Western Australian Jobs Act 2017

The Act’s operative concepts are defined in s 3 and given statutory force throughout Parts 2-6.

• WAIPS: The Western Australian Industry Participation Strategy is a Minister-developed written strategy about participation by local industry in activities connected with supplies meeting prescribed criteria (s 5(1)-(3)). The WAIPS may set different provisions by class of supply, plan or contract and may contain guidelines and application procedures (s 6). The WAIPS must be publicly available on a Department website (s 10) and is explicitly not subsidiary legislation (s 5(4)). The WAIPS must be consistent with the Procurement Act 2020, procurement directions, any other procurement-related written law, and s 92 of the Commonwealth Constitution (s 9).

• WAIPS supply: The Act repeatedly restricts obligations to "WAIPS supplies", that is, supplies that meet the criteria prescribed for the purposes of s 5(1) and defined as WAIPS supplies in the defined terms (s 3(1)). The Act does not itself set those criteria; they are to be prescribed by regulation. Consequently the scope of application depends on subordinate instruments or regulation.

• Participation plan: A participation plan is a written statement outlining, in accordance with the WAIPS, the commitments of a prospective supplier about the participation of local industry, especially small or medium enterprises, in activities for or connected with a WAIPS supply (s 11(1)-(3)). A plan can be part of another document or standalone. If a supply has been designated a strategic project under s 17, participation plans must address matters specified in that determination (s 11(2)).

• Local industry: "Local industry" is defined widely to include suppliers of goods produced, or services provided, not only in Western Australia but also in another State, a Territory or New Zealand (s 3(1)). That statutory definition expands the pool that counts as "local" under the WAIPS.

• Procurement agency and procurement process: A procurement agency, in relation to a WAIPS supply, is the agency responsible for conducting the procurement process for that supply (s 3(1)). The Act cross‑references goods and services as defined by the Procurement Act 2020 (s 3(1)(a) and s 3(2)).

• Strategic project: The Minister may determine a WAIPS supply to be a strategic project where the Minister considers it strategically significant to the Western Australian economy. A determination must be in writing, may be amended or revoked in writing, and may prescribe matters that participation plans must address (s 17). The Minister can make a determination only where the WAIPS supply meets prescribed criteria (s 17(2)).

• Ministerial powers, delegation and publication: The Minister has powers to exempt procurement agencies from participation plan requirements (s 15); to determine strategic projects (s 17); to delegate exemption powers to the Department chief executive officer and authorise further delegations (s 16). Agencies must publish notices of exemptions and determinations on their websites (ss 15(3), 17(4)). The Minister must publish the WAIPS on a Department website (s 10), and prepare an annual report on implementation (s 19).

• Interaction with other law and limits on legal consequences: The WAIPS must be consistent with the Procurement Act and procurement directions, other procurement laws and s 92 of the Commonwealth Constitution (s 9). The Act provides that contravention of the Act or the WAIPS does not of itself create civil or criminal liability, nor does it render a procurement decision or supply contract invalid (s 24(1)-(2)).

These principal concepts structure obligations and discretion. The Act ties participation objectives to the procurement system while preserving procurement law principles and limiting legal invalidity as a remedy for non‑compliance.

Primary institutional and private actors affected by the Act are spelled out in the definitions and operative provisions.

• The State and agencies: The Act expressly binds the Crown in right of Western Australia and, so far as the Parliament’s legislative power permits, the Crown in other capacities (s 4). "Agency" is broadly defined to include agencies under the Financial Management Act 2006 (excluding listed universities), government trading entities and persons or bodies prescribed by regulation (s 3(1)(a)-(c)). Government trading entities are specifically listed to include electricity corporations, port authorities, water corporations, the Western Australian Land Authority and Keystart (as amended), and their subsidiaries (s 3(1)(a), (aa), (b)-(e)). Where the Act imposes an obligation on a department of the Public Service, the obligation is imposed on that department’s chief executive officer (s 22).

