List of Laws, Rules, Guidelines, Codes and Policies for Contractors
undertaking aid activities for DFAT
Updated May 2015
In accordance with the clause headed “Compliance with Laws and Policies” in DFAT’s contracts, this
document provides a list of some laws of the Commonwealth of Australia that may apply to the
delivery of development aid to foreign countries and a list of rules and guidelines that contractors
undertaking activities for DFAT must comply with.
The laws can be found at http://www.comlaw.gov.au/ and also at the links provided below. Links to
other Commonwealth entities’ websites are also provided so that Contractors can source further
relevant information.
Disclaimer:
The list contained here does not purport to be all-inclusive. Contractors must ensure
that they comply with all applicable laws &c, whether or not they are listed on this
web page. The brief description below the title of each law is for general
information purposes only and should not be relied on as an official description or
interpretation of the law.
Compliance with the laws listed below does not in any way relieve the Contractor
of the requirement to comply with all its contractual obligations to DFAT.
The contents of this web page may be amended by DFAT from time to time without
notice.
The content of this web page may be amended by DFAT from time to time without
Commonwealth Laws
A New Tax System (Goods and Services Tax) Act 1999
The A New Tax System (Goods and Services Tax) Act 1999 established a value-added tax of 10% on
most goods and services transactions in Australia. To view the Act go to:
http://www.comlaw.gov.au/Series/C2004A00446.
Age Discrimination Act 2004
The Age Discrimination Act 2004 makes it unlawful to discriminate on the basis of age in a number of
areas of public life. These areas include employment, education, accommodation, the provision of
goods, services and facilities, access to premises and the administration of Australian Government laws
and programs. For further information go to: http://www.humanrights.gov.au/ or view the Act at:
http://www.comlaw.gov.au/Series/C2004A01302.
Archives Act 1983
The Archives Act 1983 is concerned with the preservation and use of archival resources of the
Australian Government. Under the Act it is an offence to engage in conduct that results in the
destruction or other disposal, the transfer of custody or ownership, or the damage or alteration, of a
Commonwealth record unless an exception applies. Exceptions apply where:
— the conduct was required by law;
— the conduct was carried out with the permission of the National Archives of Australia (NAA)
or in accordance with a practice or procedure approved by NAA;
— the disposal is a normal administrative practice of the Commonwealth or Commonwealth
authority, other than one of which NAA has notified that it disapproves; or
— the conduct was carried out to place Commonwealth records in the custody of the
Commonwealth or a Commonwealth institution.
For further information go to: http://www.naa.gov.au/ or view the Act at:
http://www.comlaw.gov.au/Series/C2004A02796
Auditor-General Act 1997
The Auditor-General Act 1997 allows the Auditor-General to conduct a review or examination, at any
time, of any aspect of the operations of Australian Government entities. The Auditor General has
extensive information gathering powers, including in relation to commercial-in-confidence material,
and may exercise these in relation to contractors to Australian Government entities. For further
information go to: http://www.anao.gov.au/ or view the Act at:
http://www.comlaw.gov.au/Series/C2004A05248.
Australian Human Rights Commission Act 1986
The Australian Human Rights Commission Act 1986 empowers the Australian Human Rights
Commission to inquire into complaints of discrimination in employment and alleged breaches of
human rights through acts or practices done by or on behalf of an individual, organization or the
Australian Government. For further information go to: http://www.humanrights.gov.au/ or view the Act
at: http://www.comlaw.gov.au/Series/C2004A03366.
Autonomous Sanctions Act 2011
The Autonomous Sanctions Act 2011 enables Australia to impose sanctions on certain countries and
individuals, independent of the sanctions imposed by the United Nations Security Council (see Charter
of the United Nations Act 1945 below). As with UN sanctions, autonomous sanctions can include arms
embargoes, travel and financial sanctions, civil aviation restrictions and import and export bans of
certain commodities. The Autonomous Sanctions Act 2011 is regulated by the Department of Foreign
Affairs and Trade. For details of which countries and entities are subject to autonomous sanctions, and
the nature of the sanctions go to http://www.dfat.gov.au/sanctions/ or view the Act at:
http://www.comlaw.gov.au/Series/C2011A00038 .
