Procurement Act 2020 (Western Australia)

The Procurement Act 2020 creates a single, statutory procurement architecture for Western Australia that governs how State agencies obtain goods, services and works. At a mechanical level the Act does these core things.

It defines the scope of application, by identifying which entities are State agencies (s 5), which procurements are included and excluded (ss 8-9), and by authorising agencies that otherwise lack procurement power to procure under the Act (s 10(2)). The Act expressly binds the Crown (s 7).
It creates a dual centre of functional leadership: the Minister retains power to issue procurement directions (s 13, Pt 4) and the Department CEO is charged with whole‑of‑government oversight and operational functions including establishing common use contractual arrangements, approving cooperative arrangements, undertaking procurements on behalf of agencies and conducting investigations and audits (s 14).
It authorises the Minister to issue general and agency specific procurement directions, sets rules for how those directions operate and requires State agencies and their officers to comply (ss 21-24). Procurement directions may set whole‑of‑government rules, prescribe methods of procurement, specify the role of the Department CEO, and regulate suitability of suppliers (s 21(2)).
It enables the Department CEO to establish common use contractual arrangements for specified kinds of goods, services or works (s 25), and to approve or require cooperative arrangements between agencies and authorised bodies (ss 26-27).
It creates statutory investigatory and audit capacity for the Department CEO, including a routine programme of investigations and a complaints channel for suppliers (ss 28-30), and gives the Department CEO specified regulatory options where non‑compliance is found (s 31).

CrestWestern Australia

Procurement Act 2020

Western Australia

Procurement Act 2020

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Objects of Act 2
Terms used 3
State agencies 4
Authorised bodies 5
Act binds Crown 6

Part 2 — Application of Act

Procurement to which Act applies 7
Procurement to which Act does not apply 7
Procurement powers of State agencies to which Act applies 8
Relationship to other written laws relating to procurement 8

Part 3 — Procurement functions of Minister and Department CEO

Functional leadership for procurement by State agencies 9
Functions of Minister 9
Functions of Department CEO 9
Delegation by Minister 11
Delegation by Department CEO 11
Reallocation of investigative and audit functions of Department CEO 12
Corporate agency for performance of Department CEO’s functions: Procurement Executive Body 13
Execution of documents by Procurement Executive Body 14
Power of Department CEO to borrow money 15

Part 4 — Procurement directions

General procurement directions 16
Agency specific procurement directions 16
Provisions relating to procurement directions 17
Compliance with procurement directions 18

Part 5 — Coordination of procurement arrangements

Common use contractual arrangements 20
Cooperative arrangements: use of procurement arrangements with suppliers established by others 20
Cooperative arrangements: procurement on behalf of others 20

Part 6 — Investigation and audit

Investigation and audit of procurement 22
Supplier complaints about procurement 22
State agencies to provide Department CEO with information and assistance 23
Regulatory action following investigation or audit or judicial or investigative proceedings 24

Part 7 — Debarment of suppliers

Terms used 26
Regulations relating to debarment of suppliers 26
Review by SAT of decisions under this Part 28
Termination of contracts with debarred suppliers 28
Miscellaneous provisions relating to debarment of suppliers 29

Part 8 — Miscellaneous

Functions conferred or imposed on departments 31
Regulations 31
Review of Act 31

Part 9 — Repeal and transitional provisions

Terms used 32
Act repealed 33
Regulations repealed 33
Abolition of State Supply Commission 33
Transfer of assets, rights and liabilities of State Supply Commission 33
Registration of documents 34
State Supply Commission to complete necessary transactions 34
Exemption from State tax 35
Operating accounts of State Supply Commission 36
Completion of things done 36
Continuing effect of things done 37
Agreements, instruments, proceedings and remedies generally 37
Transitional regulations 37
Effect on other instruments, rights and obligations 39
Interpretation Act 1984 not affected 39

Part 10 — Consequential amendments to other Acts

Division 1 — Constitution Acts Amendment Act 1899 amended

Act amended 40
Schedule V Part 3 amended 40

Division 2 — Disability Services Act 1993 amended

Act amended 40
Section 12A amended 40
Section 26A amended 40
Section 26B amended 41

Division 3 — Financial Management Act 2006 amended

Act amended 41
Schedule 1 amended 41

Division 4 — Health Services Act 2016 amended

Act amended 41
Section 20 amended 41
Section 34 amended 42

Division 5 — Public Sector Management Act 1994 amended

Act amended 42
Schedule 2 amended 42

Division 6 — Vocational Education and Training Act 1996 amended

Act amended 42
Section 9 amended 43
Section 37 amended 43

Division 7 — Western Australian Jobs Act 2017 amended

Act amended 43
Section 3 amended 43
Section 9 amended 44

Notes

Compilation table 45

Defined terms

Western Australia

Procurement Act 2020

An Act to modernise the processes for Government procurement of goods, services and works.

Part 1 — Preliminary

1. Short title

This is the Procurement Act 2020.

2. Commencement

This Act comes into operation as follows —

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

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Objects of Act

The objects of this Act are as follows —

(a) to promote best value for money in government procurement so as to deliver sustainable economic, social and environmental benefits to Western Australians;

(b) to reduce barriers to the participation of small and medium businesses in government procurement by streamlining procurement procedures;

(c) to strengthen integrity in government procurement and to promote ethical and accountable practices so as to provide confidence that government procurement is conducted fairly;

(d) to enable coordinated government procurement strategy, governance and leadership and devolved accountability and decision‑making;

(e) to provide a legislative scheme that is responsive to changing community expectations and that supports innovation in the Western Australian economy.

4. Terms used

(1) In this Act —

authorised body means an entity (or an entity of a kind) that is declared to be an authorised body under section 6(1);

common use contractual arrangements means contractual arrangements established under section 25 by the Department CEO;

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

Department CEO means the chief executive officer of the Department;

entity includes any corporation, unincorporated body, statutory officer or other person;

goods, services or works means goods, services or works of any kind, including the following —

(a) community services;

(b) information and communications technology;

(d) things of a kind prescribed by the regulations to be included in this definition;

procurement includes —

(a) obtaining goods, services or works by purchase, lease, licence, public private partnerships or other means; and

(b) disposing of goods or works;

procurement activities means decisions or other things done in the course of, or as a result of, a process to procure goods, services or works;

procurement direction means a general procurement direction or an agency specific procurement direction issued by the Minister under Part 4;

Procurement Executive Body means the body corporate of that name established by section 18(1);

State agency has the meaning given in section 5(1);

supplier means a person who directly or indirectly supplies, or proposes to directly or indirectly supply, goods, services or works to State agencies.

(2) A reference in this Act to goods, services or works includes a reference to goods, services and works.

(3) A reference in this Act to compliance with this Act includes a reference to compliance with regulations, procurement directions or other instruments under this Act.

(4) A reference in this Act to the Department CEO, a State agency or an authorised body procuring goods, services or works on behalf of a State agency or authorised body includes a reference to —

(a) the Department CEO, agency or body acting as agent in connection with the procurement; or

(b) the Department CEO, agency or body acting as principal in connection with the procurement with a view to the goods, services or works being transferred to or used by the relevant agency or body.

[Section 4 amended: No. 4 of 2021 s. 141.]

5. State agencies

(1) Subject to subsection (2), each of the following is a State agency for the purposes of this Act —

(a) an agency as defined in the Financial Management Act 2006 section 3 other than a university listed in Schedule 1 to that Act;

(b) an entity controlled by a Minister, or by an agency referred to in paragraph (a), through which that Minister or agency procures goods, services or works for the performance of the functions of that Minister or agency;

(c) an entity (or an entity of a kind) that is established for a public purpose or is funded by the State and that is prescribed by the regulations to be a State agency.

(2) The following are not State agencies for the purposes of this Act —

(a) a body established by or under any of the following provisions —

(i) the Electricity Corporations Act 2005 section 4;

(ii) the Keystart Act 2024 section 6;

(iii) the Port Authorities Act 1999 section 4;

(iv) the Water Corporations Act 1995 section 4;

(v) the Western Australian Land Authority Act 1992 section 5;

(aa) a subsidiary of a body mentioned in paragraph (a);

(b) an entity (or an entity of a kind) that is prescribed by the regulations not to be a State agency.

[Section 5 amended: No. 44 of 2024 s. 65.]

6. Authorised bodies

(1) Subject to subsection (2), a procurement direction may —

(a) declare an entity (or an entity of a kind) specified in the direction to be an authorised body for the purposes of this Act; or

(b) provide that the Department CEO may, in accordance with the procurement direction, declare an entity (or an entity of a kind) to be an authorised body for the purposes of this Act.

(2) The entities that may be declared to be authorised bodies are as follows —

(a) 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 or a law of another State, a Territory or the Commonwealth;

(b) a local government or a regional local government or a similar local government authority of another State or a Territory;

(d) a charitable body;

(e) an entity (or an entity of a kind) prescribed by the regulations.

(3) In this section a reference to an entity is a reference to an entity other than a State agency.

7. 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 — Application of Act

8. Procurement to which Act applies

(1) This Act applies to the procurement of goods, services or works by a State agency.

(2) This section does not limit any express provisions of this Act that relate to procurement by authorised bodies.

