The ACT Government seeks to conduct its dealings with private industry and public sector counterparts with integrity and transparency in all matters.
The solicitation, evaluation and negotiation of project bids must be fair, impartial and demonstrate the highest levels of probity, consistent with the public interest.
The following probity principles (Footnote: As outlined in the Procurement ACT - Probity in Procurement Guide 2022) must be applied throughout the transaction, construction and operation of projects:
- Consideration of an appropriately competitive process
- Fairness and impartiality
- Consistency, transparency, and accountability
- Identification and management of conflicts of interest
- Appropriate security and confidentiality arrangements.
Hence, it is essential for the Project Team to ensure that it follows a consistent, transparent and accountable process for the procurement of the project. To achieve this, the Project Team should consider the appointment of a probity advisor and development of a probity plan, taking into account the level of probity risk as defined by the Procurement ACT – Probity in Procurement Guide. Projects deemed to have “low” probity risk generally do not require specialist probity advice if the Project Team understands the probity principles and applies them consistently. The Project Team is recommended to appoint a probity advisor for projects deemed to be of “medium” probity risk. For projects deemed to be of “high” or “extreme” probity risk the Project Team is strongly recommended to appoint a probity advisor who is a lawyer, and a probity auditor may also be appropriate.
If engaging a probity adviser (recommended for projects deemed to have “medium”, “high” or “extreme” probity risk), they should maintain an objective yet commercial perspective throughout the procurement process. To ensure that these parties address probity concerns, either the Project Team or the probity advisor should prepare a probity plan at an early stage (preferably during Stage 2 – Prove or at the start of Stage 3 - Procure) for approval by the appropriate project governance body.
For additional information on probity, including determining probity risk, the appointment of probity advisors and development of probity plans, please refer to the Procurement ACT - Probity in Procurement Guide for more detailed information.
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