Banking Act 1959
The Banking Act 1959 sets out the law dealing with banks and banking practices in Australia. To view
the Act go to: http://www.comlaw.gov.au/Series/C1959A00006
Building and Construction Industry Improvement Act 2005 (Australian Government
Building and Construction OHS Accreditation Scheme)
The Australian Government Building and Construction OHS Accreditation Scheme (Accreditation
Scheme) is established under the Building and Construction Industry Improvement Act 2005. The
Accreditation Scheme applies to building work funded by the Australian Government valued at $3
million or more. Where the Accreditation Scheme applies, each head contractor (builder) undertaking
building work whose contract is valued at $3 million or more must be an accredited builder. For further
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information go to: http://www.fsc.gov.au/sites/FSC/Pages/default.aspx or view the Act at:
http://www.comlaw.gov.au/Series/C2005A00113 .
Charter of the United Nations Act 1945
United Nations Security Council sanctions are implemented under the Charter of the United Nations
Act 1945, and other legislative and administrative measures. Sanctions can include arms embargoes,
travel restrictions, financial restrictions, civil aviation restrictions and import/export bans of certain
commodities. Sanctions may also include downgrading or suspension of diplomatic ties. Under the
Regulations to the Charter of the United Nations Act it is a criminal offence to deal in a specified
range of goods or services with particular countries, to use or deal with the assets of a number of
specified individuals or entities, or to make assets available to a number of specified individuals or
entities. The offences created by the Regulations apply to conduct in Australia and to conduct by
Australians anywhere in the world. A contravention of these offences carries significant criminal
penalties in terms of fines and terms of imprisonment and are strict liability offences for bodies
corporate. To view the Act go here: http://www.comlaw.gov.au/series/c2004a07356
Implementation of UN sanctions is paralleled by independent sanctions established through the
Autonomous Sanction Act 2011 (see above). For further information go to:
http://www.dfat.gov.au/sanctions/ and http://www.customs.gov.au/businesses/default.asp
Commonwealth Criminal Code
The Commonwealth Criminal Code, established by the Criminal Code Act 1995, provides the
general principles of criminal responsibility that apply in the prosecution of all offences against laws of
the Commonwealth. In addition, the Code establishes the parameters of corporate criminal
responsibility and makes it an offence to commit various acts against the Commonwealth including:
— terrorist acts and conduct associated with a terrorist act such as providing or collecting funds ;
— theft and forgery against Commonwealth ;
— bribery of a Commonwealth public official; and
— causing harm to, and impersonation and obstructing Commonwealth public officials;
— communication of information concerning the Commonwealth’s security or defence.
To view the Criminal Code Act 1995 go to: http://www.comlaw.gov.au/Series/C2004A04868.
Competition and Consumer Act 2010
The purpose of the Competition and Consumer Act 2010 is to enhance the welfare of Australians
through the promotion of competition and fair trading and provision for consumer protection. The Act
deals with almost all aspects of the marketplace: the relationships between suppliers, wholesalers,
retailers, competitors and customers. In broad terms, the Act covers unfair market practices (including
misleading and deceptive conduct), restrictive trade practices, industry codes, mergers and acquisitions,
product safety, product labelling, price monitoring, and the regulation of certain industries. For further
information go to: http://www.accc.gov.au/about-us/australian-competition-consumercommission/legislation#the-competition-and-consumer-act-2010 or view the Act at:
http://www.comlaw.gov.au/Series/C2004A00109.
Copyright Act 1968
The Copyright Act 1968 provides legal protection for people who express ideas and information in
certain forms. The most common forms are writing, visual images, music and moving images. For
further information go to:
http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/Copyright-information.aspx or
view the Act at: http://www.comlaw.gov.au/Series/C1968A00063.