9. Procurement to which Act does not apply

(1) In this section —

lease includes a licence;

relevant lease —

(a) means —

(i) the lease of an office or other space or facility for use by a State agency (including an arrangement for its construction by another party and lease back to a State agency); or

(ii) the lease of an office or other space or facility of a State agency for use by another party;

but

(b) does not include —

(i) a lease for social housing purposes, for water supply purposes, for environment protection purposes or for other public purposes; or

(ii) a lease of unimproved land; or

(iii) a lease of Crown land under the Land Administration Act 1997 granted by the Minister administering that Act; or

(iv) a lease of any other kind prescribed by the regulations to be excluded from this definition.

(2) This Act does not apply to the following —

(a) the acquisition or disposal of land or of an interest in land, other than a relevant lease;

(b) the employment of staff of a State agency or the appointment of a person to a statutory or executive office;

(d) a grant of money;

(e) the acquisition by a State agency of a thing for resale;

(f) procurement between State agencies (other than for the purposes of cooperative arrangements under Part 5);

(g) any procurement (whether of specified things, of any specified kind or by any specified entity) prescribed by the regulations to be excluded from the application of this Act.

10. Procurement powers of State agencies to which Act applies

(1) This Act applies to the procurement of goods, services or works by a State agency under the powers conferred by this Act or any other written law or under the executive power of the State.

(2) A State agency that does not otherwise have power to procure goods, services or works is authorised by this subsection to procure goods, services or works under and subject to this Act in connection with the performance of its functions.

11. Relationship to other written laws relating to procurement

(1) This Act applies to the procurement of goods, services or works by a State agency unless a written law specifically, or by necessary implication, excludes the procurement from the application of this Act.

(2) The procurement of goods, services or works by a State agency is also subject to any obligations imposed on the State agency under the Western Australian Jobs Act 2017.

Part 3 — Procurement functions of Minister and Department CEO

12. Functional leadership for procurement by State agencies

(1) This Act confers functions on the Minister and Department CEO to provide whole‑of‑government leadership in the procurement of goods, services or works by State agencies.

(2) However, State agencies remain responsible and accountable for their procurement of goods, services or works.

13. Functions of Minister

The Minister has the following functions —

(a) the issue of procurement directions under Part 4;

(b) any other functions conferred on the Minister under this Act.

14. Functions of Department CEO

(1) The Department CEO has the following functions —

(a) the general oversight of the procurement activities of State agencies to promote the objects of this Act;

(b) establishing common use contractual arrangements for use by State agencies and authorised bodies to obtain particular kinds of goods, services or works;

(c) approving cooperative arrangements under Part 5 relating to the procurement of goods, services or works by State agencies and authorised bodies;

(d) undertaking the procurement of goods, services or works on behalf of a State agency (or services in connection with any such procurement) if the Department CEO has agreed with the State agency to do so or if the Department CEO is required to do so by a procurement direction;

(e) managing the State’s vehicle fleet and entering into supply, disposal or other arrangements in relation to the vehicles;

(f) providing advice to State agencies about their procurement of goods, services or works;

(g) enhancing the capabilities, knowledge and expertise of the professional staff of State agencies who undertake procurement activities;

(h) setting requirements for strategic planning by State agencies about their future procurement of goods, services or works and for periodic reporting on their procurement activities;

(i) collecting information relating to the procurement of goods, services or works by State agencies and using or publishing the information obtained;

(j) providing the Minister with information requested by the Minister relating to the administration of this Act or the procurement of goods, services or works by State agencies;

(k) conducting investigations and audits under Part 6;

(l) functions under Part 7 in relation to the debarment of suppliers;

(m) any other functions conferred on the Department CEO under this Act.

(2) The Department CEO must, in connection with the management of the State’s vehicle fleet under subsection (1)(e) —

(a) minimise, so far as practicable, the net greenhouse gas emissions associated with the use of the vehicles in the fleet by maximising, so far as practicable, the fuel efficiency of those vehicles and offsetting the greenhouse gas emissions of those vehicles; and

(b) report annually on the greenhouse gas emissions associated with the use of the vehicles in the fleet.

(3) The Department CEO may do anything necessary or convenient for the performance of the Department CEO’s functions under this Act.

15. Delegation by Minister

(1) The Minister may delegate to the Department CEO any power or duty of the Minister under Part 4.

(2) The delegation must be in writing signed by the Minister.

(3) The delegation may expressly authorise the Department CEO to further delegate the power or duty to a person to whom the Department CEO may delegate the powers or duties of the Department CEO under this Act.

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

(5) Nothing in this section limits the ability of the Minister to perform a function through an officer or agent.

16. Delegation by Department CEO

(1) In this section —

authorised person means any of the following —

(a) an officer of the Department;

(b) a State agency or an officer of a State agency;

(2) The Department CEO may delegate to an authorised person any power or duty of the Department CEO under another provision of this Act.

(3) The delegation must be in writing signed by the Department CEO.

(4) The delegation may expressly authorise the delegate to further delegate the power or duty to an authorised person.

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

(6) This section does not authorise the Department CEO to delegate a power or duty under Part 6 —

(a) to a person who is deemed to be the chief executive officer of a department of the Public Service by or under the Public Sector Management Act 1994 section 4; or

(b) to any other officer of that department of the Public Service.

(7) Nothing in this section limits the ability of the Department CEO to perform a function through an officer or agent.

17. Reallocation of investigative and audit functions of Department CEO

(1) In this section —

relevant State agency means any State agency other than —

(a) the Department; or

(b) a department of the Public Service whose chief executive officer is a person who is deemed to be the chief executive officer of that department by or under the Public Sector Management Act 1994 section 4.

(2) The Minister may assign the performance of specified functions of the Department CEO under Part 6, or the performance of any such function in a particular matter, to a relevant State agency.

(3) The Minister may do so —

(a) for the purpose of enhancing the independent performance of investigative and audit functions; or

(b) for the purpose of dealing with a conflict of interest in a particular matter; or

(4) Before assigning the performance of a function under this section, the Minister must obtain the concurrence of the Minister responsible for the relevant State agency to which the assignment is to be made.

(5) If the performance of a function is assigned under this section, a reference in this Act or an instrument under this Act to the Department CEO is, in connection with the performance of the function, taken to be a reference to the relevant State agency to whom the performance of the function is assigned.

(6) Subsection (5) extends to a reference to the Department CEO in section 16.

(7) The Minister may revoke an assignment under this section at any time.

(8) The Minister must publish notice of an assignment under this section, or the revocation of any such assignment, in the Gazette.

18. Corporate agency for performance of Department CEO’s functions: Procurement Executive Body

(1) The Procurement Executive Body is established.

(2) The Procurement Executive Body —

(a) is a body corporate with perpetual succession; and

(b) is to be governed by the Department CEO; and

(3) The Procurement Executive Body is established to provide a body corporate through which the Department CEO can perform any of the Department CEO’s functions under this Act that can be more conveniently performed by a body corporate than an individual.

(4) Any acts or things done through the Procurement Executive Body as described in subsection (3) are to be regarded as —

(a) services under the control of the Department for the purposes of the Financial Management Act 2006 section 52; and

(b) operations of the Department for the purposes of Part 5 of that Act.

(5) Proceedings may be taken by or against the Procurement Executive Body in its corporate name.

19. Execution of documents by Procurement Executive Body

(1) The Procurement Executive Body is to have a common seal.

(2) A document is duly executed by the Procurement Executive Body if —

(a) the common seal of the Procurement Executive Body is affixed to it in accordance with subsections (3) and (4); or

(b) it is signed on behalf of the Procurement Executive Body by the Department CEO or by another person authorised under subsection (5).

(3) The common seal of the Procurement Executive Body is not to be affixed to a document except as authorised by the Procurement Executive Body.

(4) The common seal of the Procurement Executive Body is to be affixed to a document in the presence of the Department CEO, and the Department CEO is to sign the document to attest that the common seal was so affixed.

(5) The Procurement Executive Body may, by writing under its seal, authorise a person to execute deeds or other documents on behalf of the Procurement Executive Body, either generally or subject to any conditions or restrictions specified in the authorisation.

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

(7) When a document is produced bearing a seal purporting to be the seal of the Procurement Executive Body, it is to be presumed that the seal is the common seal of the Procurement Executive Body until the contrary is shown.

20. Power of Department CEO to borrow money

(1) The Department CEO may, if the Treasurer approves, borrow sums of money from the Western Australian Treasury Corporation, or as otherwise approved by the Treasurer, for the purposes of this Act.

(2) All sums borrowed under subsection (1) are to be credited to an operating account of the Department (being an agency special purpose account established for the purposes of the operations of the Department under the Financial Management Act 2006 section 16(1)(a)).

Part 4 — Procurement directions

21. General procurement directions

(1) The Minister may issue general procurement directions relating to the procurement of goods, services or works by State agencies.

(2) A general procurement direction may (without limitation) —

(a) set whole‑of‑government rules and policies; and

(b) implement any decision made by the Minister or Department CEO in the administration of and performance of functions under this Act; and

(i) the method of procurement;

(ii) the coordination of procurement;

(iii) contracts for goods, services or works and their management and administration;

(iv) the role of the Department CEO in undertaking procurement activities on behalf of State agencies;

(v) investigation and complaint handling relating to procurement;

(vi) approvals of cooperative arrangements by the Department CEO under Part 5;

(vii) functions under Part 7 and matters relating to the suitability of suppliers.

22. Agency specific procurement directions

(1) The Minister may issue an agency specific procurement direction to a State agency relating to the procurement of goods, services or works by that State agency.

