One clause in your WA Government contract now carries the force of law.

There is a clause that can now sit in your WA Government contract and quietly turn a commercial obligation into a statutory one. Most suppliers have not read it.

The new WA privacy regime does not stop at the public sector. A private business that provides services to a WA public entity can be bound directly to the Information Privacy Principles, but only where the state services contract includes a clause that says so.

Once that clause is in the contract, the obligations carry direct statutory force. A failure is no longer only a breach of contract; it is a breach of the Act. There is no small-business exemption, so a contractor under 3 million dollars in turnover, previously outside the Commonwealth Privacy Act entirely, is fully caught. Because of a State contracts exemption, you may move out of the Australian Privacy Principles and into the WA regime instead.

This reaches recruitment agencies, law firms and technology vendors alike. Review your current and pending WA Government contracts, find the privacy clause, and confirm exactly which obligations now bind you.
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