Most Read Contributor in Australia, September 2016
The Victorian Code of Practice for the Building and Construction
Industry 2014 (the Victorian Code) came into force on 8 October
2014 and applies to all entities tendering for, or undertaking,
Victorian Government building and construction work.
The Victorian Code describes the minimum standards of practice
and behaviour expected by the Victorian Government and requires all
contractors covered by the Victorian Code to ensure that all
workplace conduct (including all agreements, arrangements,
practices or procedures) are compliant with the Victorian Code.
Failure to comply
The Victorian Code introduces some potentially onerous
consequences for non-compliance with its standards.
Under the new enforcement framework, contractors who have been
found to have breached the Victorian Code can be excluded from
tendering for public building and construction work. Such
exclusions can apply at an agency or government-wide level and can
apply to government work above a certain value or for a specified
The Victorian Code also provides that a Victorian Government
department or public sector body must not shortlist a participant
during an expression of interest process or enter into a contract
with any participant that has been excluded from tendering for
government work because of a breach of the Code.
We have already seen contractors have the sanction of exclusion
from tendering imposed upon them for a failure to comply with the
Implementation Guidelines (which covered the implementation period
for the Victorian Code) in relation to arrangements with
It is expected that a similarly hard-line approach will be taken
by the Construction Code Compliance Unit now that the Victorian
Code is in place.
Given this potential consequence, it is important that a
contractor ensures that all agreements, arrangements, practices or
procedures which it enters into are compliant with the Victoria
For assistance and further information on how to meet your
obligations under the Code please contact a member of our
construction team below and view our practice webpage
This publication does not deal with every important topic or
change in law and is not intended to be relied upon as a substitute
for legal or other advice that may be relevant to the reader's
specific circumstances. If you have found this publication of
interest and would like to know more or wish to obtain legal advice
relevant to your circumstances please contact one of the named
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