(2) An agency specific procurement direction may (without limitation) —

(a) vary the general procurement directions in their application to the State agency, including by modifying, supplementing or excluding any obligations under a general procurement direction; and

(b) impose additional obligations on the State agency in connection with its procurement activities; and

(c) modify or exclude obligations of the State agency (or of any of its sub‑agencies) in connection with procurement activities carried out on its behalf by another State agency (or by other parts of the State agency) or by an authorised body; and

(d) provide for a greater or lesser role for the Department CEO in undertaking procurement activities on behalf of the State agency.

(3) If a provision of a general procurement direction conflicts or is inconsistent with a provision of an agency specific procurement direction, the provision of the agency specific procurement direction prevails to the extent to which the provisions conflict or are inconsistent.

23. Provisions relating to procurement directions

(1) A general procurement direction may be —

(a) issued to all State agencies or to any specified kind of State agency; and

(b) issued in respect of all procurement activities of the agencies or any specified kind of procurement activity of the agencies.

(2) An agency specific procurement direction may —

(a) only be issued to a specified State agency; and

(b) be issued in respect of all procurement activities of the agency, any specified kind of procurement activity of the agency or any specified procurement activity of the agency.

(3) A procurement direction cannot be inconsistent with this Act.

(4) A procurement direction may be —

(a) issued to all State agencies or a specified kind of State agency by the publication of the direction in the manner approved by the Minister; and

(b) issued to a specified State agency by notification in writing to the agency.

(5) A procurement direction may be —

(a) amended by a further procurement direction; or

(b) revoked by a further procurement direction or by a notice of revocation issued by the Minister in the same manner as a procurement direction may be issued.

(6) A procurement direction is not subsidiary legislation for the purposes of the Interpretation Act 1984.

(7) The Interpretation Act 1984 sections 43 (other than subsection (6)) and 44 and Part VIII apply to a procurement direction as if it were subsidiary legislation.

24. Compliance with procurement directions

(1) A State agency and its officers are required to comply with applicable procurement directions in connection with the procurement of goods, services or works by the State agency.

(2) However, a decision made, or a contract entered into, in respect of the procurement of goods, services or works by a State agency (or on its behalf) is not invalid only because a State agency or any other person has contravened a procurement direction.

(3) A reference in this section to a State agency extends to the Department CEO in relation to the procurement of goods, services or works by the Department CEO or the establishment of common use contractual arrangements.

(4) Subsections (2) and (3) do not affect any disciplinary proceedings against a person for non‑compliance with a procurement direction.

Part 5 — Coordination of procurement arrangements

25. Common use contractual arrangements

(1) The Department CEO may enter into common use contractual arrangements, being contractual arrangements established with suppliers of particular kinds of goods, services or works, that may be used by State agencies for their procurement of those kinds of goods, services or works.

(2) Common use contractual arrangements may be established for use by all State agencies or any specified kind of State agency.

(3) Common use contractual arrangements may authorise the use of those arrangements by specified authorised bodies or by all or any specified kinds of authorised bodies for their procurement of goods, services or works.

26. Cooperative arrangements: use of procurement arrangements with suppliers established by others

(1) A State agency may enter into a cooperative arrangement with another State agency or an authorised body under which one of them uses an arrangement with suppliers established by the other to procure particular kinds of goods, services or works.

(2) A State agency must obtain the approval of the Department CEO to enter into a cooperative arrangement under this section unless the agency is authorised to do so by a procurement direction or another written law.

27. Cooperative arrangements: procurement on behalf of others

(1) State agencies may enter into cooperative arrangements with other State agencies under which goods, services or works are procured by one of them on behalf of the others.

(2) State agencies may enter into cooperative arrangements with authorised bodies under which goods, services or works are procured by one of them on behalf of the others.

(3) A State agency must obtain the approval of the Department CEO to enter into a cooperative arrangement with an authorised body under subsection (2) unless the agency is authorised to do so by a procurement direction or another written law.

Part 6 — Investigation and audit

28. Investigation and audit of procurement

(1) The Department CEO has the function of investigating the procurement of goods, services or works by State agencies and auditing their compliance with this Act.

(2) The Department CEO must establish a programme for routine investigations and audit under this Part for the purpose of maintaining the integrity of, and public confidence in, the procurement activities of State agencies.

(3) Investigations and audit are to be conducted under this Part by the Department CEO as follows —

(a) in accordance with the programme of investigations and audit;

(b) in particular cases the Department CEO considers appropriate;

29. Supplier complaints about procurement

(1) A supplier of goods, services or works to a State agency may make a written complaint to the Department CEO about a failure of the State agency to comply with this Act that affects the business of the supplier.

(2) The Department CEO may conduct an investigation under this Part into any such written complaint made by a supplier.

(3) The Department CEO may refer the complaint to the State agency if satisfied that —

(a) the State agency has not had a reasonable opportunity to resolve the matter itself; or

(b) the complaint does not affect the integrity of, or public confidence in, the procurement activities of the State agency.

(4) An investigation into a complaint must be carried out by —

(a) an officer of the Department appointed by the Department CEO; or

(b) if the Department CEO is of the opinion that the complaint raises a conflict of interest for officers of the Department — a person appointed by the Department CEO who is not an officer of the Department.

(5) A supplier who makes a complaint may withdraw the complaint at any time.

(6) The withdrawal of a complaint does not prevent the Department CEO continuing to investigate the matter under this Part.

(7) At the request of a supplier who makes a complaint, the Department CEO may, subject to any requirement of a written law, refuse to disclose in the course of an investigation or in a published report information that —

(a) identifies the supplier as a person who has made a complaint; or

(b) might enable the identity of the supplier to be ascertained.

30. State agencies to provide Department CEO with information and assistance

(1) A State agency must, on request, give the Department CEO any information or assistance the Department CEO requires for the purposes of an investigation or audit under this Part.

(2) For the purposes of providing that information or assistance, the Department CEO may require officers of a State agency to attend before the Department CEO (or a delegate of the Department CEO) to answer questions relating to the procurement activities of the State agency.

(3) When information is given to the Department CEO, a State agency may —

(a) identify information that the State agency considers should not be included in a public report made by the Minister or Department CEO; and

(b) request that the identified information not be included in any such report for the reasons set out in the request.

(4) The Minister or Department CEO may, but is not required to, comply with a request of the State agency under subsection (3)(b).

31. Regulatory action following investigation or audit or judicial or investigative proceedings

(1) This section applies if the Department CEO is satisfied that a State agency has not complied with this Act following —

(a) an investigation or audit under this Part; or

(b) the proceedings of any court, tribunal or investigative body.

(2) The Department CEO may take any one or more of the following actions —

(a) give the State agency written notice of its failure to comply with this Act, detailing the measures required for compliance and the period within which those measures are required to be taken;

(b) publish in the annual report of the accountable authority of the Department under the Financial Management Act 2006 Part 5 the name of the State agency and the manner in which the State agency has failed to comply with this Act;

(c) take action available to the Department CEO under this Act (or recommend that the Minister take action available to the Minister) to —

(i) further regulate the procurement activities of the State agency; or

(ii) require any of those procurement activities to be undertaken by the Department CEO or other person or body on behalf of the State agency;

(d) refer the matter (and information about the matter) to a relevant body or officer.

(3) This section does not limit —

(a) action that may be taken under this Act or any other written law for any non‑compliance; or

(b) the preparation or publication of any report on compliance or non‑compliance by the Department CEO under this Act or any other written law.

Part 7 — Debarment of suppliers

32. Terms used

In this Part —

affiliate, of a debarred supplier, means a person or body prescribed by the regulations under this Part to be an affiliate of the debarred supplier because of a specified connection or relationship between the debarred supplier and that person or body;

conduct includes any act or omission, whether in this State or elsewhere within or outside Australia;

debarred supplier means a supplier who is debarred by the Department CEO under this Part from supplying goods, services or works to State agencies;

supplier includes an affiliate of a debarred supplier;

this Part includes the regulations under this Part.

33. Regulations relating to debarment of suppliers

(1) The regulations may provide for the debarment of suppliers from supplying goods, services or works to State agencies.

(2) Without limiting subsection (1), the regulations may make provision for or with respect to the following —

(a) specifying the conduct for which a supplier may be debarred (whether or not that conduct relates to the supply of goods, services or works to State agencies);

(b) authorising the Department CEO to debar a supplier —

(i) because of any such conduct of the supplier; or

(ii) because the supplier is an affiliate of a supplier who was debarred for any such conduct; or

(iii) because the supplier failed to comply with requirements of this Part relating to an investigation of the supplier by the Department CEO;

(d) the procedures to be followed by the Department CEO before a supplier is debarred (including giving a supplier an opportunity to show cause why the supplier should not be debarred);

(e) authorising the Department CEO to suspend a supplier who is under investigation by the Department CEO from supplying goods, services or works to State agencies pending a determination on whether the supplier should be debarred;

(f) specifying the maximum period for which a supplier may be debarred or suspended;

(g) requiring State agencies to comply with a decision of the Department CEO to debar or suspend a supplier except in the case of any special circumstances authorised by the regulations;

(h) the giving of undertakings about future conduct by a supplier who is under investigation by the Department CEO or who seeks the revocation of a decision to debar or suspend the supplier;

(i) enabling authorised bodies to rely on the debarment or suspension of a supplier to exclude the supplier from their procurement of goods, services or works;

(j) dealing with any other matter relating to the debarment or suspension of a supplier.

(3) The regulations may provide that the debarment or suspension of a supplier from supplying goods, services or works to State agencies extends (without limitation) to the supplier —

(a) seeking or being awarded a contract for any such supply; and

(b) seeking or being awarded a subcontract with a head or other contractor for any such supply; and

(4) The regulations may provide that the debarment or suspension of a supplier applies to —

(a) all goods, services or works or to particular kinds of goods, services or works; and

(b) new contracts, the extension of supply options in existing contracts or the extension of the scope of existing contracts.