• Procurement agencies: For WAIPS supplies, the procurement agency is the agency responsible for conducting the procurement process (s 3(1)). Procurement agencies bear compliance duties under Part 3 to require participation plans from prospective suppliers (subject to ministerial exemptions or regulations), to assess and consider those participation plans in procurement evaluation (s 12(1), s 13(1)-(2)), to incorporate participation plan commitments into supply contracts to the extent required by the WAIPS (s 14), and to publish notices of exemptions and strategic project determinations (ss 15(3), 17(4)).

• The Minister and Department: The Minister must develop, implement and maintain the WAIPS and may amend it (s 5). The Minister decides on exemptions under s 15 and strategic project determinations under s 17, must prepare an annual report and may request information from agencies for reporting (ss 19-20). The Minister may delegate exemption powers to the chief executive officer of the Department and further authorise delegation (s 16).

• Prospective suppliers and small or medium enterprises: Prospective suppliers making offers in procurement processes for WAIPS supplies must submit participation plans (s 12(1)), which set out commitments relating to participation by local industry, particularly small or medium enterprises (s 11(1)). Small or medium enterprises are defined as businesses with fewer than 200 full‑time equivalent employees (s 3(1)). Participation plan commitments, when incorporated into supply contracts, create contractual obligations for suppliers and reporting duties (s 14).

• Other public actors: Ministers responsible for procurement agencies must be consulted if the Minister proposing a determination is not the Minister responsible for that procurement agency (s 18). Agencies more broadly must provide information to the Minister on request for reporting purposes and may identify information they consider commercially sensitive (s 20).

Who pays and who decides. The State pays for supplies procured by agencies. Procurement agencies decide how to run procurement processes subject to the WAIPS, the Procurement Act 2020 and procurement directions, and the Minister decides WAIPS content, exemptions, and strategic designations (ss 5, 9, 12, 15, 17). Suppliers incur the compliance costs of preparing participation plans and meeting commitments that are incorporated into contracts. Agencies incur administrative costs to assess plans, to incorporate contractual commitments and to publish required notices, and the Department bears reporting obligations.

The Act’s reach is limited in practice to supplies that meet prescribed WAIPS supply criteria, to which the various duties attach. Regulations may also exempt classes of WAIPS supplies or prescribe circumstances in which s 12(1) does not apply (s 12(2)), so the set of affected procurements is capable of being narrowed or clarified by subordinate law.

The Act creates a network of duties and rights for Ministers, procurement agencies, suppliers and agencies generally. The statutory text defines what must be done and what may be done.

Duties imposed on the Minister and Department:

• Develop and implement the WAIPS, and amend or replace it from time to time (s 5(1)-(3)). The WAIPS must be publicly available on a Department website (s 10).
• Prepare an annual report on the implementation of the Act and the WAIPS, and lay that report before each House of Parliament by 30 November following the end of the financial year (s 19).
• When proposing to determine, amend or revoke a strategic project for a WAIPS supply and the Minister is not the Minister responsible for the procurement agency, consult the Minister responsible for that procurement agency (s 18).

Duties on procurement agencies:

• Require each prospective supplier in the course of the procurement process for a WAIPS supply to submit a participation plan (s 12(1)), unless the obligation is disapplied by regulation or a ministerial exemption (s 12(2), s 15).
• Assess and consider participation plans in the evaluation of offers, with the assessment carried out in accordance with the WAIPS (s 13(1)-(2)).
• Ensure that any supply contract for a WAIPS supply incorporates participation plan commitments to the extent required by the WAIPS and includes reporting requirements for those commitments (s 14).
• Publish on their websites notices of exemptions and of determinations that a WAIPS supply is a strategic project, and any amendments or revocations (ss 15(3), 17(4)).

Duties on agencies (general) in relation to ministerial reporting:

• Provide, on request, information to the Minister for the purposes of the annual report, and identify any information that should not be included because it is confidential or commercially sensitive, with the Minister having discretion whether to comply with such requests (s 20).

