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ARTICLE · 05 NOVEMBER 2018

A new regime for challenging Government procurement processes

McCullough Robertson
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The Act establishes a statutory right to challenge alleged non-compliance with the Commonwealth Procurement Rules (CPRs).

AustraliaGovernment, Public Sector
Jason Munstermann
Jason Munstermann
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The Government Procurement (Judicial Review) Act 2018 (Cth) (Act), which received Royal Assent in October 2018, introduces significant changes to the Commonwealth procurement process. The Act establishes a statutory right for complainants to challenge alleged non-compliance with the Commonwealth Procurement Rules (CPRs).

The basics

The Act will apply to alleged or anticipated breaches of the CPRs occurring after 20 April 2019, unless proclaimed to apply earlier.

The Act applies to procurements exceeding certain thresholds. For a non-construction procurement by a non-corporate Commonwealth entity that threshold is $80,000. The Act exempts certain procurements, including the leasing of land, engaging legal counsel, contracts for labour hire. It also exempts procurements by certain national security agencies, such as the DIO.

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