1Wrongs (Public Contracts) Act 1981

Version No. 005 **Wrongs (Public Contracts) Act 1981** **No. 9669 of 1981** Version incorporating amendments as at 1 July 2024 **table of provisions** *Section Page* 1 Short title and commencement 1 2 Interpretations 1 3 Rights to damages for breach of contract 3 4 Supreme Court may grant an injunction 4 5 Evidentiary and procedural provision 4 6 Averments to be prima facie evidence 5 Endnotes 7 1 General information 7 2 Table of Amendments 9 3 Explanatory details 10 **Version No.** **005** **Wrongs (Public Contracts) Act 1981** **No. 9669 of 1981** Version incorporating amendments as at 1 July 2024 An Act to enable the Recovery of Loss or Damage arising out of the Breach of certain Contracts and for other purposes. **BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):** 1 Short title and commencement (1) This Act may be cited as the **Wrongs (Public Contracts) Act 1981**. (2) This Act shall come into operation on the day upon which it receives the Royal Assent. 2 Interpretations (1) In this Act, unless inconsistent with the context or subject-matter— ***Contract to which this Act applies*** means— (a) a contract between a Minister or public statutory body and a contractor; or (b) a contract between a contractor and sub-contractor— which is for or in relation to the execution of any major public works and which is declared by Order of the Governor in Council to be a contract to which this Act applies; ***Contractor*** means a person who or body (whether incorporated or not) which is engaged to perform work or provide services for a Minister or public statutory body; ***Sub-contractor*** means a person who or body (whether incorporated or not) which is engaged to perform work or provide services for a contractor; S. 2(1) def. of *Major public works* amended by No. 11/2024 s. 114. ***Major public works*** means— (a) the scheme for the establishment of a power station at Loy Yang; or (b) any works or proposed works which are declared by a resolution of each House of the Parliament to be major public works; ***Officer of an organization*** includes any person holding any office position place of authority or stewardship in or carrying out any duties for an organization under its rules or for its members or any section thereof (whether for remuneration or otherwise) and includes any person holding himself out as an officer of any organization, and includes any person holding any such office at the time a cause of action arises under this Act; ***Organization*** means any body whether corporate or unincorporate and includes any branch sub-branch section or part of such an organization; ***Relevant responsible body*** in relation to a contract to which this Act applies means the Minister or public statutory body which is declared by the Governor in Council to be responsible for the major public works for or in relation to which the contract is made. (2) The Governor in Council may by Order in Council published in the Government Gazette— (a) declare any Minister or public statutory body to be the responsible body in relation to any major public works specified in the Order; and (b) declare a contract which is for or in relation to the execution of any major public works to be a contract to which this Act applies. 3 Rights to damages for breach of contract S. 3(1) amended by No. 10/2005 s. 3(Sch. 1 item 28.1). (1) Where the Crown or a relevant responsible body suffers loss or damage as a result of a breach of contract of employment by employees of a person who is engaged in carrying out a contract to which this Act applies with the relevant responsible body and that breach of contract has been induced or is deemed to have been induced by an organization or an officer of an organization the Crown or the relevant responsible body may recover from the organization and any officer of the organization which or who induced or is deemed to have induced the breach of contract the amount of the loss or damage suffered by the Crown or the relevant responsible body as a result of that breach of contract by action against the organization and any officers of the organization who induced or who are deemed to have induced the breach of contract. (2) An organization and any officers of the organization against whom action may be taken pursuant to subsection (1) shall be jointly and severally liable for the loss or damage. S. 3(3) amended by No. 10/2005 s. 3(Sch. 1 item 28.2). (3) An organization shall be deemed to have induced a breach of contract for the purposes of subsection (1) if the organization or any officer of the organization has by any act or omission induced or attempted to induce the breach of contract, or has made any threat or exhortation or exerted or attempted to exert any influence that might be likely to encourage an employee to breach a contract of employment. 4 Supreme Court may grant an injunction (1) The Supreme Court may on application of the relevant responsible body grant an injunction restraining a person or organization from engaging in conduct that gives rise or would give rise to an action pursuant to section 3(1). (2) Where in the opinion of the Court it is desirable to do so the Court may grant an interim or interlocutory injunction pending determination of an application under subsection (1). (3) The Court may rescind or vary an injunction granted under subsection (1) or (2). 5 Evidentiary and procedural provision (1) Where in a proceeding under this Act in respect of any conduct engaged in by an organization it is necessary to establish the intention of the organization it is sufficient to show that an officer of the organization by whom the conduct was engaged in directly or indirectly had that intention. (2) Any conduct engaged in on behalf of an organization by an officer of the organization or by any other person at the direction or with the consent or agreement (whether express or implied) of the organization or an officer of the organization shall be deemed for the purposes of this Act to have been engaged in also by the organization. (3) Any proceedings under this Act against an organization, being an unincorporate body, may be taken against any officer of the organization on behalf of the organization. 6 Averments to be prima facie evidence For the purposes of any claim or application arising under this Act— (a) the averment of the claimant or applicant made in writing and served on the defendant as hereinafter provided shall be prima facie evidence of the matter or matters averred; (b) paragraph (a) shall apply to any matter so averred although— (i) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or (ii) the matter averred is a mixed question of law and fact; or (iii) the matter averred is evidentiary only; (c) any evidence given by witnesses in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of such evidence shall neither be increased nor diminished by reason of this section; (d) an averment shall not be evidence for the purposes of this section unless a copy of the paper containing the averment has been served on the defendant in the same manner as the process requiring his attendance before the Court; (e) service of a copy of the document containing the averment may be proved in the same manner as service of the process commanding the defendant's attendance before the Court; (f) the Court may, if the amendments can be made without hardship or injustice to the defendant, allow such amendments to be made in the writing containing an averment as appear to be desirable or to be necessary to enable the real question in dispute to be determined; (g) if in any such case the Court considers the defendant has been misled by the form of the averment it may refuse to allow the amendments or adjourn the hearing of the case for such period as it thinks fit and make such order as to the costs of the adjournment as it thinks proper. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. The **Wrongs (Public Contracts) Act 1981** was assented to on 22 December 1981 and came into operation on 22 December 1981: section 1(2). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Wrongs (Public Contracts) Act 1981** by Acts and subordinate instruments. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Statute Law Revision Act 2005, No. 10/2005** | Assent Date: | 27.4.05 | | --- | --- | | Commencement Date: | S. 3(Sch. 1 item 28) on 28.4.05: s. 2 | | Current State: | This information relates only to the provision/s amending the **Wrongs (Public Contracts) Act 1981** | **State Electricity Commission Amendment Act 2024, No. 11/2024** | Assent Date: | 26.3.24 | | --- | --- | | Commencement Date: | S. 114 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 | | Current State: | This information relates only to the provision/s amending the **Wrongs (Public Contracts) Act 1981** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.