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The Department of Finance (Finance) is leading this initiative, and the Program implementation is occurring in two phases:

• Phase 1 - Finance will include the Special Condition in its Program Contracts for an initial period of 12 months which will end on 31 December 2024. This allows for feedback to be actioned and for any implementation challenges to be overcome before the Program is rolled out to a wider audience. Other works agencies are encouraged to voluntarily adopt the Special Condition during this period and provide feedback prior to Phase 2.
   
• Phase 2 - The Special Condition is mandated by a General Procurement Direction for use by all State agencies in all Program Contracts. 

During Phase 1, the Agency’s responsibilities described below will apply to Finance and to State agencies that voluntarily adopt the Special Condition in their Program Contracts.

The Agency must include the Special Condition in the contract documentation for all Program Contracts.

If clarification during the tender process is required, the Agency will respond to any queries.
The Agency will monitor the head contractor’s compliance with the Special Condition in Program Contracts.

The Agency may choose to assess the effectiveness of the Program by analysing the data provided by each head contractor, including analysis of the training provider’s workshop feedback surveys and/or other assessment methods.  It is the Agency’s responsibility to request the surveys from the head contractor, if so required.
 

The head contractor must comply with the Special Condition and make the Program training available to on-site construction workers.  

The head contractor must appoint a training provider with the expertise and experience to deliver the training as specified in the Special Condition.

One workshop during each year of the contract is required.  The head contractor may determine when the session is held, provided that it is within 12 months of the commencement of the contract and then annually if the contract term exceeds 12 months. This is to ensure that the information is not being deployed to the same trades in each project. 

The workshop must be scheduled during ordinary work hours and the head contractor must ensure all on-site construction workers are informed of the Program and given reasonable notice of each workshop.

During the delivery of the contract, if requested by the Agency, the head contractor will provide copies of all completed feedback workshop surveys (once they have been de-identified) as provided by the training provider, and/or other assessment methods to enable analysis of the effectiveness of the Program by the Agency.

1. Do all State agencies need to include the Special Condition in their construction contracts?
   During Phase 1, all Finance Program Contracts must include the Special Condition. Other works agencies will have the option to incorporate the Special Condition into their Program Contracts.
   Once Phase 2 commences, all State agencies must include the Special Condition in all Program Contracts.
   The Program is not mandatory for ºÚÁÏÕýÄÜÁ¿ Trading Enterprises (GTEs), but they are encouraged to implement the initiative.  
    
2. Who pays for the training program?
   It is the head contractor’s responsibility to cover all costs associated with the delivery of the training required under the Special Condition.  This includes the training provider’s travel and accommodation expenses.  It is anticipated that this cost will be factored into the head contractor’s tendered price. 

3. Is the workshop compulsory for on-site construction workers to attend?
   The workshop is not compulsory for on-site construction workers; however, the head contractor is required to:

   •    inform them that the program is available to them;
   •    give them reasonable notice of the date and time of the on-site workshop; and 
   •    give them access to information about the program, including information on how to access mental health support upon completion of the workshop.

4.  Can an Agency apply for an exemption?
   An Agency may seek an exemption, where the agency does not consider the inclusion of the Special Condition to be appropriate. The exemption request will need to be approved by the Department of Finance. 
   Should you wish to seek an exemption, please contact procurementadvice@finance.wa.gov.au and provide the following information:
   •    Background to the request;
   •    Rationale for the request; and
   •    Estimated total contract value (inc. GST).
   Each request for an exemption will be considered on a case-by-case basis.  
   Note: Any exemption granted will need to be recorded in the State Agency’s exemption register, as per Rule F4 in the Western Australian Procurement Rules.
    
5. Contractors already have an obligation to their workers under Work Health & Safety laws. Does mandating this Special Condition interfere with / overlap existing legislation?
   Mandating the Program is about making it a contractual obligation to provide on-site construction workers with access to appropriate information and support for their mental health and suicide prevention.  It is not intended to interfere with any existing legislative health and safety requirements.