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Corporations (Aboriginal and Torres Strait Islander) Act 2006
The Corporations (Aboriginal and Torres Strait Islander) Act 2006 is a statute of incorporation
designed for the specific incorporation needs of Indigenous people. The Act aligns with the
Corporations Act 2001 where practicable but provides flexibility for corporations to accommodate
specific cultural practices and tailoring to reflect the particular needs and circumstances of individual
groups. For further information go to: http://www.oric.gov.au/catsi-act/about-catsi-act#corporationsaboriginal-and-torres-strait-islander-act-2006 or view the Act at:
http://www.comlaw.gov.au/Series/C2006A00124.
Corporations Act 2001
The Corporations Act 2001 sets out the laws dealing with business entities in Australia at federal and
interstate level. It focuses primarily on companies, although it also covers some laws relating to other
entities such as partnerships and managed investment schemes. To view the Act go to:
http://www.comlaw.gov.au/Series/C2004A00818.
Crimes Act 1914
The Crimes Act 1914 sets out various offences, including:
— offences against the Government (such as destroying or damaging Commonwealth property);
— offences covering disclosure of information by Commonwealth officers (including persons
performing services for the Commonwealth );
— miscellaneous offences including trespassing on Commonwealth land.
The Act also contains provisions relating to the investigation and prosecution of Commonwealth
offences, and the sentencing, administration and release of federal offenders. Where the Act applies, it
excludes State and Territory law. To view the Act go to:
http://www.comlaw.gov.au/Series/C1914A00012.
Crimes (Overseas) Act 1964
The Crimes (Overseas) Act 1964 applies Australian criminal law (based on the Jervis Bay Territory)
to certain categories of Australian citizens and permanent residents working overseas. It applies to
contractors if Australia has entered an agreement with the foreign country or the United Nations to
grant immunity from criminal prosecution in that country. Contractors are also subject to the criminal
law of the Jervis Bay Territory if they are undertaking a task or project on behalf of the Commonwealth
in a declared foreign country, such as Iraq or the Solomon Islands. To view the Act go to:
http://www.comlaw.gov.au/Series/C1964A00116.
Disability Discrimination Act 1992
The Disability Discrimination Act 1992 makes it unlawful to discriminate against someone in areas of
life including employment, access to premises, the provision of goods, services and facilities and the
administration of Commonwealth Government law and programs, if they have a disability. Disability
discrimination happens when people with a disability are treated less fairly than people without a
disability or when people are treated less fairly because they are relatives, friends, carers, co-workers or
associates of a person with a disability. For further information go to: http://www.humanrights.gov.au/
or to view the Act go to: http://www.comlaw.gov.au/series/c2004a04426.
Environment Protection and Biodiversity Conservation Act 1999
The Environment Protection and Biodiversity Conservation Act 1999 protects the environment,
particularly matters of national environmental significance. The Act establishes a national
environmental assessment and approvals process, protects Australian biodiversity and regulates the
management of important natural and cultural places. The Act requires that prior approval be obtained
for actions that are likely to have a significant impact on:
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— a matter of national environmental significance;
— the environment of Commonwealth land (even if taken outside Commonwealth land); and
— the environment anywhere in the world (if the action is undertaken by the Commonwealth).
— An action includes a project, development, undertaking, activity, or series of activities.
For further information go to: http://www.environment.gov.au/ or to view the Act go to:
http://www.comlaw.gov.au/series/C2004A00485.
Fair Work (Registered Organisations) Act 2009
The Fair Work (Registered Organisations) Act 2009 deals with the registration and governance
aspects of registered organisations. This includes legislative requirements in relation to rules, financial
reporting, keeping of records, filing of annual returns and conduct of elections. For further information
go to: http://www.fwa.gov.au/index.cfm or to view the Act go to:
http://www.comlaw.gov.au/Series/C2004A03679.
Freedom of Information Act 1982
The Freedom of Information Act 1982 requires Australian Government entities to provide access to
documents in their possession unless the document is within an exception or exemption specified in the
legislation. Documents held by third parties may be considered 'in the possession of an entity’ if the
entity has a contractual right to immediate physical possession of them.
