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ARTICLE · 26 DECEMBER 2018

Transparency in procurement by local government

Bartier Perry Solicitors
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Councils must demand transparency in contracting to prevent collusion, corruption, or nepotism, with above market prices.

AustraliaGovernment, Public Sector
David Creais
David Creais
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Councils are bound by specific legislation that demands transparency in contracting, with a view to preventing collusion, corruption, nepotism and paying above market prices. Getting it wrong can lead the Council and responsible officer open to public complaints and court action, not to mention a referral to ICAC. In this article we discuss the legislation, what you must do to comply, and how to avoid common pitfalls.

Local Government Act 1993

Section 55 lists the contracts for which council must invite tenders. The most frequent are for the provision of:

  • goods or materials (by sale, lease or otherwise)
  • services (other than a contract for banking, borrowing or investment services)

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