Public Sector Probity and Procurement
Ensure your procurement strategies, practices and procedures are modern, efficient and effective. Don't let yourself play catchup and keep up with the latest innovations or stay on top of important judicial and administrative challenges to procurement decisions. Join ICAC & leading experts while examining multi stage procurements, fraudulent and corrupt schemes, conflicts of interest, administrative law challenges, how to navigate recent legislative reforms & more. WEB216N18
Description
Attend and earn 3.5 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Phill Scott, Chief Procurement Officer, Local Government Procurement; Fellow - World Commerce & Contracting and PRIProb
1.30pm to 1.35pm Opening Remarks from the Chair
1.35pm to 2.25pm Emerging Issues in Probity Practice
- Multi-stage procurements
- Conflicts of interest
- Incumbent suppliers (particularly embedded representatives)
- Case studies including Leppington Triangle (Western Sydney Airport) purchase: lessons to be learned
Presented by Bruce Brown, Expert Consultant, Proximity
2.25pm to 3.15pm INSIGHTS FROM ICAC: Common Procurement Fraudulent/Corrupt Schemes Observed by ICAC
Examine relevant types of fraudulent and/or corrupt schemes observed by ICAC with real life case studies.
Presented by Dr Benjamin Marx, Principal Officer, Corruption Prevention, NSW Independent Commission against Corruption
3.15pm to 3.25pm Break
3.25pm to 4.15pm The Possibility of Administrative Law Challenges
- Enforceable Procurement Provisions (EPP Direction)
- Public Works and Procurement Amendment (Enforcement) Act 2018
- Procurement (Judicial Review) Act 2018
- The law and the reality
- The lawyers role
Presented by Gregory Ross, Partner, Eakin McCaffery Cox; Accredited Specialist in Government and Administrative Law
4.15pm to 5.05pm Recent Developments in Procurement-Connected Legislation and Policies and Best Practice
- Gain an overview of recent changes in legislation or policies that interact with procurement
- Examine recent observations by the ANAO or similar bodies on procurement practices
Presented by Veena Bedekar, Special Counsel, Public Law, Maddocks
5.05pm to 5.15pm Closing Comments and Questions
Presenters
Phill Scott
Phill has a background in Tendering and Contracting in both the private and Local Government sectors. He is currently Chief Procurement Officer for Local Government Procurement Pty Ltd in New South Wales and has lectured part-time at TAFE in the areas of Purchasing, Warehousing and Logistics. He has been involved in drafting, evaluation and governance of an estimated 200 tenders and contracts for goods, services, consultancies and constructions over nearly 20 years. Phill was awarded lifetime Certified Purchasing Manager (C.P.M.) accreditation from Victoria University in association with the Institute for Supply Management (U.S.A.).
Bruce Brown
Bruce is a highly regarded and experienced Government advisor with broad commercial expertise including property, procurement and probity advice gained over 25 years of practice. His wide experience in many areas of government practice has made him particularly valuable to client agencies as a strategic adviser, or for working on sensitive or risk laden projects. As probity advisor, Bruce works with clients to ensure their grants, procurement or asset sales processes are defensible and can withstand internal and external scrutiny, as well as achieving value for money and optimum outcomes for his clients. In particular, Bruce has skills in the following Regulatory/Enforcement; Information Law – FOI, Privacy; Specialist litigation; Probity Advisory; Procurements and Grants Projects. Prior to joining Proximity, Bruce was a Special Counsel at King & Wood Mallesons (KWM), and before that Bruce was Special Counsel at the Department of Finance, National Legal Services Manager at the ACCC, and a Regional Commissioner in ASIC.
Dr Benjamin Marx
Benjamin Marx commenced in ICAC’s Corruption Prevention division in 2006. He has managed or led many ICAC corruption prevention projects, including those on employment screening, invoice payment controls, IT contractors and NGO-delivered human services. Dr Marx has also performed or managed corruption prevention analysis on over a dozen ICAC investigations and has led many internal analyses of ICAC complaint data. He recently returned to ICAC from an 18-month secondment to Transport for NSW where he was responsible for TfNSW’s corruption prevention program.
Gregory Ross
Gregory in Eakin McCaffery Cox's Commercial Government team. He has many years legal services experience spanning litigious and non-litigious, civil and criminal contexts He is an accredited specialist in Government and Administrative Law and was the NSW Law Society's Head Assessor for that field in 2015-19 and is a Councillor for NSW on the Chartered Institute of Procurement and Supply. Since 1988 he has practised in the areas of Administrative Law, Government Contracting, Industry Facilitation and Probity matters, including legislative reform and procurement projects to achieve the best value for money for clients. He has, for some time, provided Probity Advisory/Audit services to clients.
Veena Bedekar
Veena has extensive experience in providing commercial legal advice to sophisticated clients, including Commonwealth entities and public companies. Her practice focuses on probity and commercial property, and she has experience in a number of other areas. Her probity experience includes advising on large ICT business transformation programmes (involving multiple procurements), interactive tendering processes, multi-stage approaches to market and trials of innovative services. She has also undertaken a number of probity reviews and audits. Most of her experience has been gained working in national law firms in Canberra, but she has also spent periods seconded to government entities or working as part of client inhouse legal teams.