While the Act provides a broad right of access, confidentiality can be preserved where it is necessary
for the protection of essential public interests or the private and business affairs of persons and
organisations in respect of whom information is collected. For further information go to:
http://www.oaic.gov.au/freedom-of-information/about-freedom-of-information or to view the Act go
to: http://www.comlaw.gov.au/series/c2004a02562.
Income Tax Assessment Act 1997
The Income Tax Assessment Act 1997 is an Act under which income tax is calculated. It sets out the
provisions for income tax payable for each year by each individual and company, and some other
entities. It also sets out your other obligations as a taxpayer, and your obligations other than as a
taxpayer. To view the Act go to: http://www.comlaw.gov.au/Series/C2004A05138.
Ombudsman Act 1976
The Ombudsman Act 1976 authorises the Ombudsman to investigate the administrative actions of
Australian Government entities and sets out the limits on his or her jurisdiction. The Ombudsman may
conduct investigations following complaints or at his or her own instigation and may make reports with
recommendations. The Ombudsman has extensive information gathering powers.
The Ombudsman also has jurisdiction to investigate the actions of certain Australian Government
contractors that provide goods and services for or on behalf of the Australian Government to another
person who is not the Australian Government. Actions of those contractors are deemed to have been
taken by the contracting Commonwealth entity. For further information go to:
http://www.ombudsman.gov.au/ or to view the Act go to:
http://www.comlaw.gov.au/Series/C2004A01611.
Privacy Act 1988
The Privacy Act 1988 contains thirteen Australian Privacy Principles (APPs), which cover the
collection, use, disclosure and storage of personal information. The APPs generally apply to Australian
and Norfolk Island government agencies and also to private sector organisations with an annual
turnover of $3 million or more. These entities are known as ‘APP entities’. In addition, the APPs will
apply to some private sector organisations with an annual turnover of less than $3 million, such as
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health service providers. For more information go to: http://www.oaic.gov.au/privacy/privacyact/australian-privacy-principles or to view the Act go to:
http://www.comlaw.gov.au/series/c2004a03712.
Public Governance, Performance and Accountability Act 2013
The Public Governance, Performance and Accountability Act 2013 (PGPA Act) consolidates the
governance, performance and accountability requirements of the Commonwealth into a single piece of
legislation, setting out a framework for regulating resource management by Commonwealth entities.
Much of the detail of the legislative framework is contained in instruments made under the PGPA Act,
including the Commonwealth Procurement Rules, the Commonwealth Grants Rules and Guidelines,
and The Fraud Rule under the Fraud Control Framework. To view the Act go to:
http://www.comlaw.gov.au/Details/C2013A00123 .
Public Service Act 1999
The Public Service Act 1999 is the principal Act governing the establishment and operation of, and
employment in, the Australian Public Service. To view the Act go to:
http://www.comlaw.gov.au/series/c2004a00538
Section 10 of the Act contains the APS Values. These values provide the basis and integrating element
of the Australian Public Service, its professionalism, its integrity and its impartial and responsive
service to the government of the day. The APS Values are available at http://www.apsc.gov.au/apsemployment-policy-and-advice/aps-values-and-code-of-conduct/aps-values
Section 13 of the Act contains the APS Code of Conduct, which sets clear standards of behavior for
Australian Public Servants, and requires them to behave at all times in a way which upholds the APS
Values. All Australian Public Service employees are bound by the APS Code of Conduct. The Code is
available at http://www.apsc.gov.au/aps-employment-policy-and-advice/aps-values-and-code-ofconduct/code-of-conduct
Racial Discrimination Act 1975
The Racial Discrimination Act 1975 makes racial discrimination unlawful in Australia and covers
discrimination in areas such as employment, renting or buying property, the provision of goods and
services, accessing public places and in advertising. For further information go to:
http://www.humanrights.gov.au/ or to view the Act go to:
http://www.comlaw.gov.au/series/c2004a00274.
