Version No. 004
Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
Version incorporating amendments as at
25 October 2012
TABLE OF PROVISIONS
Section
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2
3
4
5
6
Short title and commencement
Interpretations
Rights to damages for breach of contract
Supreme Court may grant an injunction
Evidentiary and procedural provision
Averments to be prima facie evidence
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Page
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1
3
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ENDNOTES
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1. General Information
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2. Table of Amendments
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3. Explanatory Details
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Version No. 004
Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
Version incorporating amendments as at
25 October 2012
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;
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Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
s. 2
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;
Major public works means—
(a) the scheme for the establishment of a
power station at Loy Yang which is
referred to in section 15(6) of the State
Electricity Commission Act 1958; 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
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Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
s. 3
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
(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.
3
S. 3(1)
amended by
No. 10/2005
s. 3(Sch. 1
item 28.1).
Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
s. 4
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
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Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
s. 6
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;
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Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
s. 6
(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.
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Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
Endnotes
ENDNOTES
1. General 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).
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Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
Endnotes
2. Table of Amendments
This version 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
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Wrongs (Public Contracts) Act 1981
No. 9669 of 1981
Endnotes
3. Explanatory Details
No entries at date of publication.
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