Legislation, policy and public construction

The Project Development and Construction Management Act (1994) (the Act) facilitates government development projects in Victoria and provides for the Minister for Planning to set standards and issue written directions in relation to public construction.

Other legislation and Victorian Government policy applying to public construction includes:

  • The Building Act 1993
  • The Building and Construction Industry Security of Payment Act 2002
  • The Architects Act 1991
  • Occupational Health and Safety Act 2004
  • Domestic Building Contracts Act 1995
  • Planning and Environment Act 1987
  • Heritage Act 1995
  • Financial Management Act 1994
  • The Victorian Industry Participation Policy

More details on Victorian legislation and parliamentary documents is available from the Victorian Legislation and Parliamentary Documents website.

Other codes and agreements which apply to public construction in Victoria include:

The Australia-United States Free Trade Agreement

The Australia-United States Free Trade Agreement (AUSFTA) sets out rules, procedures and transparency requirements for government purchasing, with the aim of providing United States businesses non-discriminatory access to Australia's Commonwealth, State and Territory government procurement markets. Similarly, Australian businesses are provided wide-ranging access to USA markets.

The AUSFTA applies whenever the cost of Victorian public construction procurement is estimated to equal or exceed specified financial thresholds. Under the agreement the financial thresholds are adjusted every two years. The current financial thresholds for public construction, effective from 1 January 2012 are:
  • $9,514,000 for building and construction works: or
  • $573,000 for construction related consultancy services.

The Guide to Australia-United States Free Trade Agreement (DOC - 155 KB) contains more information on the AUSFTA for Victorian government departments. The Guide should be read in conjunction with Ministerial Direction No 1 - Tendering Provisions for Public Construction and its associated Guide.

Full details of the AUSFTA are available at the Australia-United States Free Trade Agreement website. Departments and public bodies are particularly directed to the AUSFTA Chapter 15: Government Procurement.

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