Sex Discrimination Act 1984
The Sex Discrimination Act 1984 makes it unlawful to discriminate on the basis of sex, marital status,
pregnancy or potential pregnancy in a number of areas of public life. These areas include employment,
education, accommodation, the provision of goods, facilities and services, the activities of clubs and the
administration of Australian Government laws and programs. The Act also seeks to eliminate dismissal
of employees on the basis of family responsibilities and to eliminate sexual harassment in areas of
public activity. For further information go to: http://www.humanrights.gov.au/ or to view the Act go to:
http://www.comlaw.gov.au/Series/C2004A02868.
Superannuation Guarantee (Administration) Act 1992
The Superannuation Guarantee (Administration) Act 1992 sets out Australia’s superannuation
provisions. Both DFAT and contractors must comply with its requirements. Contact the Australian Tax
Office for further information or to view the Act go to:
http://www.comlaw.gov.au/Series/C2004A04402 .
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Work Health and Safety Act 2011
The Work Health and Safety Act 2011, seeks to harmonise WHS laws to protect health and safety of
workers; improve safety outcomes in workplaces; reduce compliance costs for business; and improve
efficiency for regulatory agencies. To view the Act go to:
http://www.comlaw.gov.au/Series/C2011A00137.
Workplace Gender Equality Act 2012
Under the Workplace Gender Equality Act 2012, non-public sector employers that employ 100 or
more staff must submit yearly reports on gender equality to the Workplace Gender Equality Agency.
For further information go to: https://www.wgea.gov.au/ or to view the Act go to:
http://www.comlaw.gov.au/Series/C2004A03332.
Rules and Guidelines
Commonwealth Grants Rules and Guidelines
The Commonwealth Grants Rules and Guidelines (CGRGs) are a legislative instrument issued under
the Public Governance, Performance and Accountability Act. The CGRGs establish the Australian
Government’s policy framework under which non-corporate Commonwealth entities undertake grants
administration activities. The CGRGs articulate the government’s expectations for both government
and non-government stakeholders involved in grants administration. For further information go to:
http://www.finance.gov.au/publications/fmg-series/3-commonwealth-grant-guidelines.html
Commonwealth Procurement Rules
The Commonwealth Procurement Rules (CPRs) are a legislative instrument issued under the Public
Governance, Performance and Accountability Act. The CPRs represent the Government Policy
Framework under which Commonwealth Government entities govern and undertake procurement. The
CPRs combine both Australia's international obligations and good practice, promoting the efficient,
effective, economical and ethical use of public resources. In certain circumstances, the CPRs may
apply to contractors who procure goods and services on behalf of the Australian Government. For
further information on the CPRs go to:http://www.finance.gov.au/procurement/procurement-policyand-guidance/commonwealth-procurement-rules/
Commonwealth Fraud Control Framework
The Commonwealth Fraud Control Framework outlines the Australian Government’s requirements
for fraud control, including that government entities put in place a comprehensive fraud control
program that covers prevention, detection, investigation and reporting strategies. To view the key
elements of the framework go to:
http://www.ag.gov.au/CrimeAndCorruption/FraudControl/Pages/FraudControlFramework.aspx#frame
Australian Government Investigations Standards (AGIS)
The Australian Government Investigations Standards (AGIS) is a cornerstone of the Australian
Government’s fraud control policy and is the minimum standard for Australian Government entities
conducting investigations relating to the programs and legislation they administer. A copy of the AGIS
is available at:
http://www.ag.gov.au/RightsAndProtections/FOI/Pages/Freedomofinformationdisclosurelog/Australian
GovernmentInvestigationStandards2011andAustralianGovernmentInvestigationsStandards2003.aspx
Lobbying Code of Conduct
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Under the Lobbying Code of Conduct, any lobbyist who wishes to contact a Government
representative for the purpose of lobbying activities must be registered and must agree to comply with
the requirements of the Lobbying Code of Conduct. Government representatives are only allowed to
deal with registered lobbyists. The Lobbying Code of Conduct defines a Government representative as
including persons engaged as contractors or consultants by Australian Government agencies. For