Duties and rights as to exemptions, delegations and determinations:

• The Minister may exempt a procurement agency in writing from the obligation to require participation plans, and may amend or revoke an exemption (s 15). The Minister may delegate this power to the Department chief executive officer and authorise further delegation (s 16). The procurement agency must publish the exemption (s 15(3)).
• The Minister may, in writing, determine that a WAIPS supply is a strategic project and require participation plans to address specified matters, but only where the WAIPS supply meets prescribed criteria (s 17(1)-(2)). The Minister may amend or revoke such a determination in writing (s 17(3)).

Rights and limits:

• The WAIPS must take into account objectives such as promoting diversification and growth of the WA economy, encouraging apprenticeship and training, and giving local industry a full, fair and reasonable opportunity to compete with foreign suppliers (s 7). The WAIPS must have regard to these objectives when developed, amended or replaced.
• The WAIPS must also be consistent with procurement law and constitutional limits, specifically the Procurement Act 2020 and section 92 of the Commonwealth Constitution (s 9).
• Importantly, the Act expressly provides that contravention of the Act or the WAIPS does not of itself give rise to civil or criminal liability, nor does it render procurement decisions or supply contracts invalid (s 24(1)-(2)). That provision defines the legal limits of remedies available for non‑compliance with the Act itself.

Operational features and variability:

• Participation plan content is governed by the WAIPS and, where a strategic project determination has been made, by matters specified in that determination (ss 11(1)-(2), 17(1)(b)). The WAIPS may require different content for different classes of supply, and may specify guidelines and procedures (s 6). Participation plan commitments are incorporated into contracts only to the extent required by the WAIPS (s 14).

Collectively, the Act imposes procedural and contractual duties rather than direct statutory sanctions for non‑compliance, and vests substantive policy decisions in the Minister and the WAIPS. Procurement agencies have operational duties to implement the WAIPS in procurement processes, while suppliers have duties to prepare and comply with participation plans as contractually incorporated.

The Act contains no express civil penalties, criminal offences or administrative fines for contravention of its obligations. The text establishes a framework that relies primarily on administrative implementation and contractual mechanisms rather than statutory sanctions.

Key textual points about enforcement and legal consequences:

• Section 24 provides that "No civil or criminal liability attaches to an agency or any other person only because the agency or other person has contravened this Act or the WAIPS" (s 24(1)). The section further provides that a procurement decision or supply contract is not invalid only because of a contravention of the Act or the WAIPS in relation to the WAIPS supply (s 24(2)). These provisions remove, as of right, certain legal consequences that would otherwise flow automatically from contravention of the Act or the WAIPS.

• Enforcement is therefore likely to operate mainly through contractual incorporation of participation plan commitments into supply contracts (s 14). The Act requires procurement agencies to ensure that contracts incorporate participation commitments to the extent required by the WAIPS and to include reporting requirements (s 14). Where the WAIPS requires contractual obligations, breach of those contractual obligations would be actionable under the general law of contract, subject to the terms of the contract itself. The Act does not specify remedies for breach of incorporated commitments; those remedies will depend on the contractual provisions that procurement agencies choose and on general contract law.

• The Act imposes publication, reporting and transparency duties that provide administrative levers. Procurement agencies must publish notices of exemptions and determinations on their websites (ss 15(3), 17(4)). The Minister must report annually on implementation of the Act and the WAIPS and must lay that report before Parliament (s 19). Agencies must supply information to the Minister on request and can identify confidential or commercially sensitive material (s 20). These reporting and publication requirements create visibility and potential political or reputational consequences for non‑compliance.

• Regulatory power: The Governor may make regulations prescribing matters required or permitted by the Act or necessary to give it effect (s 25). Regulations could create procedural obligations, exemptions or detailed requirements relevant to enforcement or compliance, but the Act does not itself establish penalty regimes in the primary legislation.

