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GOVERNMENT CONTRACTING – MANAGING RISKS. Presented by Colin Hackett – Crown Solicitor’s Office. 11 April 2007. Crown Solicitor’s Office. Estoppel. Example of estoppel Metropolitan Transport Authority v Waverley Transit Pty Ltd (1991) 1 VR 181. Legislation against corruption. - PowerPoint PPT Presentation
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GOVERNMENT CONTRACTING – MANAGING GOVERNMENT CONTRACTING – MANAGING RISKSRISKS
Presented by Colin Hackett – Crown Solicitor’s Office
Crown Solicitor’s Office 11 April 2007
Example of estoppel Metropolitan Transport Authority v Waverley Transit Pty Ltd (1991) 1 VR 181.
EstoppelEstoppel
Independent Commission Against Corruption Act 1988 South Australia has no equivalent legislation What is corrupt conduct?
Legislation against corruptionLegislation against corruption
NSW ICAC investigations Government Board in NSW Warrants executed
ICAC investigationsICAC investigations
Conflict of InterestConflict of Interest
(South Australia)“6ZA – Duty of employees with respect to Conflict of Interest(1) If a public sector employee has a pecuniary or other personal interest that conflicts or may conflict with the employee’s duties, the employee must disclose in writing to the relevant authority the nature of the interest and the conflict or potential conflict.”
High Court of Australia Hot Holdings Pty Ltd and Creasy (2002) HCA51 Two Officers of the Minister’s Department “involvement”
DecisionsDecisions
Full Court of the Supreme Court of Western Australia Findings
Appeal to the High Court of Australia High Court findings
DecisionsDecisions
Probity & Conflict of InterestProbity & Conflict of Interest
Auditor-General (SA) Procurement Process
Implied Government Implied Government GuaranteeGuarantee
Pitfalls and Risks of the Process
Moral CorrectnessMoral Correctness
Justice Selway QC Implied guarantee
Ash Wednesday 1980 Heathfield Dump
Findings
InSkill SAInSkill SA
“Tenders will only be accepted from tenderers registered with InSkill SA and any offers received that do not include details of registration with InSkill SA will be regarded as non-conforming tenders.”
Negotiation RisksNegotiation Risks
Seddon Law of Tenders Pre-award contract
Subject to ContractSubject to Contract
Seddon Drift into a contract
Implied Government Implied Government GuaranteeGuarantee
Justice Selway QCRisks to GovernmentApplication of the implied guarantee
