1Short 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.
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This Act may be cited as the Wrongs (Public Contracts) Act 1981.
This Act shall come into operation on the day upon which it receives the Royal Assent.
In this Act, unless inconsistent with the context or subject-matter—
Contract to which this Act applies means—
a contract between a Minister or public statutory body and a contractor; or
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;
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;
S. 2(1) def. of Major public works amended by No. 11/2024 s. 114.
Major public works means—
the scheme for the establishment of a power station at Loy Yang; or
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 the major public works for or in relation to which the contract is made.
The Governor in Council may by Order in Council published in the Government Gazette—
declare any Minister or public statutory body to be the responsible body in relation to any major public works specified in the Order; and
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.
S. 3(1) amended by No. 10/2005 s. 3(Sch. 1 item 28.1).
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.
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.
S. 3(3) amended by No. 10/2005 s. 3(Sch. 1 item 28.2).
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.
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).
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).
The Court may rescind or vary an injunction granted under subsection (1) or (2).
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.
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 this Act to have been engaged in also by the organization.
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.
For the purposes of any claim or application arising under this Act—
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;
paragraph (a) shall apply to any matter so averred although—
evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or
the matter averred is a mixed question of law and fact; or
the matter averred is evidentiary only;
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;
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;
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;
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;
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.