• Delegation and internal governance: The Minister may delegate exemption powers to the Department chief executive officer and authorise further delegation (s 16). Accountability for how exemptions are granted and publicised rests with the Minister and procurement agencies given the statutory publishing requirements for exemptions and determinations.

In sum, statutory enforcement under the Act is achieved through administrative direction, public reporting and the contractual route rather than through criminal penalties or statutory fines in the Act itself. The Act expressly forecloses automatic invalidity or civil/criminal liability for contravention, which focuses enforcement attention on contract terms, procurement guidance in the WAIPS and ordinary administrative oversight.

The Act contains multiple express cross‑references and supremacy rules to align WAIPS obligations with the broader statutory procurement framework and constitutional constraints.

Key statutory interactions recorded in the Act:

• Procurement Act 2020: Section 9(a) requires the WAIPS to be consistent with the Procurement Act 2020 and procurement directions under that Act. Section 3(1)(a) incorporates the Procurement Act 2020 definition of goods, services or works into the meaning of "goods or services" for the Western Australian Jobs Act. The compilation notes also show amendments linked to the Procurement Act 2020 (Compilation table and footnotes). This cross‑reference makes the Procurement Act primary for procurement process mechanics, and positions WAIPS as a policy layer required to sit alongside procurement law and directions.

• Other written laws relating to procurement: Section 9(b) requires WAIPS consistency with "any other written law that relates to the procurement of goods or services by agencies." This catch‑all captures statutory duties that may exist in the enabling statutes of specific agencies, or other procurement-related Acts or regulations.

• Commonwealth Constitution section 92: Section 9(c) expressly requires the WAIPS to be consistent with section 92 of the Constitution of the Commonwealth. That section provides for freedom of interstate trade and commerce. By incorporating this requirement into the WAIPS obligations, the Act signals that WAIPS content and application must respect constitutional limits on restraints of interstate trade. The Act itself does not provide judicial mechanisms or interpretive guidance, but it makes constitutional conformity an explicit design factor for the WAIPS.

• Agency establishing Acts: Section 23 states that if an obligation under this Act conflicts with an obligation imposed on an agency under the Act that establishes or continues the agency, the obligation under this Act prevails to the extent of the conflict. That clause gives the Western Australian Jobs Act precedence over any inconsistent obligations in an agency’s foundational legislation, subject to constitutional and other limits.

• Definitions and amendments: Section 3 imports definitions and was amended by the Procurement Act 2020 (No. 24 of 2020 s 72) and the Keystart Act 2024 (No. 44 of 2024 s 74) as indicated by the footnote to s 3. The compilation table shows those amendments and commencement dates. Practitioners must read the Act in the context of those amendments; for example, Keystart becomes a listed government trading entity effecting who counts as an agency for the purpose of the Act (s 3(1)(aa)).

Practical consequences of these interactions:

• WAIPS must be drafted and applied in a way that does not contradict procurement directions or statutory procurement rules, and must not produce restrictions incompatible with section 92. The Act expressly requires that alignment (s 9).

• Because the Act permits the incorporation of participation plan commitments into supply contracts (s 14), the Procurement Act 2020’s procurement process rules will govern how those plans are assessed and included. The WAIPS must be consistent with procurement directions, so procurement agencies will look to integrate WAIPS obligations within statutory procurement frameworks.

• Section 24’s non‑invalidity rule interacts with statutory and common law remedies: while a contravention of the Act or the WAIPS does not, of itself, invalidate a procurement decision or contract, other legal avenues external to the Act may remain open if conduct breaches other statutory obligations or general law duties not covered by s 24. Section 23 also creates a potential tension where this Act overrides inconsistent obligations in agency‑establishing Acts; that could raise interpretive or administrative questions where agencies have statutory duties that are difficult to reconcile.