34. Review by SAT of decisions under this Part

A supplier who is aggrieved by any of the following decisions of the Department CEO under this Part may apply to the State Administrative Tribunal for a review of the decision —

(a) a decision to debar the supplier;

(b) any other decision prescribed by the regulations under this Part.

35. Termination of contracts with debarred suppliers

(1) A State agency may terminate a contract with a debarred supplier for the procurement of goods, services or works by the State agency from the supplier (whether the supplier was debarred before or after the contract was entered into).

(2) A contract may be terminated under this section by notice in writing to the supplier.

(3) If a contract is terminated under this section, the termination does not affect —

(a) the supply of any goods, services or works before the termination; or

(b) any right, obligation or liability acquired, accrued or incurred before the termination.

(4) This section is subject to any express provision of a contract in the event of the termination of the contract because the supplier becomes a debarred supplier.

(5) The regulations may make provision for or with respect to the termination of contracts under this section.

36. Miscellaneous provisions relating to debarment of suppliers

(1) The Department CEO must maintain a public register in accordance with the regulations of suppliers who are debarred under this Part.

(2) The Department CEO must notify State agencies of suppliers who are suspended under this Part.

(3) The Department CEO may suspend a supplier without any notice to the supplier of the proposed suspension or opportunity to show cause why they should not be suspended.

(4) The debarment or suspension of a supplier under this Part and any failure to comply with this Part in relation to any such debarment or suspension does not affect the validity of a contract entered into with the supplier before or after the debarment or suspension.

(5) Subsection (4) does not affect the power of a State agency to terminate the contract under section 35.

(6) A State agency or an authorised body may disclose to the Department CEO information about the conduct of a supplier of goods, services or works to the agency or body that the agency or body considers may warrant investigation under this Part.

(7) If information so disclosed to the Department CEO is confidential, the Department CEO is subject to the same duty of confidentiality as the agency or body that disclosed the information to the Department CEO.

(8) Damages are not payable, and no civil liability is incurred, by or on behalf of the State (including a Minister, the Department CEO, a State agency, an authorised body and an officer or agent of the State, a State agency or an authorised body) because of the debarment or suspension, or purported debarment or suspension, in good faith of a supplier under this Part or for the consequence of any such debarment or suspension.

(9) A supplier may be debarred or suspended under this Part because of conduct that occurred before the commencement of this Part.

Part 8 — Miscellaneous

37. Functions conferred or imposed on departments

To the extent that this Act (or a regulation, procurement direction or other instrument under this Act) confers or imposes a function on a State agency that is a department of the Public Service, the function is conferred or imposed on the chief executive officer of the department.

38. Regulations

The Governor may make regulations prescribing matters —

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for giving effect to this Act.

39. Review of Act

(1) The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review, as soon as practicable after the 5th anniversary of the day on which this section comes into operation.

(2) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 5th anniversary.

Part 9 — Repeal and transitional provisions

40. Terms used

In this Part —

assets —

(a) means any legal or equitable estates or interests (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description; and

(b) includes money, securities, choses in action and documents;

former Act means the State Supply Commission Act 1991 as in force immediately before transition day;

liabilities means any liabilities, duties or obligations, whether actual, contingent or prospective, liquidated or unliquidated or whether owed alone or jointly or jointly and severally with any other persons;

operating account means an agency special purpose account established under the Financial Management Act 2006 section 16;

relevant official means —

(a) the Registrar of Titles; or

(b) the Registrar of Deeds and Transfers; or

(c) any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property;

rights means any rights, powers, privileges or immunities, whether actual, contingent or prospective;

State Supply Commission means the State Supply Commission established by the former Act;

transition day means the day on which section 41 comes into operation.

41. Act repealed

The State Supply Commission Act 1991 is repealed.

42. Regulations repealed

The State Supply Commission Regulations 1991 are repealed.

43. Abolition of State Supply Commission

On transition day, the State Supply Commission is abolished and its members cease to hold office as members of the Commission.

44. Transfer of assets, rights and liabilities of State Supply Commission

(1) On transition day —

(a) the assets and rights of the State Supply Commission are assigned to and become the assets and rights of the Procurement Executive Body; and

(b) the liabilities of the State Supply Commission are assigned to and become the liabilities of the Procurement Executive Body.

(2) On and after transition day, any proceedings or remedy that might have been commenced by or against, or might have been available to or against, the State Supply Commission in relation to the assets, rights and liabilities assigned by subsection (1) may be commenced by or against, or are available to or against, the Procurement Executive Body.

(3) On and after transition day, an act done or omitted to be done in relation to the assets, rights and liabilities assigned by subsection (1) before the assignment, by, to or in respect of the State Supply Commission is, to the extent that the act or omission has any effect, taken to have been done or omitted to be done by, to or in respect of the Procurement Executive Body.

(4) Despite the abolition of the State Supply Commission, if the Commission had the benefit of any immunity in respect of an act, matter or thing done or omitted to be done before transition day, that immunity continues on and after transition day for the benefit of the Procurement Executive Body.

45. Registration of documents

The relevant officials must —

(a) take notice of this Part; and

(b) record and register in the appropriate manner the documents necessary to show the effect of this Part.

46. State Supply Commission to complete necessary transactions

(1) If an asset, right or liability of the State Supply Commission cannot be properly assigned to the Procurement Executive Body by the operation of this Part (whether because the matter is governed otherwise than by the law of the State or for any other reason) —

(a) the State Supply Commission is taken to continue to hold that asset or right or be liable for that liability until it is effectively assigned to the Procurement Executive Body in accordance with this Part; and

(b) the State Supply Commission must take all practicable steps for the purpose of ensuring that the asset, right or liability is effectively assigned to the Procurement Executive Body in accordance with this Part.

(2) The fact that subsection (1)(a) applies to an asset, right or liability that is to be assigned to the Procurement Executive Body under this Part does not affect the duty of the accountable authority of the Department under the Financial Management Act 2006.

(3) Despite section 43, the State Supply Commission continues in existence for the purpose of performing the functions described in subsection (1).

(4) The State Supply Commission must perform those functions through the Department CEO.

(5) The State Supply Commission as continued by this section has the powers that are necessary or convenient for the purposes of this section.

47. Exemption from State tax

(1) In this section —

State tax includes —

(a) duty chargeable under the Duties Act 2008; and

(b) any other tax, duty, fee, levy or charge under a law of the State.

(2) State tax is not payable in relation to —

(a) anything that occurs by operation of this Part; or

(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

(3) The Department CEO may certify in writing that —

(a) a specified thing occurred by operation of this Part; or

(b) a specified thing was done under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

(4) For all purposes and in all proceedings, a certificate under subsection (3) is sufficient evidence of the matters it certifies unless the contrary is shown.

48. Operating accounts of State Supply Commission

(1) In this section —

former accounts means —

(a) the State Supply Commission Account referred to in section 30 of the former Act; and

(b) any other operating accounts of the State Supply Commission.

(2) On transition day, any money standing to the credit of the former accounts must be credited to an operating account of the Department and the former accounts must then be closed.

(3) Money referred to in subsection (2) may be applied —

(a) in the payment of any liabilities of the former accounts arising before transition day; and

(b) for the purposes of this Act.

(4) The operating account referred to in subsection (2) must be credited with any money payable to the former accounts before transition day that is paid on or after that day.

(5) On and after transition day, any agreement, instrument or other document that contains a reference to any of the former accounts has effect as if the reference were to the operating account referred to in subsection (2).

49. Completion of things done

Anything commenced to be done by the State Supply Commission before transition day may be continued on and after transition day by the Procurement Executive Body.

50. Continuing effect of things done

(1) This section applies in relation to an act done or omitted to be done before transition day by, to or in respect of the State Supply Commission to the extent that the act or omission —

(a) has force or significance; and

(b) is not governed by another provision of this Part.

(2) On and after transition day, the act or omission is taken to have been done or omitted to be done by, to or in respect of the Procurement Executive Body.

51. Agreements, instruments, proceedings and remedies generally

On and after transition day, any agreement or instrument that contains a reference to the State Supply Commission has effect as if the reference were to the Procurement Executive Body, unless the context otherwise requires.

52. Transitional regulations

(1) In this section —

publication day, for regulations made under subsection (2), means the day on which those regulations are published in the Gazette;

specified means specified or described in regulations made under subsection (2);

transitional matter —

(a) means a matter of a transitional nature that arises as a result of the enactment of this Act; and

(b) includes a saving or application matter.

(2) If there is no sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing matters —

(a) required to be prescribed for the purpose of dealing with the transitional matter; or

(b) necessary or convenient to be prescribed for the purpose of dealing with the transitional matter.

(3) Regulations made under subsection (2) may provide that specified provisions of this Act —

(a) do not apply to or in relation to a specified matter; or

(b) apply with specified modifications to or in relation to a specified matter.

(4) If regulations made under subsection (2) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and after a day that is earlier than publication day for those regulations but not earlier than the day on which this section comes into operation, the regulations have effect according to their terms.

(5) If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as to —

(a) affect in a manner prejudicial to a person (other than the State or an authority of the State) the rights of that person existing before publication day for those regulations; or

(b) impose liabilities on a person (other than the State or an authority of the State) in respect of an act done or omission made before publication day for those regulations.

