Archives

Copyright and The Crown

Commonwealth agencies face significant challenges in protecting their brand.

Three Contract Conundrums

How to navigate the complexities of various contract issues.

Trauma-informed Legal Practice

Redefining administrative law to prevent harm.

So You Think You Know Best?

Defensible decisions through independent and impartial critical thinking and analysis.

Undersea Capability

SPA is widely considered as a leading submarine authority in the US.

Optimising ICT Procurement

How competitive dialogue empowers agencies to succeed.

Bridging the Procurement Gap

Why capability reviews are critical for agency success.

Entrepreneurship in the Public Sector

Is there a role for it in Public Sector problem‑solving?

Project Assurance as a Strategic Enabler

Strategic project assurance is a critical enabler that strengthens decision-making.

Maximising Client Value

How to maximise client value through a multidisciplinary delivery model.

Sensitive Stakeholder Engagement

How to engage stakeholders in an environment where trust is scarce, tensions run high, and every conversation carries weight.

Regulatory Barriers to an Integrated Public Service

An integrated public service is vital to the Australian public.

How to eat an elephant – front line strategies for effective regulatory enforcement 

Faced with oversight of a vast range of companies or individuals, regulators must achieve their goals and deliver on public expectations, all while they adhere to limits on budgets and staff and navigate increasing complexity and technological change, including the emergence of Artificial Intelligen

Embracing ESG boosts efficiency and innovation and enables agencies to lead by example 

Environmental, Social and Governance principles have become critical for Commonwealth agencies as 6000 government entities will soon be required to meet new climate-related reporting standards.

Safe and Responsible Artificial Intelligence

Why does it matter and how to ensure it?

The Million Dollar Comma

In the intricate dance of legal drafting, where precision is paramount and the stakes are high, the humble comma takes centre stage.

Procurement Complaints Handling

Improving complaints handling in Commonwealth Government procurement.

Value for Money

Maathavan Manivannan defines what value for money means and how to achieve it.

Serving Up a Cohesive and Effective Public Service

Let’s imagine the APS as a gourmet kitchen. Each department is a specialised station, every public servant a skilled chef, and together they craft a complex, multi-course meal.

Minimum Viable Bureaucracy

Streamlining governance: embracing minimum viable bureaucracy in project management and procurement.

A chain is only as strong as its weakest link

How to ensure supply chain cyber security: procurement plays a lead role.

Legislation to Implementation

From legislation to implementation, Anthony Honeyman delves into the strategies for assuring success.

Administrative Review Tribunal Bill 2024

Loretta Houlahan dives into a new system of Federal Administrative Review.

Execution of agreements — recent changes to the Corporations Act

These are new standalone permanent provisions. The temporary Corporations Act measures introduced to deal with execution of company documents during the Covid pandemic have expired and no longer apply.

The journey of transformation— towards an aged care system founded on care, dignity & respect

When The Royal Commission into Aged Care Quality and Safety was founded in 2018 it galvanised unprecedented attention on Aged Care and the systemic issues contributing to substandard care for some of the most vulnerable in our community.

Interactive procurement Inc Competitive Dialogue (CD)

For many procurement professionals it can often be difficult, when undertaking an acquisition activity for a solution to a complex business challenge, to establish a market ready specification that facilitates a comprehensive response from the market.

Time and money—the real cost of data breach, how best to avoid a breach and how to respond

As leaked information includes dates of birth, names, phone numbers, addresses and driver licence, passport and Medicare numbers, the prospect of identity theft and other fraud is very real, meaning victims may spend significant time dealing with potential exposure.

Did someone say project management?

When exploring project management, we emphasise the need for planning, processes, and skillsets required to successfully deliver project goals and uncover what is possible.

The proposed National Anti-Corruption Commission — what will it look like?

On 28 September 2022 the National Anti-Corruption Commission Bill 2022 (Bill) was introduced into the House of Representatives. This bill has been long anticipated. But what exactly does the National Anti-Corruption Commission (NACC) look like?

Collaboration — like your life depends upon it!

One of my favourite movies of all time is Apollo 13. Every time I watch the movie, and that’s been more times than I care to count, I’m on the edge of my seat convinced that the astronauts are doomed with no hope of them returning to earth safe and sound. Each time, I hold my breath during the e

Probity health check

Given the ANAO’s current focus, it is important to ensure your agency has robust and up-to-date documentation and procedures in place to withstand an ANAO audit. Probity templates and processes are often not reviewed or updated regularly to incorporate emerging probity issues. Updating your agency

What’s happening in tribunals?

Did you know the major tribunals in this country hear nearly 300,000 claims a year under some 1,300 pieces of legislation?

Regulation of Artificial Intelligence – Public Policy and Fourth Industrial Revolution technologies

Taking data further—the new scheme for data sharing across Government

The Data Availability and Transparency Act 2022 (Cth) (the Act) establishes a new sharing scheme for data held by Commonwealth bodies. The Act, which commenced on 1 April 2022, seeks to realise the benefits of greater data availability and use. It could herald a new dawn for data sharing arrangement

Jurisdictional error: the elevator summary

The announcement of a Royal Commission is rarely a surprise and always big news. There is often significant prior discussion about the need for an inquiry (or lack thereof, particularly if other inquiries have taken place), motivation and timing, and what the outcomes might be.

Probation…again?

ABCC v Pattinson: High Court Dispenses with the Notion of ‘Just Deserts’ in Civil Penalty Cases.