• Regulations under s 25 can further shape interactions by prescribing matters required or permitted by the Act or necessary to give effect to it. The practical delineation of what counts as a WAIPS supply is reserved to regulations (s 3 definition and s 5(1) reference to "criteria prescribed for the purposes of this subsection"), so subordinate legislation will materially determine the Act’s operational footprint.

In short, the Western Australian Jobs Act 2017 is designed to sit within the statutory procurement architecture, to be applied in a manner consistent with procurement law and constitutional limits, and to be operationalised by the WAIPS and regulations that must work alongside the Procurement Act 2020 and other legal instruments.

The Act’s compilation table and in‑text amendment notes record parliamentary amendments and connected legislative changes. The compilation table explicitly lists the Act’s enactment and subsequent amendments reflected in other Acts.

Primary chronological points in the source compilation:

• The Western Australian Jobs Act 2017 (No. 18 of 2017) received Royal Assent on 13 December 2017. Sections 1 and 2 commenced on 13 December 2017 while the remainder of the Act commenced on 1 October 2018 (s 2 and compilation table).

• The Act was amended in connection with the Procurement Act 2020 (No. 24 of 2020). The compilation table records "Procurement Act 2020 Pt. 10 Div. 7" as an amending instrument (No. 24 of 2020, assent 19 June 2020), with that amendment commencing on 1 June 2021. In‑text notes show that s 3 was amended by No. 24 of 2020 s 72 and s 9 was amended by No. 24 of 2020 s 73. These amendments demonstrate that the Western Australian Jobs Act has been adapted to align with the later Procurement Act.

• The Act was further amended by the Keystart Act 2024 (No. 44 of 2024). The compilation table records "Keystart Act 2024 Pt. 8 Div. 8" as an amending instrument (No. 44 of 2024, assent 13 November 2024), with commencement of that amendment scheduled for 1 July 2025. The in‑text footnote to s 3 shows s 3 was amended by No. 44 of 2024 s 74, which added Keystart to the list of government trading entities in the definition of "government trading entity" (s 3(1)(aa)).

Interpretive observations grounded in the source:

• The Act’s operational content has been shaped by later procurement law reform. The Procurement Act 2020 both was made a statutory cross‑reference target for WAIPS consistency (s 9(a)) and made consequential amendments to definitions (s 3), indicating legislative intent to preserve coherence between the WAIPS regime and wider procurement reform.

• The inclusion of Keystart as a government trading entity by the 2024 Act inserted a specific agency into the class of bodies to which the Jobs Act’s procurement obligations can apply (s 3(1)(aa)). The compilation table records the staged commencement of that amendment.

• The Act contemplates regulations to prescribe WAIPS supply criteria and other matters (s 25 and the defined term "prescribed" in s 3(1)). The Act’s reach and operational details depend in part on subordinate instruments that may be updated over time.

For practitioners, the key amendment history signals are the Procurement Act 2020 linkage and the later inclusion of additional government trading entities. Any current‑state application requires reading the Jobs Act with the amendments reflected in the compilation table and in the latest version of regulations and the WAIPS itself.

The Act text and compilation supplied do not include any judicial decisions or litigation history. There are no cases named in the statute compilation, and the Act itself contains no schedule or note of litigation. The compilation table lists only the statutory amendment history and commencement details. Therefore there is no litigation history recorded in the provided source.

Although the source contains no cases, the Act’s provisions suggest particular legal touchpoints that could be the focus of future litigation or judicial review. These potential subjects for dispute are inherent in the statutory structure, and are identified here only as areas where legal arguments might arise, grounded in the text:

• Constitutional consistency: Section 9(c) requires the WAIPS to be consistent with section 92 of the Commonwealth Constitution. Challenges in future litigation could engage whether particular WAIPS measures or procurement decisions unlawfully impede freedom of interstate trade and commerce. The Act requires that the WAIPS be consistent with s 92, but the statute does not itself adjudicate disputes about constitutional compatibility.

