Reporting criminal and unlawful conduct on public construction projects policy

The policy on reporting criminal and unlawful conduct on public construction projects (Policy) emphasises that the Victorian Government has zero tolerance for criminal or unlawful conduct and requires contractors to establish processes to identify, report and manage such conduct on public construction worksites.

How do I make a report?

Reports can be made to Workforce Inspectorate Victoria (WIV) through its Construction Complaints Referral Service(opens in a new window) (CCRS).

For questions on the policy please contact - construction.procurement@dtf.vic.gov.au.

Model contractual clauses to support implementation of the Policy can be found at - https://www.dtf.vic.gov.au/practitioners-toolkit-standard-form-contracts(opens in a new window)

What is in the Policy?

The Policy requires public sector agencies, head contractors and subcontractors to take all reasonably practicable steps to ensure that workplaces connected with public construction projects:

are safe, respectful, inclusive and free from criminal and unlawful conduct
comply with criminal and civil laws, including those related to occupational health and safety (OHS) and workplace relations
proactively report, and where appropriate, provide evidence of criminal or unlawful conduct to WIV.

The Policy outlines four actions which create obligations for head contractors and subcontractors on, or associated with, public construction projects, including:

Action 1: Head contractors and subcontractors must report any allegations or instances of criminal and unlawful conduct to WIV in accordance with the Policy, including ensuring evidence is secured, information is managed in accordance with privacy and confidentiality obligations and WIV is always informed of reports.
Action 2: Head contractors and subcontractors must take appropriate action to address criminal or unlawful conduct, including both proactive and reactive measures.
Action 3: Head contractors and subcontractors must promote, support and work with WIV, including distributing communications material and cooperating with requests from WIV.
Action 4: Head contractors and subcontractors must have systems and processes in place to ensure they fulfil their obligations under this policy, including educating their workforce about what constitutes criminal and unlawful conduct and their obligations, actively monitoring compliance and maintaining records demonstrating compliance.

Projects valued at less than $20 million are required to apply only Action 1 and Action 3.

For the purposes of the Policy, criminal and unlawful conduct includes behaviour that could result in a criminal penalty, a civil penalty or some other regulatory sanction.

The Policy is not intended to supersede, alter or diminish a head contractor’s or subcontractor’s legislative, regulatory or other contractual obligations, including specific obligations to report or act directly with a law enforcement or regulatory body.

The Policy also encourages reporting of other types of unacceptable conduct to WIV, with WIV having the authority to refer reports to the relevant law enforcement or regulatory bodies, or the delivery agency responsible for the project.

From when does the Policy apply?

The Policy is effective from 1 January 2026.

The Policy applies to public construction projects where either procurement and tendering activities have commenced and/or contracts have been executed on or after 1 January 2026 (Commencement Date).

The Policy also applies to existing projects that have commenced construction but not reached Practical Completion prior to the Commencement Date with a transition period for compliance up until 30 June 2026.

What is the role of the Workforce Inspectorate Victoria?

Through its CCRS(opens in a new window), WIV can receive reports relating to criminal and unlawful behaviour on Victorian public construction projects from any person. WIV has the authority to refer reports to the relevant law enforcement/regulatory bodies.

WIV does not have investigative powers or an oversight role in relation to the reported conduct. Rather, all reports are assessed based on the information provided to ensure they are referred to the correct agency or body. The receiving body/bodies will determine how they respond to the report.

Once matters are referred, the primary engagement in relation to each matter is will occur directly between the complaint and the relevant law enforcement or regulatory body.

In addition to receiving and referring reports, WIV will also analyse reports to identify trends and emerging issues and will report to the Victorian Government about identified trends.

Use the online form or call WIV on 1800 287 287 to report unacceptable behaviour on any Victorian Government construction project

Download a copy of the policy

Reporting criminal and unlawful conduct on public construction projects - Word Version Word 266.41 KB (opens in a new window)

Reporting criminal and unlawful conduct on public construction projects - PDF Version PDF 255.8 KB (opens in a new window)

Law, crime & justice

Updated 29 January 2026

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Reporting criminal and unlawful conduct on public construction projects policy

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How do I make a report?

What is in the Policy?

From when does the Policy apply?

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Download a copy of the policy

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