53. Effect on other instruments, rights and obligations

The operation of this Part must not be regarded —

(a) as a breach of contract or confidence or otherwise as a civil wrong; or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any assets, rights or liabilities; or

(d) as causing any contract or instrument to be void or otherwise unenforceable; or

(e) as releasing or allowing the release of any surety.

54. Interpretation Act 1984 not affected

Except to the extent this Part expressly provides differently, the Interpretation Act 1984 applies in relation to the repeals in sections 41 and 42.

Part 10 — Consequential amendments to other Acts

Division 1 — Constitution Acts Amendment Act 1899 amended

55. Act amended

This Division amends the Constitution Acts Amendment Act 1899.

56. Schedule V Part 3 amended

In Schedule V Part 3 delete “The State Supply Commission established under the State Supply Commission Act 1991.”.

Division 2 — Disability Services Act 1993 amended

57. Act amended

This Division amends the Disability Services Act 1993.

58. Section 12A amended

In section 12A(1) delete “State Supply Commission Act 1991” and insert:

	*Procurement Act 2020*

59. Section 26A amended

(1) In section 26A delete the definition of supply policies.

(2) In section 26A in the definition of disability service delete “carer;” and insert:

carer.

60. Section 26B amended

(1) In section 26B(2)(a) delete “tender conducted in accordance with supply policies relating to tenders; or” and insert:

tender; or

(2) After section 26B(2) insert:

(2A) Any such tender, expression of interest or negotiation must be conducted in accordance with the Procurement Act 2020 and the procurement directions under that Act.

Division 3 — Financial Management Act 2006 amended

61. Act amended

This Division amends the Financial Management Act 2006.

62. Schedule 1 amended

In Schedule 1 delete “State Supply Commission”.

Division 4 — Health Services Act 2016 amended

63. Act amended

This Division amends the Health Services Act 2016.

64. Section 20 amended

(1) In section 20(1)(g) delete “subject to subsection (3),”.

(2) In section 20(2) delete “State Supply Commission Act 1991 and the Public Works Act 1902.” and insert:

	*Procurement Act 2020*.

(3) Delete section 20(3) to (7).

65. Section 34 amended

In section 34(2)(l) delete “State Supply Commission Act 1991,” and insert:

	*Procurement Act 2020*,

Division 5 — Public Sector Management Act 1994 amended

66. Act amended

This Division amends the Public Sector Management Act 1994.

67. Schedule 2 amended

In Schedule 2 delete item 47A.

Division 6 — Vocational Education and Training Act 1996 amended

68. Act amended

This Division amends the Vocational Education and Training Act 1996.

69. Section 9 amended

In section 9(3) delete “State Supply Commission Act 1991.” and insert:

	*Procurement Act 2020*.

70. Section 37 amended

In section 37(4) delete “State Supply Commission Act 1991.” and insert:

	*Procurement Act 2020*.

Division 7 — Western Australian Jobs Act 2017 amended

71. Act amended

This Division amends the Western Australian Jobs Act 2017.

72. Section 3 amended

In section 3(1) in the definition of goods or services delete paragraph (a) and insert:

(a) goods, services or works as defined in the Procurement Act 2020 section 4(1);

73. Section 9 amended

Delete section 9(a) and insert:

(a) the Procurement Act 2020 and procurement directions under that Act;

View image in the official source

Notes

This is a compilation of the Procurement Act 2020 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
Procurement Act 2020	24 of 2020	19 Jun 2020	Pt. 1: 19 Jun 2020 (see s. 2(a)); Pt. 2‑6 and 8, s. 52 and Pt. 10 Div. 4: 22 Jul 2020 (see s. 2(b) and SL 2020/122 cl. 2); Pt. 7, s. 40‑51, s. 53 and 54 and Pt. 10 Div. 1-3 and 5-7: 1 Jun 2021 (see s. 2(b) and SL 2020/244 cl. 2)
Building and Construction Industry (Security of Payment) Act 2021 Pt. 7 Div. 4	4 of 2021	25 Jun 2021	1 Aug 2022 (see s. 2(c) and SL 2022/78 cl. 2(2)(a)(vii))
Keystart Act 2024 Pt. 8 Div. 4	44 of 2024	13 Nov 2024	14 Nov 2024 (see s. 2(b)(v))

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)

affiliate 32

assets 40

authorised body 4(1)

authorised person 16(1)

common use contractual arrangements 4(1)

conduct 32

debarred supplier 32

Department 4(1)

Department CEO 4(1)

entity 4(1)

former accounts 48(1)

former Act 40

goods, services or works 4(1)

lease 9(1)

liabilities 40

operating account 40

procurement 4(1)

procurement activities 4(1)

procurement direction 4(1)

Procurement Executive Body 4(1)

publication day 52(1)

relevant lease 9(1)

relevant official 40

relevant State agency 17(1)

rights 40

specified 52(1)

State agency 4(1), 5(1)

State Supply Commission 40

State tax 47(1)

supplier 4(1), 32

this Part 32

transitional matter 52(1)

transition day 40

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: GEOFF O. LAWN, Government Printer

Western Australia

Procurement Act 2020

Western Australia

Procurement Act 2020

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Objects of Act 2
Terms used 3
State agencies 4
Authorised bodies 5
Act binds Crown 6

Part 2 — Application of Act

Procurement to which Act applies 7
Procurement to which Act does not apply 7
Procurement powers of State agencies to which Act applies 8
Relationship to other written laws relating to procurement 8

Part 3 — Procurement functions of Minister and Department CEO

Functional leadership for procurement by State agencies 9
Functions of Minister 9
Functions of Department CEO 9
Delegation by Minister 11
Delegation by Department CEO 11
Reallocation of investigative and audit functions of Department CEO 12
Corporate agency for performance of Department CEO’s functions: Procurement Executive Body 13
Execution of documents by Procurement Executive Body 14
Power of Department CEO to borrow money 15

Part 4 — Procurement directions

General procurement directions 16
Agency specific procurement directions 16
Provisions relating to procurement directions 17
Compliance with procurement directions 18

Part 5 — Coordination of procurement arrangements

Common use contractual arrangements 20
Cooperative arrangements: use of procurement arrangements with suppliers established by others 20

The Act frames procurement around a small set of statutory concepts; understanding them is essential for operational compliance and legal interpretation.

State agency (s 5). The Act adopts, by reference, the Financial Management Act 2006 definition of agency (s 5(1)(a)) with specified exclusions. It also reaches entities controlled by a Minister or agency through which procurement occurs (s 5(1)(b)) and other prescribed entities (s 5(1)(c)). Certain corporatised utilities and subsidiaries are expressly excluded (s 5(2)(a)). Whether an entity is a State agency determines coverage by the Act and by procurement directions.
Goods, services or works (s 4(1)). This is defined broadly to include community services, ICT, construction work (as defined in the Construction Contracts (Former Provisions) Act 2004 s 3) and any other things the regulations include.
Procurement and procurement activities (s 4(1)). Procurement includes obtaining goods, services or works by purchase, lease, licence, public private partnerships and other means, and the disposal of goods or works. Procurement activities are decisions or other things done during or as a result of a procurement process. These definitions capture a wide range of commercial transactions, and the Act separately excludes particular transactions (s 9).
Department, Department CEO and Minister (s 4(1), ss 12-14). The Department is the public service entity assisting the Minister; the Department CEO has a statutory set of oversight and operational functions (s 14). The Minister’s primary statutory function is to issue procurement directions (s 13).
Procurement directions (s 4(1), Pt 4). Directions can be general or agency specific (ss 21-22). General directions set whole‑of‑government rules and policies (s 21(2)), agency specific directions may modify general directions for a particular agency (s 22). A direction cannot be inconsistent with the Act (s 23(3)). Directions can be published to all State agencies or provided in writing to specific agencies (s 23(4)).
Common use contractual arrangements (s 25). These are pre‑established arrangements with suppliers for particular kinds of goods, services or works that State agencies may use. The Department CEO can establish them for all or specified agencies and may allow authorised bodies to use them (s 25).
Cooperative arrangements (ss 26-27). The Act permits co‑procurement and use of another agency’s arrangements. Department CEO approval is required for some arrangements unless authorised by a procurement direction or other law (ss 26(2), 27(3)).
Investigations, audits and supplier complaints (Pt 6). The Department CEO must establish a programme of routine investigations and audits (s 28(2)), may investigate supplier complaints about non‑compliance that affect a supplier’s business (s 29), and may require agencies to provide information and answer questions (s 30).
Debarment (Pt 7). The Act delegates the detailed debarment framework to regulations (s 33(1)). The regulations may specify conduct that attracts debarment, authorise suspension, extend debarment to affiliates, require agencies to comply with debarment decisions, and provide for the scope and duration of debarment (s 33(2)). The Department CEO must maintain a public register of debarred suppliers (s 36(1)) and may suspend without notice (s 36(3)).
Procurement Executive Body (s 18). Created as a body corporate to enable the Department CEO to perform functions that are more conveniently performed by a corporate entity. It is an agent of the State, governed by the Department CEO, with the State’s status, immunities and privileges (s 18(2)).

These concepts form the Act’s operational vocabulary. The Act deliberately leaves detailed operational rules, penalty definitions and the mechanisms for supplier debarment to regulations. The delegation of detail to subordinate instruments concentrates policy choice in the statutory actors (Minister, Department CEO and Governor in Council via regulations) rather than in the statute itself.

The Act’s coverage and mechanisms create identifiable costs and decision rights for distinct actor groups. Who pays, who decides and what changes in behaviour are concrete.