further information go to: http://lobbyists.pmc.gov.au/lobbyistsregister/
DFAT Codes, Policies and Strategies
DFAT Child Protection Policy
The Child Protection Policy provides a framework for protecting children from exploitation and abuse
in the delivery of Australia’s overseas aid program. The Child Protection Policy applies to all
Department of Foreign Affairs and Trade staff delivering the aid program, including those based
overseas; volunteers; and all contractors, civil society organisations, individual contractors and
Australian Volunteers for International Development core partners funded by the Australian
Government’s aid program. Information on the child protection policy and the child protection
compliance standards are outlined in the policy document. The policy is available from:
http://www.dfat.gov.au/about-us/publications/Pages/child-protection-policy.aspx
DFAT Code of Conduct for Overseas Service
The DFAT Code of Conduct for Overseas Service is a statement of the Department's collective
commitment to maintaining the highest ethical standards of behaviour. The Code addresses itself to
particular conduct issues which arise overseas additional or different from those covered in existing
legislation and guidelines governing the conduct of the Australian Public Service in Australia. Service
providers are expected to conduct themselves in a manner consistent with the Code. The Code is
available from: https://www.dfat.gov.au/about-us/publications/Pages/dfat-code-of-conduct-foroverseas-service.aspx
DFAT Disability Inclusive Strategy
Development for All 2015-2020: Strategy for strengthening disability-inclusive development in
Australia’s aid program sets out practical approaches to guide the Australian aid program in meeting
the needs and priorities of people with disability. The strategy is aligned with the Australian
Government's national social inclusion agenda and reflects the commitment to extending the benefits of
development to all and to promoting the dignity and well-being of people with disability. The strategy
is available from: http://dfat.gov.au/about-us/publications/Pages/development-for-all-2015-2020.aspx
DFAT Family Planning and the Aid Program: Guiding Principles
Family Planning and the Aid Program: Guiding Principles (August 2009) is a comprehensive
reference document for DFAT staff, partner organisations and contractors who are preparing,
designing, implementing or monitoring any DFAT funded aid activities involving reproductive health
and family planning. The Guiding Principles are available from: http://www.dfat.gov.au/aboutus/publications/Pages/family-planning-and-the-aid-program-guiding-principles.aspx
DFAT Gender Equality and Women’s Empowerment Strategy
The Australian Government has committed to remaining a firm and persistent advocate and practical
supporter of gender equality, and has identified gender equality as a critical cross-cutting theme across
the aid program. The strategy Promoting opportunities for all—Gender equality and women's
empowerment outlines Australia's efforts to promote gender equality and women's empowerment. The
strategy is available from : http://www.dfat.gov.au/about-us/publications/Pages/promotingopportunities-for-all-gender-equality-and-women-s-empowerment.aspx
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DFAT Guidelines for preparing accessible content
All websites operated and funded by Australian Government agencies are required to meet the
international Web Content Accessibility Guidelines. Likewise if you are contracted by DFAT to
produce a report or publication, you must provide the report as an accessible Microsoft® Word
document (doc or docx), unless otherwise approved or requested by DFAT. DFAT’s guidelines can be
viewed here: http://www.dfat.gov.au/about-us/grants-tenders-funding/tenders/Pages/guidelines-forpreparing-accessible-content.aspx
Environmental Management Guide for Australia’s Aid Program
The Environmental Management Guide for Australia’s Aid Program sets out DFAT’s
environmental management system, outlining what is required for Australia to meet its policy
obligations and how to apply best practice in environmental management to Australian aid program
activities. The guide addresses both climate change and disaster risk reduction considerations and also
describes DFAT’s legal responsibilities under the Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act). The guide is available from: http://www.dfat.gov.au/aboutus/publications/Pages/environment-management-guide-for-australia-s-aid-program.aspx
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