Responsibility for compliance
Model contract and tender documentation
Government departments, public sector bodies and principal contractors are responsible for ensuring the application of, and compliance with, the Victorian Guidelines through:
- ensuring that compliance with the Victorian Guidelines is included as an integral component of their contract management procedures; and
- all expressions of interest, tender and contractual documents clearly set out the requirements specified in the Victorian Guidelines.
Role of client agencies
The Victorian Code and Victorian Guidelines are Government policy and therefore departments and public sector bodies (client agencies) must act in a manner that is consistent with the Victorian Code and Victorian Guidelines on public building and construction projects.
It is the responsibility of each client agency to consider and document the extent to which compliance with the Victorian Code and Victorian Guidelines applies on a project by project basis.
Client agencies are responsible for ensuring all advertisements, requests for expressions of interest and tenders, and tender and contractual documentation clearly set out the requirements of the Victorian Code and Victorian Guidelines and include relevant model clauses.
Role of contractors
All contractors undertaking public building and construction work on behalf of a client agency must ensure compliance with the Victorian Code and Victorian Guidelines on their project. This includes, but is not limited to, ensuring all expressions of interest, tenders and contractual documents which they instigate ensure compliance with the Victorian Code and Victorian Guidelines.
Relevant model clauses should be included in contractors’ tendering and contract documentation.
While the form of wording may vary according to the contract form and the type of service supplied, the relevant contractual documents must incorporate the requirement for the contractor, consultant and/or related entities to comply with all aspects of the Victorian Code and Victorian Guidelines.
Model tender and contract documentation, including guidance on the application of the model clauses, can be found on this website (at www.dtf.vic.gov.au/viccode) The model clauses may be updated from time to time to reflect changes in Victorian government contractual practices.
The Victorian Guidelines contain an additional requirement on contractors to submit as part of any expression of interest or tender response a:
- health and safety management plan (HSMP) (see section 9); and
- workplace relations management plan (WRMP) for the project where the Victorian Government’s funding for a project is $10 million or more, or is at least $5 million and 50 per cent of the total building and construction project value (see section 6.1).
A contractor must:
- comply with its WRMP;
- act in accordance with its tender response; and
- require compliance with the WRMP and all other matters in Section 6.1 by any party with whom it contracts, or enters into an arrangement, to undertake public building and construction work.
Contractors must comply and demonstrate past compliance with legislation, court and tribunal orders, directions and decisions, and industrial instruments (agreements and awards recognised by industrial law).
The model clauses provide for tenderers to demonstrate past compliance by giving an undertaking about past compliance. The Construction Code Compliance Unit can investigate the veracity of such claims.
Where a party cannot demonstrate past compliance, consideration will be given to the extent of non compliance and the capacity for future compliance.