Kickstart your new year with a regulatory health check

How are your new year’s resolutions going? Is better regulation a resolution?

Achieving Value for Money in Procurement

Value for Money in procurement takes into account the total cost of procurement from planning to disposal, this is commonly known as total cost of ownership. Put another way, Value for Money requires a balanced judgement of financial and non-financial factors relevant to the procurement.

T’is the sea-son: the new framework for offshore energy generation and transmission in Australia

On the 2nd of December, 2021, the Offshore Electricity Infrastructure Act received royal assent. The Act is the critical first step to establish an offshore renewable energy generation and transmission industry in Australia.

Addy vs Commissioner of Taxation

The High Court’s decision on the so-called “backpacker tax” made international news in November 2021. It found that the income tax imposed on Ms Addy, a UK national in Australia on a working holiday visa, was more burdensome than the tax imposed on an Australian national in the same circumstan

Top ten tips for better business performance

A minimum standard of transparency

De-mystifying the National Security Information (Criminal and Civil Proceedings) Act 2004

The Business Case for Pro Bono – Why and how junior lawyers  should prioritise pro bono?

While many lawyers believe there is a “morale obligation” and “professional responsibility” to do pro bono, for junior lawyers especially, there are also plenty of professional and personal benefits that can be realised by doing pro bono. 

Foundations for successful negotiation 

Some of my closest working relationships have been with my General Counsel and my experiences with all General Counsel have invariably been positive.

What a Secretary looks for in their General Counsel

Some of my closest working relationships have been with my General Counsel and my experiences with all General Counsel have invariably been positive.

E-signatures during COVID-19

Reimagining Mentoring

Have you ever participated in rigid or time-consuming mentoring programs that failed to spark excitement or achieve the hoped-for outcomes? The reasons why mentoring sometimes fails is often due to the approach taken. While mentoring isn’t a new concept, the communication channels available today

Top Tips for Performance Based Contracting

Performance Based Contracting (PBC) is an outcome oriented contracting method. The customer’s outcomes are achieved by contractually incentivising the contractor to deliver against them.

Making the call from inside the house – Ethics and the in-house counsel

Knowing your ethical obligations in theory is all very well, of course – but how to handle these situations in practice? Here are some common scenarios in-house counsel face and some strategies to assist you – if you come across them too.

Indigenous Procurement Policy

Harness purchasing power to achieve real change for Indigenous Australians. The Commonwealth Indigenous Procurement Policy was established in 2015 with the remit of increasing opportunities for Indigenous Australians to develop business and growing economic participation.

Decision making in an uncertain environment

Decision making can be tough in the public sector with a need not only to ensure value for taxpayer money but also because of an aversion to getting things wrong for fear of reputational and political risk and repercussions. This inevitably has an impact on the way you work. So how do you try to bri

Smart buyers and industry partnering in Defence procurement

The First Principles Review of Defence brought about tremendous reform in the Department and advocated expanding the role of industry in the capability lifecycle. In current policies and via the Smart Buyer framework, the Department is calling for improved procurement models and partnerships between

What to do with that unsolicited proposal?

So, you’ve just come back from your monthly catch-up with one of your major suppliers and they pitched you a really great idea. The proposal sounds feasible; like it would delivery efficiencies and improved outcomes for your organisation. Now what do you do?

Comcare v Banreji – lessons learnt

August’s High Court decision in Comcare v Banerji has been subject to some confusing reporting, which this aims to clarify. 

Feet on the ground and head in the clouds– Eight key contract terms to reduce risk in cloud contracts  

Cloud computing is essentially access over the internet to business software or user data stored on servers at a remote location or locations. Although not a new concept, cloud computing is still a relatively unfamiliar and complex area of ICT that many people find challenging.

Automated decision-making: Boon or curse?

Use of automated systems – applying for jobs, completing tax returns, ordering tickets – is widespread, particularly by government agencies. For information gathering and routine administrative functions, there are undoubted benefits. But when decisions are made by an automated or expert system,

Getting comfortable with discomfort

No one enjoys that feeling of failure, but it can happen to anyone. Despite your best attempts to work towards career and life goals, unexpected challenges can throw you way off course.

When did you last have a governance review?

“Well-oiled machine” or “oily machine”? Does your organisation need an overhaul, or is it just time for some fine-tuning?

What it means to be a professional

To describe someone as a consummate professional is a great compliment. We would all like to be thought of that way.  The consummate professional is easy to identify, but what is professionalism and what do you need to focus on to become more professional?

What is Blockchain?

Today, we hear a lot about fake news and information, particularly on the internet. But what if there was a way for people to have access to data so that the ‘truth’ of the data was preserved? Enter distributed ledger technology (‘DLT’).

Competitive dialogue: driving innovative solutions

Competitive dialogue (CD) is one form of interactive tendering to drive a solution that best meets the needs of the purchaser and respondents. It is a collaborative process which facilitates open interaction and dialogue with respondents prior to the submission of proposals.

Enjoyment and work: can they co-exist?

Su-Ann Tan Burke is a Senior Advisor at Proximity, joining in 2017 to launch our Melbourne operations. She was previously a Corporate Counsel at Toyota Australia/Lexus Australia. Su-Ann loves being more than a lawyer. It’s one of the main reasons she joined Proximity.

Agile Contracting: a change in mindset

Agile has become a staple in the business vocabulary these days, and in the world of project management it is providing organisations with a more flexible approach to managing complex projects than traditional methods.