• Statutory inconsistency and precedence: Section 23 provides that an obligation under this Act prevails to the extent it conflicts with an obligation imposed under an agency’s establishing Act. Questions could arise about the scope of that supremacy, and whether particular agency obligations can be harmonised or are overridden. The statute text itself gives the Jobs Act precedence as the legislative intent, but disputes may arise about the proper reading of conflicting statutory duties.

• Administrative discretion and delegation: The Act gives the Minister broad discretion to exempt procurement agencies from participation plan requirements (s 15), to determine strategic projects (s 17), and to delegate exemption powers to the Department chief executive officer (s 16). Judicial review might be sought in relation to the legality or reasonableness of particular uses of that discretion, procedural requirements such as consultation under s 18, or the lawfulness of published determinations.

• Contractual enforcement and remedies: Because the Act requires participation plan commitments to be incorporated into contracts to the extent required by the WAIPS (s 14) but expressly disclaims automatic civil or criminal liability or invalidity for contraventions (s 24), disputes are more likely to arise under contract law than under statutory invalidity doctrines. Litigation could therefore focus on contract interpretation, breach and remedies where participation plan obligations are contractually framed.

These are conceptual avenues indicated by the Act’s content. The Act itself, as supplied, does not record any litigation to date. Practitioners seeking precedent must therefore look beyond this source to relevant case law, and assess disputes in light of the Act’s explicit non‑invalidity clause (s 24), its delegation and publication regime (ss 15-17), and its cross‑references to procurement law and constitutional limitations (s 9).

The statutory text contains a number of features that can produce practical surprises for procurement officers, suppliers and legal advisors. The following items distil specific provisions and their concrete legal or operational implications.

• "Local industry" is not limited to Western Australia: The defined term "local industry" includes suppliers of goods produced, or services provided, in Western Australia, another State, a Territory or New Zealand (s 3(1)). That definition expands the class of suppliers that count as local under the WAIPS, so WA‑based participation objectives may be achieved using suppliers from elsewhere in Australia or New Zealand. Users should not assume "local" means exclusively Western Australian.

• WAIPS is a Ministerial strategy, not subsidiary legislation: The WAIPS is explicitly not subsidiary legislation for the purposes of the Interpretation Act 1984 (s 5(4)). This means that the WAIPS will not carry the same procedural or review constraints that typically apply to subordinate instruments. While the WAIPS must be publicly available (s 10) and consistent with the Procurement Act 2020 and s 92 (s 9), the WAIPS is a policy instrument with flexible amendment power granted to the Minister (s 5(3)).

• Scope depends on prescribed WAIPS supplies and regulations: Obligations attach only to WAIPS supplies, that is, supplies that meet criteria prescribed for s 5(1) and defined as WAIPS supplies (s 3(1)). The Act does not set those criteria itself. Regulations may also provide that the obligation to require participation plans does not apply to procurement agencies in relation to prescribed classes of WAIPS supply or in prescribed circumstances (s 12(2)). The practical footprint of the Act therefore depends on subordinate regulation.

• Participation plans are assessed "in accordance with the WAIPS" but the Act gives no mandatory scoring or weighting rules: Section 13 requires procurement agencies to "assess and consider" participation plans in the evaluation of offers, and to carry out the assessment "in accordance with the WAIPS." The WAIPS may provide guidance, but the Act does not fix how participation plans must be weighted relative to price or other evaluation criteria. The Act does, however, make value for money the primary consideration in procurement decisions (s 8(a)). Procurement agencies therefore retain operational discretion within the constraints of the WAIPS and procurement law.

• Exemptions and delegations can remove the obligation to require participation plans: The Minister may exempt a procurement agency from the obligation to require participation plans (s 15). The Minister may delegate that power to the Department chief executive officer and authorise further delegation (s 16). Procurement agencies must publish the fact of an exemption (s 15(3)). Practitioners should check for published exemptions or delegated decisions that apply to particular procurements.

