APIC Policy NSW: Replaced, and What Applies Now | Catchment
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New South WalesFirst Nations

Aboriginal Participation in Construction: replaced by the APP in 2021

The APIC policy no longer applies to new NSW Government work. It merged into the Aboriginal Procurement Policy on 1 January 2021, so new contracts follow that policy, and APIC only matters for contracts that began before then.

The Obligation
1.5%
Project spend, pre-2021 contracts
EvidenceAboriginal Participation Plan
DeadlineMonthly over $10m
OwnerNSW Procurement Board and NSW Treasury (archived policy)
Replaced on 1 January 2021 by the NSW Aboriginal Procurement Policy. It matters now only for contracts that began under it.

What is the Aboriginal Participation in Construction Policy?

The Aboriginal Participation in Construction (APIC) policy required at least 1.5% of project spend on NSW Government construction projects over $1 million to go to Aboriginal participation. It is no longer current. On 1 January 2021 it merged with the earlier procurement policy into the NSW Aboriginal Procurement Policy, which now sets the rules for new contracts.

1 Jan 2021
Date the Aboriginal Procurement Policy replaced APIC
1.5%
APIC minimum, as a share of project spend
$1m
APIC threshold for general construction projects
$7.5m
Threshold under the policy that replaced it
Who It Applies To

New Contracts: Not APIC

Requirements for procurement from 1 January 2021 sit in the NSW Aboriginal Procurement Policy, which covers construction as well as goods and services. Do not price a new tender against APIC.

Earlier Contracts

Contracts from before 1 January 2021 stayed under the policy they started with, which for construction is the 2018 APIC policy. Check your contract, as it decides what you owe.

Who APIC Covered

It applied to NSW Government departments, statutory authorities, trusts and other government entities, with state-owned corporations encouraged to adopt parts of it. It became mandatory on 1 July 2018 for its three project categories.

What the Aboriginal Participation in Construction Policy asked for.

Category 1 Projects
1.5% of project spend
Nominated projects directed mainly to Aboriginal communities
Category 2 Projects
1.5% of project spend
Other construction projects over $10m
Category 3 Projects
1.5% of project spend
Other construction projects over $1m
Eligible Spend
Four types
Employment, Aboriginal owned businesses, education and training, engagement
Direct Negotiation
Up to $250,000
Agencies could negotiate with suitably qualified Aboriginal owned businesses
Closed Tender
Up to $1m
Agencies could tender among prequalified Aboriginal owned businesses

What you report, and when.

In the tender response

Aboriginal Participation Plan

To the contracting agency, for approval

Monthly

Progress Report, Projects Over $10m

To APIC policy reporting portal

Quarterly

Progress Report, Projects Up To $10m

To APIC policy reporting portal

At project completion

Final Aboriginal Participation Report

To APIC policy reporting portal

Evidence To Keep
  • Contract Clause Naming APIC
  • Approved Aboriginal Participation Plan
  • Aboriginal Employment Costs
  • Aboriginal Owned Business Recognition Records
  • Subcontract Values And Invoices
  • Pre-Approval For Education And Engagement Spend
  • Final Aboriginal Participation Report
Where Teams Get Caught

Tendering To The Old Rules

Templates and tender returns copied from older projects can still say APIC and $1 million. New work runs under the 2021 policy, with a $7.5 million threshold and 1.5% measured against contract value through its three routes.

Counting A Cost Twice

APIC says the same expense cannot be claimed under two types of eligible spend, such as trainee costs in both employment and education. Training and engagement spend also needed the agency's approval, so keep those approvals with the costs.

Assuming The Old Policy Has Lapsed On Your Job

A replaced policy can still bind a contract that was signed under it. If your contract names APIC, read its clause on any unallocated balance, because APIC required that balance to go to the policy's approved bodies.

In Catchment

Keeping the record for the Aboriginal Participation in Construction Policy.

No APIC Template, By Design

GovAssure

Catchment has no ready-made APIC framework because the policy is closed to new work. For a contract still under APIC, set it up as your own framework in the Policies & Frameworks library, which is versioned.

Use The APP Framework For New Work

SocialPro

For anything procured under the current rules, adopt the built-in NSW Aboriginal Procurement Policy (APP) framework instead. It creates its Employment, Training and Subcontracting targets along with the plan and report documents.

APIC's 1.5% As Project Targets

SocialPro

On a legacy job, a project can hold your agreed spend share as a spend target and your workforce commitment as an hours target, with packages switching on those they report against. Invoices for Aboriginal owned businesses go into Certified Spend with ABN, certification and any file you attach.

APIC's Monthly Or Quarterly Rhythm

GovAssure

A document requirement can be set monthly for projects over $10 million or quarterly below that, and it can flow to work packages. That gives you the record to report from, while lodging with the agency stays with you.

Set Up As Your Own Framework
Aboriginal Participation in Construction Policy

Catchment has no ready-made template for this one. You build it in the Policies & Frameworks library, then adopt it on each project.

Aboriginal Participation in Construction Policy questions.

Is the APIC policy still current?

No. The Aboriginal Procurement Policy that started on 1 January 2021 replaced both the 2018 Aboriginal Procurement Policy and the 2018 APIC policy. Buy.NSW keeps APIC as an archived document for earlier contracts.

What replaced the Aboriginal Participation in Construction policy?

The NSW Aboriginal Procurement Policy, in its January 2021 version. It brings construction and goods and services under one policy. It followed a 2019 review that recommended combining the two.

What did APIC require?

At least 1.5% of project spend went to Aboriginal participation on nominated Aboriginal community projects and on other construction projects over $1 million. Spend could go to employment, Aboriginal owned businesses, education and training, or engagement. Suppliers lodged a plan and reported monthly over $10 million and quarterly below.

What is the difference between APIC and the Aboriginal Procurement Policy?

APIC covered construction only, started at $1 million and measured 1.5% against project spend, with four types of eligible spend. The 2021 policy covers goods, services and construction, starts at $7.5 million, and offers subcontracting, workforce or education and training routes. Its supplier reporting is quarterly.

Does my pre-2021 construction contract still follow APIC?

It may. Buy.NSW says earlier contracts remain under the policy that applied at the time, which for construction is the 2018 APIC. Your contract and the agency are the final word, so check the clause.

Connected Obligations
NSW Aboriginal Procurement PolicyNSW (First Nations)Infrastructure Skills Legacy ProgramNSW (Skills & Training)Commonwealth Indigenous Procurement PolicyNational (First Nations)WA Aboriginal Procurement PolicyWA (First Nations)
Sources
  1. Aboriginal Procurement Policy (NSW Treasury, buy.NSW)
  2. Aboriginal Participation in Construction (APIC) Policy, June 2018 (NSW Government)
  3. NSW Aboriginal Procurement Policy Implementation Assessment (NSW Ombudsman, June 2026)
  4. Aboriginal Procurement Policy, January 2021 (NSW Government)
  5. Aboriginal Procurement Policy & Aboriginal Participation in Construction 2019 Policy Review (NSW Treasury, December 2019)

Reviewed 4 November 2026. General information to help you plan reporting, not legal advice. Policies change, so check the current version with the policy owner before you rely on it.

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