State agencies and their officers (ss 5, 24). Primary duty‑bearers are State agencies as defined in s 5 and their officers. They are required to comply with applicable procurement directions (s 24(1)). Departments have functions imposed on their chief executive officers where the agency is a department of the Public Service (s 37).
- Effect on agency behaviour: agencies must align procurement activity with general and agency specific directions (Pt 4), obtain Department CEO approval for some cooperative arrangements (s 26(2)), and provide information and witness attendance for investigations and audits (s 30).
- Accountability: although leadership and oversight powers are centralised, the Act preserves agency accountability for procurement (s 12(2)), and non‑compliance can trigger internal disciplinary processes (s 24(4)) and regulatory action (s 31).
The Department CEO and Department (ss 14, 18). The Department CEO acquires a mixture of oversight, operational and investigatory powers: establishing common use contractual arrangements (s 25), performing procurements on behalf of agencies (s 14(1)(d)), auditing and investigating compliance (s 28), managing the State vehicle fleet with emissions obligations (s 14(1)(e), (2)), and debarment functions under Part 7 (s 14(1)(l)).
- Decision rights: the Department CEO may approve cooperative arrangements (s 14(1)(c), s 26(2)), and the Minister may delegate Part 4 powers to the Department CEO (s 15).
- The Procurement Executive Body is established as a corporate vehicle for the Department CEO to carry out functions better done corporately (s 18).
The Minister (s 13). The Minister retains policy and direction power: issuing general and agency specific procurement directions (ss 21-22), delegating to the Department CEO as needed (s 15), and reassigning investigative functions where independence or conflicts are a concern (s 17).
- The Minister decides the formal policy settings and can override or tailor directions for specific agencies (s 22(3) gives agency‑specific directions precedence over general directions where inconsistent).
Suppliers and prospective suppliers (s 4(1), Pt 7). Suppliers providing or proposing to provide goods, services or works to State agencies are directly affected.
- They face a statutory debarment regime to be specified by regulations (s 33), may complain to the Department CEO about agency non‑compliance (s 29), and may be suspended without notice pending investigation (s 36(3)). The Department CEO must keep a public register of debarred suppliers (s 36(1)), which external parties can rely on.
- Subcontractors and affiliates may be caught by debarment regulations if prescribed (s 33(2)(b)(ii), s 32 definition).
Authorised bodies (s 6). Entities declared by procurement direction to be authorised bodies may use common use contractual arrangements and participate in cooperative arrangements. These include universities, local governments, charitable bodies, and other prescribed entities (s 6(2)). The Act therefore reaches beyond core State agencies to some public or quasi‑public entities where so declared.
The public and Parliament. The Act requires the Minister to have a statutory review of the Act after five years (s 39), and prescribes reporting of non‑compliance in the Department’s annual report (s 31(2)(b)). Investigations, audits and the public register expose procurement outcomes to public scrutiny, which affects transparency costs for agencies.

Concentrated and diffuse interests. Suppliers face concentrated, direct effects from the debarment regime and the ability of the Department CEO to suspend; agencies face the administration and compliance costs of aligning with directions and of participating in common use arrangements. The Minister and Department CEO centrally decide policy and operational frameworks, while agencies must adjust procurement practice and record‑keeping accordingly.

The Act creates statutory duties, delegations and rights of review that determine decision pathways and remedies.

Duties and operational obligations

Compliance with procurement directions. State agencies and their officers are required to comply with applicable procurement directions (s 24(1)). Procurement directions may be general or agency specific (ss 21-22) and can impose whole‑of‑government rules, set procurement methods and regulate supplier suitability (s 21(2)).
Agency responsibilities retained. The Act expressly states that State agencies remain responsible and accountable for their procurement (s 12(2)), even as the Minister and Department CEO exercise functional leadership (s 12(1)).
Department CEO duties. The Department CEO must oversee procurement activities to promote the Act’s objects (s 14(1)(a)), establish common use contracts (s 14(1)(b), s 25), approve cooperative arrangements (s 14(1)(c)), undertake procurement on behalf of agencies when agreed or directed (s 14(1)(d)), manage the vehicle fleet with greenhouse gas minimisation and annual reporting obligations (s 14(2)), provide advice and capability building (ss 14(1)(f)-(g)), set strategic planning requirements (s 14(1)(h)), collect and publish procurement information (s 14(1)(i)), and conduct investigations and audits (s 14(1)(k), s 28).
Information and cooperation. State agencies must provide information and assistance for investigations and audits (s 30(1)), and officers may be required to attend and answer questions (s 30(2)). Agencies may identify information they consider should not be publicly reported, but the Minister or Department CEO need not accept that request (s 30(3)-(4)).

Delegations, decision rights and procedural protections

Delegations. The Minister may delegate Part 4 powers to the Department CEO, and the Department CEO may delegate powers under the Act to authorised persons (ss 15-16). Delegations must be in writing and may authorise further delegation (ss 15(2)-(4), 16(3)-(4)).
Procurement directions procedure. Procurement directions can be published for all State agencies or issued in writing to a single State agency (s 23(4)). They are not subsidiary legislation (s 23(6)), however certain sections of the Interpretation Act apply as if they were (s 23(7)). A procurement direction cannot be inconsistent with the Act (s 23(3)).
Contract validity and disciplinary proceedings. A procurement decision or contract is not invalid solely because of a contravention of a procurement direction (s 24(2)). This protects commercial stability while preserving the right to disciplinary measures against officers for non‑compliance (s 24(4)).
Investigatory standards. Investigations may be conducted by Department officers, or by external persons where conflicts of interest exist (s 29(4)). Suppliers who lodge complaints may request confidentiality, and the Department CEO may, subject to written law, refuse to disclose the supplier’s identity in an investigation or published report (s 29(7)).
Regulatory responses to non‑compliance. If the Department CEO is satisfied that an agency has not complied with the Act following an investigation, audit or other proceedings, it may issue written notices requiring remedial measures, publish the agency’s name and non‑compliance in the Department’s annual report, further regulate an agency’s procurement activities or require the Department CEO or another body to perform procurements on behalf of the agency, and refer the matter to another body or officer (s 31(2)(a)-(d)). These are administrative remedies, not criminal sanctions.
Debarment and review rights. Debarment powers are to be set in regulations (s 33). A supplier aggrieved by a decision of the Department CEO under Part 7 may apply to the State Administrative Tribunal for review (s 34).

Rights and protections for suppliers

Complaints and confidentiality. Suppliers may complain in writing about agency non‑compliance that affects their business (s 29(1)); the Department CEO may investigate (s 29(2)). Suppliers can request confidentiality, and the Department CEO may respect that request subject to written law (s 29(7)).
Fair procedures for debarment. The regulations must, at minimum, provide procedures to be followed before a supplier is debarred, including an opportunity to show cause (s 33(2)(d)). The Department CEO may suspend a supplier pending investigation (s 33(2)(e)), and regulations may authorise suspension without notice (s 36(3)) and set maximum debarment periods (s 33(2)(f)).
Review. Review to the State Administrative Tribunal is available for debarment and other prescribed decisions under Part 7 (s 34).

Operational rights of the Department

Borrowing. The Department CEO may borrow subject to Treasurer approval, with amounts credited to a Department operating account (s 20). This provides operational funding flexibility for activities under the Act.
Corporate instrument. The Procurement Executive Body provides a corporate conduit for the Department CEO to perform functions more conveniently carried out by a body corporate, while preserving the State’s immunities and privileges (s 18(2)(c)).

Together these duties and rights define a regulated procurement ecosystem that mixes central guidance and agency operational responsibility, with administrative remedies and supplier process protections concentrated in subordinate instruments and the SAT review route.

The Act is administrative and regulatory in its enforcement approach. It establishes oversight, suspension and debarment mechanisms, and administrative sanctions, but it does not create explicit criminal penalties within the text provided.

Administrative enforcement mechanisms

Investigations and audits. The Department CEO has explicit authority to investigate and audit procurement activity (s 28). The Department CEO must establish a programme of routine investigations and audits (s 28(2)) and may act on supplier complaints (s 29).
Corrective and regulatory action. After an investigation, audit or court/tribunal proceeding, if the Department CEO is satisfied an agency has not complied with the Act, the Department CEO may:
- give written notice specifying remedial measures and timeframes (s 31(2)(a));
- publish the agency’s name and the manner of non‑compliance in the Department’s annual report (s 31(2)(b));
- take or recommend actions to further regulate the agency’s procurement activities or require the Department CEO or another to perform procurements on the agency’s behalf (s 31(2)(c)(i)-(ii));
- refer the matter to another body or officer (s 31(2)(d)). These are administrative controls and reputational sanctions aimed at restoring compliance.
Disciplinary proceedings. The Act preserves internal disciplinary consequences for officers who do not comply with procurement directions (s 24(4)). The Act is explicit that contravention of directions does not invalidate decisions or contracts (s 24(2)), balancing contract stability against officer accountability.

Debarment, suspension and contract termination

Debarment via regulations. The Act delegates the specifics of debarment to regulations (s 33). Regulations may specify conduct warranting debarment, authorise suspension pending investigation, prescribe maximum debarment periods, and require agencies to comply with debarment decisions (s 33(2)(a)-(g)). Debarment may apply to primary supply roles, subcontracting, agency representation and can cover particular goods, services or works, including extensions of existing contracts (s 33(3)-(4)).
Contract termination. A State agency may terminate a contract with a debarred supplier by written notice (s 35(1)-(2)). Termination does not affect supplies already delivered or accrued rights and liabilities before termination (s 35(3)). Contracts may expressly govern termination consequences when a supplier becomes debarred (s 35(4)), and the regulations can make further provision (s 35(5)).
Suspension without notice. The Department CEO may suspend a supplier without notice of proposed suspension or an opportunity to show cause (s 36(3)). The regulations may also prescribe suspension pending investigation (s 33(2)(e)).

