Public Sector ICT Contracting: The Legal Issues
Join us for our upcoming public sector ICT contracting webinar, where you’ll dive into the essential skills and knowledge needed for successful procurement processes, contracting and dispute management of technology. An expert panel will share their insights on the latest trends, best practices and provide practical tips for negotiating contracts and managing project risks. This webinar will equip you with the tools you need to succeed in the complex world of ICT contracting. WEB235N11Z
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Gregory Ross, Partner, Eakin McCaffery Cox; Accredited Specialist, Government and Administrative Law
2.00pm to 3.00pm The NSW Government ICT Purchasing Framework
- Different contracts for different scenarios – MICTA/ICTA Contracting Framework, Core& contracts – which contract to use?
- The key differences between the former Procure IT Framework and the revised MICTA/ICTA Contracting Framework
- How and when can terms that vary the ICT Purchasing Framework be introduced – what limitations and considerations apply?
- An introduction to some key ICT Purchasing Framework provisions: ICT accessibility, intellectual property, order of precedence, liability, indemnities and risk allocation.
- Practical tips for users – how to efficiently navigate and complete the key ICT Purchasing Framework contractual artefacts
Presented by Ken Saurajen, Partner and Monique Azzopardi, Special Counsel, Clayton Utz
3.00pm to 4.00pm Hot Topics in ICT Procurement and Contracting: A Panel Discussion
An informal panel session that will touch on the following topics relevant to procurement and contracting for the public sector:
- Managing performance and effective SLAs
- Allocating and negotiating risk for public sector entities
- Lessons learned from preparing SORs
- Recent updates in procurement policy
Panelists include Belinda Chapman, Senior Associate, Patrick Collins, Special Counsel and Angelina Yang, Senior Associate, Maddocks
4.00pm to 4.15pm Break
4.15pm to 5.15pm Tips for Avoiding and Managing ICT Disputes
- Have in place a strong contract with articulated requirements, allocation of responsibility and escalation paths, as well as a detailed governance and reporting framework
- Avoid the temptation to consider issues in ICT projects through the legal, technical or commercial standpoint in isolation: a better outcome is achieved with a coordinated approach
- Focus on solutions to the problem which keep in mind the overall objective
Presented by Jason Sprague, Partner, Bartier Perry
Presenters
Gregory Ross
Gregory is a Partner 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. He also leads his firm's Intellectual Property practice. He and some of his clients work with lawyers in a variety of countries to implement many client projects, particularly to do with education services within Australia and beyond. He and some of his clients work with lawyers in a variety of countries to implement many client projects, particularly to do with education services outside Australia. He was, for a period, a member of the Organisation Review Committee of NSW’s Independent Commission Against Corruption. He is an adjunct lecturer in the College of Law’s Applied Law Program. In 2006 he became a member of the NSW Legal Profession Admission Board’s Legal Qualifications Committee and Practical Experience Subcommittee, which deal with both academic and practical experience requirements for lawyers wishing to practise in NSW, whether the lawyer is locally or overseas trained. He was involved in facilitating electronic commerce and proposals for Automation in Administrative Decision Making
Ken Saurajen
Ken is a partner in Clayton Utz’s Intellectual Property and Technology group with a formidable reputation for the design and structuring of some of Australia’s and the Asia Pacific region’s most difficult and unorthodox technology, media and telecommunications transactions. His practice is characterised by creative and innovative contracting styles and the successful execution of high-stakes, landmark projects, often for which little-to-no prior precedent exists. In 2017, Ken was recognised by Doyle's Guide as one of 3 technology lawyers in NSW considered to be pre-eminent in the field of Information Technology Law. His role has now evolved to include consulting directly to company boards in relation to large-scale technology, infrastructure and engineering projects of corporate and national significance Ken's expertise in technology applications and services extends across a broad range of industries, including retail, financial services, software, telecommunications, logistics, mining and construction, payments, superannuation, transport services and ports. He is particularly recognised for his work in the financial services sector on mission-critical projects such as core banking transformations, applications development and outsourcing, payments innovation and the testing and implementation of new technologies.