• Strategic project determinations are ministerial and must meet prescribed criteria: The Minister may designate a WAIPS supply as a strategic project, but only where the supply meets prescribed criteria (s 17(2)). Determinations, amendments and revocations must be in writing and are published by procurement agencies (s 17). Participation plans for strategic projects must address matters specified in the determination (ss 11(2), 17(1)(b)). The content of such determinations will materially affect what suppliers must commit to.

• Contravention does not automatically invalidate contracts or attract liability: Section 24 provides that contravention of the Act or WAIPS does not of itself attract civil or criminal liability nor invalidate procurement decisions or contracts (s 24(1)-(2)). That means that legal remedies for non‑compliance will often depend on contract terms (as participation plan commitments are incorporated into contracts per s 14) or on other statutory duties, not automatic invalidation under this Act.

• Reporting timing and parliamentary laying: The Minister must prepare an annual report after the end of each financial year and lay it before each House of Parliament, or deal with it under s 21, before 30 November next following the end of the financial year (s 19). If a House is not sitting and will not sit before that day, the Minister transmits a copy to the Clerk, which is taken to be laid and recorded on the first sitting day thereafter (s 21). Those timelines have operational consequences for departmental reporting cycles.

• The Act overrides inconsistent obligations in agency founding Acts: Section 23 makes obligations under this Act prevail over conflicting obligations in the Act that establishes or continues an agency. That could generate interpretive or administrative conflict that agencies must manage.

• Publication obligations create transparency but not automatic remedy: Procurement agencies and the Minister must publish the WAIPS, and notices of exemptions and determinations (ss 10, 15(3), 17(4)). Publication increases transparency and creates reputational levers, but the Act places no statutory penal sanction for failure to publish. Agencies should maintain audit trails and website records to evidence compliance.

• Interaction with Procurement Act 2020: Because the WAIPS must be consistent with the Procurement Act 2020 and procurement directions (s 9(a)), procurement officers must reconcile WAIPS content and participation plan evaluation with statutory procurement rules and directions. The Procurement Act will govern sweep and procedure; the Jobs Act overlays participation objectives.

These "gotchas" are direct corollaries of the Act’s text. Practitioners should examine the WAIPS, relevant regulations, any published exemptions and strategic project determinations, and contract clauses used to incorporate participation plan commitments to understand how these features operate in practice.

Compliance under the Act is operational and procedural. The Act places duties mainly on procurement agencies, the Minister and suppliers for WAIPS supplies and relies on the WAIPS and procurement contracts for practical enforcement. The following steps outline a practical compliance checklist grounded in the statutory text.

For procurement agencies:

1. Determine WAIPS supply status:

   • Confirm whether the supply meets the prescribed criteria to be a WAIPS supply. The Act’s obligations apply only to supplies that meet prescribed criteria (s 3(1) definition of "WAIPS supply" and s 5(1)). Consult relevant regulations to identify covered supplies.

2. Check for exemptions or regulations disapplying s 12(1):

   • Check whether the regulations prescribe a class of WAIPS supply or circumstances to which s 12(1) does not apply (s 12(2)). Check whether the Minister has issued an exemption in writing under s 15(1) and whether that exemption remains in force or has been amended or revoked (s 15(2)). Publish notices of any exemptions per s 15(3).

3. Incorporate the WAIPS into procurement documentation:

   • Ensure procurement tender documentation and evaluation plans refer to the WAIPS and its guidance, reflecting that participation plans must be "assessed and considered" in accordance with the WAIPS (s 13(1)-(2)). Where the WAIPS sets specific criteria or evaluation approaches, integrate those into the procurement evaluation methodology.

4. Require and manage participation plans:

   • For each WAIPS supply not excluded by regulation or exemption, require prospective suppliers to submit participation plans during the procurement process (s 12(1)). Participation plans may be standalone or part of another document (s 11(3)). Set clear submission formats and deadlines consistent with the WAIPS.