Liability and immunities

No damages for good faith debarment. The Act provides that damages are not payable, and no civil liability is incurred by or on behalf of the State for the debarment or suspension, or purported debarment or suspension, in good faith (s 36(8)). This immunises the State and its officers against civil claims connected to good faith exercise of debarment powers.
Continuing validity of contracts. The Act states that debarment or suspension does not affect the validity of contracts entered into before or after the debarment or suspension, though agencies retain the termination power (s 36(4)-(5) and s 35).

Judicial and tribunal review

State Administrative Tribunal (SAT) review. The Act provides a right for suppliers aggrieved by debarment decisions and other prescribed decisions under Part 7 to seek review in the SAT (s 34). The Act does not itself create a court appeal route for other administrative actions, leaving judicial review by courts to general administrative law pathways where applicable.

Enforcement architecture and limits

Administrative rather than criminal. The Act’s enforcement emphasis is regulatory oversight, administrative remediation, publication, and supplier exclusion. It explicitly does not make breaches of procurement directions render procurement decisions void (s 24(2)), privileging commercial certainty.
Delegation and reallocation. The Minister can assign Department CEO investigative functions to other relevant State agencies to enhance independence or address conflicts (s 17). This allows flexibility in enforcement but may introduce complexity in who leads investigations in particular cases.

In short, the Act builds an enforcement regime centred on audit, corrective directions, public reporting, and supplier exclusion through debarment and suspension, coupled with legal immunities for the State in relation to good faith debarment action. The absence of statutory criminal penalties in the text provided signals a design that favours administrative remedies and reputational instruments over criminalisation.

The Act is designed to sit within Western Australia’s broader statutory framework and to replace the State Supply Commission model. The text includes explicit pointers to interaction and consequential amendments.

Primary relationship and primacy rules

General rule. The Act applies to procurement by a State agency unless another written law specifically or by necessary implication excludes its application (s 11(1)). This gives way to express statutory exclusions in other Acts.
Western Australian Jobs Act. The procurement of goods, services or works by a State agency remains subject to obligations under the Western Australian Jobs Act 2017 (s 11(2)). Part 10 also amends that Act to align definitions and to reference procurement directions under this Act (Pt 10 Div 7, ss 71-73).

Replacement of the State Supply Commission

Repeal and abolition. The State Supply Commission Act 1991 is repealed (s 41). The State Supply Commission is abolished on transition day and its members cease to hold office (s 43).
Transfer of assets and liabilities. Assets, rights and liabilities of the State Supply Commission are assigned to the Procurement Executive Body (s 44(1)). Where assignment cannot be effected immediately, the State Supply Commission continues in existence to complete necessary transactions under s 46(3)-(5). Transitional provisions preserve continuity of proceedings, contracts and immunities (ss 44(2)-(4), 49-51).
Consequential amendments. Multiple Acts are amended to reflect replacement of the State Supply Commission with the Procurement Act framework, including the Constitution Acts Amendment Act 1899, Disability Services Act 1993, Financial Management Act 2006, Health Services Act 2016, Public Sector Management Act 1994, Vocational Education and Training Act 1996, and Western Australian Jobs Act 2017 (Pt 10).

Interaction with subsidiary instruments

Procurement directions and Interpretation Act. Procurement directions are not subsidiary legislation (s 23(6)), but certain provisions of the Interpretation Act 1984 apply to procurement directions as if they were subsidiary legislation (s 23(7)). This creates a hybrid status: directions sit outside the formal statutory rules for subsidiary legislation but are subject to procedural norms.
Delegation and application. The Minister may delegate Part 4 powers to the Department CEO (s 15), and the Department CEO may further delegate (s 16), subject to limits on delegating Part 6 powers to certain public service officers (s 16(6)). This interacts with administrative law principles governing delegation and accountability.

Debarment and other legal obligations

Regulations will govern debarment. The Act delegates substantive debarment details to regulations (s 33). These regulations may expressly require State agencies to comply with debarment or suspension decisions (s 33(2)(g)), and may permit authorised bodies to rely on the debarment to exclude suppliers (s 33(2)(i)).
Contracts and validity. The Act protects contract validity where procurement directions are contravened (s 24(2)) and states debarment or suspension does not itself affect the validity of contracts (s 36(4)). However, agencies retain the statutory power to terminate contracts with debarred suppliers (s 35).

Fiscal and financial interactions

Financial Management Act linkages. The Procurement Executive Body’s acts are to be regarded as services under the control of the Department for the purposes of the Financial Management Act 2006 s 52, and as operations of the Department for the purposes of Part 5 of that Act (s 18(4)). The Department CEO may borrow with Treasurer approval and credit borrowed sums to an operating account under the FMA framework (s 20).
Repeal of references. The Financial Management Act and other statutes are amended to remove references to the State Supply Commission and align with the new Procurement Act framework (Pt 10, Divisions 2-6).

External legal obligations and confidentiality

Confidentiality constraints. In investigations, the Department CEO may refuse to disclose supplier identity or other information at the supplier’s request, subject to any requirement of a written law (s 29(7)). Conversely, agencies may flag information they consider should not be publicly reported, but the Department CEO or Minister may decline to comply (s 30(3)-(4)). These provisions interact with other disclosure and freedom of information obligations.

Review and oversight

Review of the Act. The Minister must review the Act’s operation and effectiveness around the fifth anniversary and table a report in Parliament within 12 months of that anniversary (s 39). This review point creates an institutional mechanism to assess statutory alignment with other laws and intended policy outcomes.

In short, the Act is framed to be the central procurement statute for State agencies, subordinate to explicit exclusions in other written laws, and to replace an earlier institutional architecture. It delegates operational detail to regulations and procurement directions, and ties into existing financial management arrangements via express cross‑references.

The Act includes built‑in transitional and consequential amendment material and has recorded compilation notes reflecting later changes.

Key enactment and commencement entries

Assent and staged commencement. The Procurement Act 2020 received Royal Assent on 19 June 2020 (compilation table). Part 1 commenced on that date (s 2(a)). The remainder of the Act commenced in phases by proclamation, with key commencement dates listed in the compilation table: Parts 2-6 and 8, s 52 and Part 10 Div. 4 commenced 22 July 2020; Part 7 and certain transitional provisions commenced 1 June 2021 (compilation table).
The compilation table records subsequent Acts that have amended or interact with this Act, explicitly identifying the Building and Construction Industry (Security of Payment) Act 2021 Pt 7 Div 4 (assent 25 Jun 2021) and the Keystart Act 2024 (assent 13 Nov 2024) with their own commencement notes.

Noted textual amendments in the Act

Section 4. The defined terms provision carries an annotation indicating amendment by No. 4 of 2021 s 141 (see the bracketed note after s 4).
Section 5. The State agency definition was amended by No. 44 of 2024 s 65, shown in the bracketed note after s 5.
The compilation table explicitly lists amendments and commencement entries, which are authoritative for operational timing.

Repeal and transitional amendments

Repeal of earlier law. The Act repealed the State Supply Commission Act 1991 (s 41), abolished the State Supply Commission (s 43) and transferred its assets, rights and liabilities to the Procurement Executive Body (s 44). Transitional provisions preserve continuity of contracts, proceedings, and immunities (ss 44-52).
Consequential amendments. Part 10 sets out consequential amendments across several Acts to remove references to the State Supply Commission and to incorporate the Procurement Act framework, including constitutional references, the Financial Management Act, the Health Services Act, the Public Sector Management Act, the Vocational Education and Training Act and the Western Australian Jobs Act (Pt 10 Divs 1-7).

Regulatory and subordinate instrument changes

The Act anticipates extensive regulation making under s 38, and delegates much operational detail to procurement directions and regulations, especially debarment rules (s 33). Any substantial change to how debarment operates can be effected by regulations rather than statute, subject to Parliamentary oversight for regulations.

Practical implications of amendment history

The Act has been designed to be the central procurement statute with flexibility for later adaptation via procurement directions and regulations. The compilation table shows the Act’s staged operationalisation and cross‑references to later amending statutes. The bracketed amendment notes within the text indicate targeted textual changes since original enactment.

Users should consult the consolidated, current text as maintained in the compilation table and check for regulations made under s 38 and procurement directions issued under Pt 4, because substantive operational rules (for debarment, procurement methods, exemptions and the authorised body regime) will be in subordinate instruments that can change more frequently than the primary Act.

The Act as provided contains no judicial decisions, case citations or reported litigation references. It does, however, set out specific administrative review pathways and potential bases for judicial review.

Tribunal review

State Administrative Tribunal. The Act provides a direct right to apply to the State Administrative Tribunal for review of decisions of the Department CEO under Part 7, including decisions to debar a supplier and any other prescribed decisions (s 34). This gives suppliers an administrative review forum for debarment matters.