Monique Azzopardi
Monique is an experienced commercial lawyer with special expertise in technology transactions. She has strong experience acting for clients in the private and public sectors across the full spectrum of commercial and technology matters, including as a key adviser to the NSW and Commonwealth governments on a number of major projects of State and national significance. She is skilled at developing plain-English contractual documents that are tailored to the project and are legally and commercially robust. Another core part of Monique's practice is privacy law and data protection. She is regularly called upon to assist clients to navigate privacy legislation and to undertake privacy impact assessments. She also crafts tailored privacy provisions for contracts to ensure that contracts are aligned with all relevant privacy laws, including the Privacy Act 1988 (Cth).
Belinda Chapman
Belinda is a procurement, technology and intellectual property lawyer who advises State, Territory and Commonwealth departments and agencies. Belinda is known for her experience and expertise working with the Commonwealth Government in relation to a wide range of major Commonwealth projects dealing with drafting, tender compliance assessment, negotiation and provision of legal advice. Belinda has extensive experience advising on whole-of-government agreements with major vendors (some of which have been accessed by the States) and whole-of-government technology panels established by the Department of Finance and the Digital Transformation Agency, for example, the establishment of the Cloud Services Panel and more recently, the new Cloud Marketplace that replaced the Cloud Services Panel. She has negotiated with many of the major suppliers to the Commonwealth, including SAP, IBM, Amazon Web Services and Oracle, and has advised on major technology projects such as the Australian Competition and Consumer Commission’s contract for the provision of the Consumer Data Right solution and managed services. Belinda adopts a proactive, personable and client-focused approach aimed at fostering positive outcomes for her clients. She is recommended by the Legal 500 Asia Pacific (2023) Guide for her work in IT & Telecommunications.
Patrick Collins
Patrick has been advising Australian governments on corporate, commercial and administrative law matters for 15 years, and has a deep understanding of the public sector operating environment as well as the applicable laws and best practices (having been an in-house Government Lawyer for many years). Patrick is known for his practical and pragmatic advice, responsiveness to clients’ needs and achieving outstanding results for his clients. Patrick has extensive experience in providing legal and probity advice on government procurements and grant processes, drafting commercial contracts, conducting complex contract negotiations, advising on the construction of complex commercial contracts, resolving contract management issues and conducting alternative dispute resolution for contract disputes. Patrick advises corporate government entities on a range of governance and compliance issues including the conduct of annual general meetings, nomination and election of directors, directors’ duties, constitutional changes and Corporations Law requirements. Patrick also has considerable experience with undertaking privacy impact assessment and providing assurance advice on information law issues, advising on statutory interpretation and procedural law across the health and social welfare sectors, and guiding clients through the process of law reform.
Angelina Yang
Angelina is a commercial lawyer who primarily advises on complex, high-value and high-profile Commonwealth procurements and contracts, including key service delivery contracts for the Commonwealth. Angelina regularly provides legal and probity support for Commonwealth agencies, including advising on and developing procurement and grant documentation, evaluating tender compliance issues, advising on negotiation strategies, and managing agency stakeholders. From her experience working in and with Commonwealth agencies, Angelina has in-depth understanding of government programs, processes and requirements.
Jason Sprague
Jason is a commercial, corporate and intellectual property lawyer with more than 20 years' experience in mergers and acquisitions; business structuring; intellectual property commercialisation and protection; information technology development, licensing and procurement; and a range of cross-border transactions. Jason has a wealth of experience in advising SME businesses, large multinational organisations and government agencies. He has worked with Australian and international companies across a range of industries including manufacturing, biotechnology, retail, FMCG, IT, fashion, transport, professional services, and construction and infrastructure. Given his diverse sector experience and understanding, Jason is well placed to provide commercially pragmatic advice, and he works hard to find creative solutions that help meet his clients’ objectives across the full lifecycle of their business.