Aboriginal participation in construction policy

The Aboriginal participation in construction (APIC) policy has been developed to support greater participation by Aboriginal people in government construction projects across NSW. The aims of the policy are consistent with the OCHRE (Opportunity, Choice, Healing, Responsibility and Empowerment) - the NSW Government’s plan to improve outcomes for Aboriginal people across all sectors of the community. 

Information for agencies

All NSW Government agencies are required to comply with the APIC policy. State owned corporations are encouraged to adopt this policy when appropriate and consistent with their corporate intent.

Planning a project

Your obligations under this policy are determined by the total construction costs of the project:

  • category 1: projects nominated by an agency that are primarily directed to one or more Aboriginal communities
  • category 2: construction projects with an estimated value over $10 million
  • category 3: construction projects with an estimated value between $1 million and $10 million

Projects that cost less than $1 million are generally exempt from the requirements of this policy, unless they are primarily directed to one or more Aboriginal communities.

Once you have identified which category your project is in, you can establish what percentage of the project spend must be directed to Aboriginal related employment and education activities, procurement of goods or services from recognised Aboriginal businesses or other programs. Review the policy and any related Procurement Board directions to ensure you are aware of the current targets for each project category.

The tender and purchase process

Your tender documentation must clearly state what the successful contractor’s obligations will be under this policy. If potential contractors have specific questions about the policy you can refer them to the Aboriginal participation in construction policy (PDF,179KB) or contact NSW Procurement Service Centre.

Tenderers do not have to provide specific details of how they will meet the requirements of the policy at this stage, however you should be confident that your chosen tenderer has the capacity to deliver the required levels of Aboriginal participation.

Managing your project

For all category 1 and 2 projects, ensure your contractor submits their participation plan (DOCX,704KB) and participation report (DOCX,704KB) on time. Copies of these reports should be emailed to nswbuy@finance.nsw.gov.au by the contracting agency for publication on ProcurePoint.

For category 3 projects, ensure your contractor provides evidence of their spending on Aboriginal related employment and education activities, procurement of goods or services from recognised Aboriginal businesses or other programs.

View the FAQs for agencies

Information for contractors

Lead contractors on NSW Government construction projects are required to comply with this policy. 

Tendering for a project

Your contracting agency should specify what percentage of the project must be directed to Aboriginal related employment and education activities, procurement of goods or services from recognised Aboriginal businesses or other programs.

You are not required to provide specific details of how you will meet the target project spend at the time of tendering, however you should consider your ability to meet this target as part of the tender process. Contractors that are able to demonstrate their capacity to deliver the objectives of this policy are likely to be at an advantage.

Managing your project

If your project comes under the APIC policy, you must provide a participation plan and report to the Principal as part of the management of the project.

The participation plan (DOCX,704KB) shows how you intend to direct the targeted project spend to appropriate Aboriginal education and employment opportunities. It must be provided within 60 days of the contract being awarded.

The participation report (DOCX,704KB) shows how the participation plan was implemented and what outcomes were achieved. It must be provided when the project reached 90 percent completion.

If the project is primarily directed towards one or more Aboriginal communities, or has an estimated value of over $10 million (regardless of who the recipients are) you must also provide these documents to the NSW Procurement Board and they will be published on the ProcurePoint website.

Approved organisations

The Procurement Board has approved expenditure by a contractor with the following programs and bodies as being suitable to be included as eligible indirect expenditure under APIC.

Expenses paid for by a contractor to NSW TAFE for the development and delivery of Aboriginal education programs and courses may be included as eligible direct expenditure under APIC.

View the FAQs for contractors

Other resources

View more information about the Master Builder's Association industry based agreement