Potential judicial review and litigation pathways

Administrative law. While the Act does not catalogue litigation history, standard judicial review remedies remain available against administrative decisions to the extent permitted by general public law. The Act’s content will interact with judicial review principles where there are claims about jurisdictional error, procedural fairness, reasonableness, or improper delegation. The Act sets out procedural constraints and delegations (ss 15-17), which are relevant to justiciability and review.
Contractual disputes. The Act explicitly preserves the validity of procurement decisions and contracts despite contraventions of procurement directions (s 24(2)) and states debarment or suspension does not affect contract validity (s 36(4)). Parties seeking to challenge procurement decisions in contract disputes may therefore face a statutory backdrop that prioritises contract stability, but litigation could still arise on contractual terms or alleged breach unrelated to procurement directions.

Absence of case law in the text

The Act contains no embedded case law or references to judicial interpretation. Practitioners should be aware that precedents interpreting comparable procurement statutes or administrative law principles will be developed in future proceedings, particularly around the boundaries of procurement directions, the procedural requirements for debarment regulations, the extent of immunity in s 36(8), and the permissible scope of delegated investigative powers (s 16).

The Act creates mechanisms likely to attract review in the SAT and possibly in superior courts on administrative law grounds. Because the debarment regime is largely set out in regulations, many procedural and evidentiary issues likely to drive litigation will arise after regulations and directives are issued and applied to particular suppliers or agencies.

The Act contains several provisions and structural choices that produce operational hazards, counter‑intuitive outcomes and compliance traps. These are practical, enforceable features to watch for.

Procurement directions are not subsidiary legislation, but the Interpretation Act applies. Procurement directions are expressly not subsidiary legislation (s 23(6)), yet certain Interpretation Act sections apply as if directions were subsidiary legislation (s 23(7)). Practically, agencies should not treat directions as mere policy: they are legally binding (s 24(1)), but the hybrid status can complicate challenges based on subsidiary legislation procedural defects. Check which Interpretation Act provisions apply to procurement directions before relying on a procedural technicality.
Contracts remain valid despite contraventions. Section 24(2) states that a contract or procurement decision is not invalid only because of contravention of a procurement direction. This protects commercial certainty, but it also means internal non‑compliance risks discipline and administrative remedies rather than automatic contract unwinding. Agencies and suppliers should not assume non‑compliance provides an automatic contractual escape.
Suspension without notice. The Department CEO may suspend a supplier without notice or an opportunity to show cause (s 36(3)). Regulations can also prescribe suspension pending investigation (s 33(2)(e)). This creates acute commercial risk for suppliers; reliance on SAT review after suspension may be the primary remedial route.
Immunity for the State in good faith debarments. Section 36(8) removes civil liability for the State for debarment or suspension undertaken in good faith. This immunises the State from damages claims in many circumstances and raises the evidentiary burden for suppliers seeking compensation.
Agency must provide information and answer questions. Section 30(2) allows the Department CEO to require agency officers to attend to answer questions. Agencies cannot refuse cooperative assistance to investigations on procedural grounds, although they can seek to exclude particular matters from public reporting (s 30(3)), which the Department CEO or Minister may decline. This interrogative power is strong.
Reallocation of investigative functions. The Minister may assign Part 6 investigative functions to another relevant State agency to enhance independence or address conflicts (s 17). This permits situational reallocation but can create uncertainty about investigatory ownership in any given matter.
Broad coverage and prescribed exclusions. The Act’s default is broad coverage of procurement; certain procurements are excluded (s 9(2)), and the regulations may exclude additional procurements (s 9(2)(g)). Parties should verify whether a procurement is expressly excluded to avoid misapplication of debarment or direction rules.
Delegation complexity. The Minister may delegate Part 4 powers to the Department CEO (s 15), and the Department CEO may delegate to authorised persons including other agencies (s 16). Delegations may authorise further delegation. Practically, tracking the lawful decision‑maker for a given directive or action is necessary because improper delegation can be a ground of challenge.
Debarment scope depends on regulations. The Act leaves detailed debarment rules to regulations (s 33). Until regulations are in force, the precise conduct attracting debarment, maximum debarment periods, and the treatment of affiliates remain uncertain. Suppliers and agencies should monitor subordinate instruments closely.
Procurement Executive Body’s immunities and corporate form. The Procurement Executive Body is an agent of the State with the State’s status, immunities and privileges (s 18(2)(c)). Contracts executed by it are affected by that status and the Financial Management Act references (s 18(4)). Parties contracting with the Procurement Executive Body should take care about service of process, indemnities and dispute clauses.
Greenhouse gas obligations for fleet management. The Department CEO must, so far as practicable, minimise net greenhouse gas emissions for the State vehicle fleet and report annually (s 14(2)). This imposes measurable operational requirements that may influence procurement specifications for vehicles and fleet services.

These gotchas reveal areas where subordinate instruments, administrative practice and the exercise of discretion will determine concrete outcomes. Practitioners should focus on procurement directions, debarment regulations, delegation instruments, and Department CEO policy and reporting to anticipate operational impacts.

This section sets out practical steps that agencies, their officers and suppliers should take to comply with the Act’s requirements and to mitigate operational risks.

For State agencies and their officers

Identify coverage. Confirm whether the entity is a State agency under s 5. Check the Financial Management Act definition and whether any of the s 5(2) exclusions apply. If an entity is an entity controlled by a Minister or agency used for procurement, treat it as a State agency for these purposes (s 5(1)(b)).
Inventory procurements. Map out all procurement activities and classify which types of goods, services or works are covered, and which procurements fall under the s 9 exclusions (for example, land acquisition, employment, loans, grants and internal inter‑agency procurements unless part of cooperative arrangements).
Monitor procurement directions. Ensure internal processes capture and comply with applicable general and agency specific procurement directions (ss 21-24). Maintain a register of directions published under s 23(4)(a) and any written directions served under s 23(4)(b). Implement compliance checks and escalation paths for deviations.
Use common use arrangements appropriately. Where a common use contractual arrangement exists (s 25), assess whether it should be used, considering the Department CEO’s intention to establish such arrangements for efficiency. Seek Department CEO approvals for cooperative arrangements where required (s 26(2)).
Governance and delegation mapping. Record all delegations under ss 15-16 in writing, ensure they are signed, and document any sub‑delegations. Verify that any delegation or exercise of power complies with the Act’s delegation rules, especially where Part 6 investigative powers are involved (s 16(6)).
Procurement planning and reporting. Comply with the Department CEO’s strategic planning and reporting requirements (s 14(1)(h)). Maintain procurement records sufficient to support audits and investigations, and ensure officers can attend and answer questions under s 30(2).
Contract clauses. Consider including contractual clauses that anticipate debarment or suspension events and address consequences, noting s 35(4) allows contracts to contain express provisions for termination on debarment. Ensure confidentiality clauses align with s 30(3)-(4) and the Department’s obligations.
Training and capability building. Use the Department CEO’s capability programs (s 14(1)(g)) to upskill procurement staff and reduce integrity or compliance risks.
Responding to investigations. If investigated, cooperate with information requests (s 30(1)), consider asserting confidentiality of particular information with reasoned requests under s 30(3), and prepare to implement remedial measures if directed under s 31(2)(a).
Fleet management compliance. Where relevant, incorporate greenhouse gas minimisation and reporting requirements into fleet procurement decisions (s 14(2)).

For suppliers and prospective suppliers

Understand coverage and registration. Verify which entities are State agencies or authorised bodies, and whether a supplier contract would fall within the Act’s scope (ss 4, 5, 6). Monitor the public register of debarred suppliers maintained by the Department CEO (s 36(1)).
Tender and complaint rights. If a supplier believes an agency has failed to comply with the Act in a way that affects its business, lodge a written complaint with the Department CEO (s 29(1)). Understand that the Department CEO may investigate or may refer the complaint back to the agency under s 29(3).
Confidentiality protections. If making a complaint, consider requesting non‑disclosure of identity or sensitive information under s 29(7). Be aware the Department CEO may refuse this request where a written law requires disclosure.
Risk of suspension and debarment. Anticipate that the Department CEO can suspend suppliers pending investigation and may do so without notice (s 36(3)). Understand regulations may extend debarment effects to subcontracting and agency representation (s 33(3)). Maintain documentation to rebut any show cause process under the regulations (s 33(2)(d)).
SAT review rights. If debarred or otherwise aggrieved by a decision under Part 7, consider application to the State Administrative Tribunal for review (s 34).
Contract management. Where entering contracts with State agencies, account for possible termination under s 35 in debarment scenarios, and maintain records demonstrating compliance with procurement requirements.

For authorised bodies

Check procurement direction declarations. Authorised body status is conferred by procurement direction (s 6). Confirm whether a procurement direction declares the entity an authorised body, and what permissions follow.
Use of common use contracts and cooperative arrangements. Determine if the Department CEO has authorised your use of common use contractual arrangements or cooperative arrangements (s 25(3)). Obtain necessary approvals where the Act requires Department CEO approval (ss 26(2), 27(3)).

Regulatory and procedural monitoring

Track subordinate instruments. Because many operational details,especially for debarment,are in regulations and procurement directions, maintain live monitoring of regulations made under s 38 and procurement directions issued under Pt 4.
Compliance program. Adopt a compliance program aligned to the Act’s objects (s 3), integrating procurement integrity, SME access considerations, and environmental reporting for fleet management if applicable.
Audit readiness. Prepare for routine Department CEO audits under s 28 by centralising procurement records, establishing document retention policies, and ensuring officer availability for required inquiries.

In short, compliance requires both legal monitoring,tracking procurement directions, regulations and delegations,and organisational change,implementing policies, training, record keeping and governance to meet investigatory, reporting and procurement planning obligations under the Act.

Deep Dive

What it does

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