implementation and government agencies' compliance with it and for other purposes."
The Victorian Industry Participation Policy Act 2003 was assented to on 14 October 2003 and came into operation on 1 January 2004: section 2(2).
The title of this Act was changed from the Victorian Industry Participation Policy Act 2003 to the Local Jobs First Act 2003 by section 4 of the Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018, No. 35/2018.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Local Jobs First Act 2003 by Acts and subordinate instruments.