Exemptions (Direction 1.4 and Instruction 1.4)

Direction 1.4 and Instruction 1.4 explain the process an Agency must follow to apply for an exemption from the Ministerial Directions or Instructions.

Exemptions (Direction 1.4)

Effective date: 1 July 2018

1.4.1 Exemptions by the Minister from the Directions or Instructions

(a) The Minister responsible for Part 4 of the Project Development and Construction Management Act 1994 (Vic) may, in writing, exempt an Agency or class of Agencies from specific or all requirements in these Directions and Instructions.

(b) An exemption by the Minister may be:

(i) for a specified time period or on an ongoing basis;

(ii) with or without conditions; or

(iii) in respect of a project or class of projects.

1.4.2 Exemptions by the Secretary from the Instructions

(a) The Secretary may, in writing, exempt an Agency or class of Agencies from specific or all requirements in the Instructions.

(b) An exemption by the Secretary may be:

(i) for a specified time period or on an ongoing basis;

(ii) with or without conditions; or

(iii) in respect of a project or class of projects.

1.4.3 Exemption procedures

(a) Exemptions must be requested in accordance with Instruction 1.4.

(b) The Secretary must maintain a record of exemptions provided under this Direction.

Exemptions (Instruction 1.4)

Effective date: 1 July 2018

Objective: To define requirements for Agencies in applying for exemptions from the Directions

The Accountable Officer of the Agency seeking an exemption must:

(a) ensure that an application for an exemption under Direction 1.4:

(i) is in writing;

(ii) states the reasons why the exemption is necessary;

(iii) specifies the proposed alternative action or procedures that will be adopted by the Agency; and

(iv) explains how the alternative action or procedures will ensure that Public Construction Procurement is undertaken in a manner that is consistent with the principles set out in Guiding principles (Direction 1.2)

(b) ensure that the proposed alternative action or procedures are not implemented until after an exemption is provided, to the extent that the action would otherwise conflict with these Directions and Instructions or require unnecessary duplication;

(c) ensure that the Agency complies with the conditions of any exemption provided under Direction 1.4; and

(d) maintain a record of applications for exemptions requested by their Agency under Direction 1.4, including whether or not the exemption was granted and any conditions upon which the exemptions were granted, and must make a record available for inspection by the Auditor-General.

Tools resources and assistance

Exemptions (Direction and Instruction 1.4) are supported by non-mandatory guidance Exemptions (Guidance 1.4).

The Practitioners Toolkit includes key documents, guidance and information relating to the Ministerial Directions and Instructions.

For further information about the Ministerial Directions and Instruction for public construction procurement, please contact the Construction Policy Team.

Reviewed 02/07/2018
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