5. Assess, score and document consideration of participation plans:

   • Assess participation plans in accordance with WAIPS guidance (s 13(2)). Although the Act does not prescribe a scoring method, document how participation plans were evaluated and how they influenced the procurement decision, to create an audit trail that aligns with the value for money and probity principles in s 8.

6. Contractual incorporation and reporting:

   • Ensure any supply contract entered into for a WAIPS supply incorporates participation plan commitments to the extent required by the WAIPS and includes contractually enforceable reporting obligations about the extent to which commitments are being met (s 14). Draft clear contractual obligations, metrics, reporting intervals and remedies for breach or non‑performance under the contract.

7. Publication and transparency obligations:

   • Publish notices of strategic project determinations and of exemptions on the procurement agency’s website (ss 15(3), 17(4)). Maintain accessible WAIPS copies and relevant procurement guidance on the agency website where required.

8. Respond to Ministerial information requests:

   • When the Minister requests information for the annual report, provide the requested material promptly. Agencies may identify information they consider confidential or commercially sensitive and request exclusion, and the Minister may but is not required to comply with such requests (s 20).

9. Internal governance and delegations:

   • Ensure the chief executive officer fulfils any obligations if the agency is a department (s 22), and maintain proper delegation records where the Minister has delegated exemption powers to the Department chief executive officer (s 16).

For prospective suppliers:

1. Determine whether the procurement is a WAIPS supply:

   • Ascertain whether the procurement is designated a WAIPS supply and whether it has been determined a strategic project. If so, identify any matters specified in the determination that participation plans must address (ss 11(2), 17).

2. Prepare the participation plan in accordance with WAIPS:

   • Draft a participation plan that aligns with WAIPS objectives and guidelines (ss 5, 6, 7). Address commitments to local industry participation, and, if the procurement is a strategic project, address matters set out in the ministerial determination (s 11(2)).

3. Anticipate contractual incorporation:

   • Assume that participation plan commitments may be incorporated into the supply contract to the extent required by the WAIPS, and design commitments that are deliverable and measurable. Be prepared to meet reporting obligations incorporated into the contract (s 14).

4. Keep commercial‑in‑confidence positions clear:

   • If supplying information to the Minister or procurement agency that is commercially sensitive, mark it accordingly and communicate the basis for confidentiality in submissions, recognising the Minister may accept or decline requests to exclude such material from public reports (s 20).

For the Minister and Department:

1. Maintain the WAIPS and ensure public availability:

   • Develop, update and publish the WAIPS on the Department website. Ensure WAIPS content takes account of the statutory objectives (s 7) and principles (s 8), and is consistent with the Procurement Act 2020 and s 92 (s 9).

2. Use exemptions and strategic project determinations according to procedure:

   • Exercise powers to exempt procurement agencies or to determine strategic projects in writing, publish notices of such actions via procurement agencies and observe consultation requirements where the Minister proposing a determination is not the Minister responsible for the procurement agency (ss 15-18).

3. Carry out the statutory review and reporting functions:

   • Prepare the annual report on implementation for tabling by 30 November (s 19), and complete the statutory review of the Act before the fifth anniversary of s 26 coming into operation, preparing and laying the review report as soon as practicable (s 26).

Legal and risk management considerations:

• Contract drafting should be the primary enforcement vehicle for participation plan commitments, since s 24 prevents automatic civil or criminal liability and invalidity arising solely from contravention of the Act or WAIPS (s 14, s 24). Make contractual remedies and reporting obligations explicit and proportionate.

• Ensure alignment with Procurement Act 2020 and procurement directions because WAIPS must be consistent with those instruments (s 9(a)). Check for any regulatory exemptions that may remove participation plan obligations for certain classes of supply or circumstances (s 12(2)).

• Retain administrative records and evidence of assessment and consideration of participation plans to support value for money and probity principles and to satisfy reporting requests by the Minister (ss 8, 13, 19-20).

By following these operational steps, agencies and suppliers can implement the Act’s procedural requirements, preserve decision‑making records, and align contractual terms with WAIPS commitments as intended by the statute.