On 15 December 2023, the Local Government (General) Regulation 2021 (LG Reg) was amended by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (Amending Regulation) to protect the employment of workers who provide domestic and waste management services contracts….
Following the Local Government Tendering Regulation Review Discussion Paper September 2021 (‘Discussion Paper‘), the Local Government (General) Amendment Regulation (No 2) 2022 (‘Amendment Reg‘) commenced on 16 December 2022. The Amendment Reg updates the tendering provisions to reflect the current…
The Local Government (General) Amendment Regulation 2022 (NSW) (Amendment Reg) commenced on 10 June 2022. It inserts a new section 170A into the Local Government (General) Regulation 2021 (NSW) (LG Reg). The new section increases the tendering exemption threshold for…
On 20 May 2022, the Independent Commission Against Corruption (‘ICAC‘) released its report on the investigation (‘Operation Ember‘) into the awarding of contracts by employees of the former NSW Roads and Maritime Services (‘RMS‘), which is now part of Transport…
On 7 March 2022, the Office of Local Government (‘OLG‘) released a new circular to councils regarding two new guidelines: the Public-Private Partnerships Guidelines (‘PPP Guidelines‘) and the Formation of Corporations and Entities (Section 358) Guideline. Although some interrelationship between two…
Government at all levels frequently enters contracts with individuals as independent contractors rather than as employees. In construing whether these contracts achieve this intent the courts have tended to look at the whole of the relationship, not just the terms…
Earlier this month, the Office of Local Government published a discussion paper titled ‘Local Government Tendering Regulation Review‘ (‘Discussion Paper‘) concerning the tendering provisions in Part 7 of the Local Government (General) Regulation 2021 (‘Regulation‘). The Discussion Paper proposes amendments to…
A New Pathway for the Procurement of Legal Services
11 Feb, 2021
The spending of public money and the awarding of public sector contracts are areas that are rightfully subject to substantial regulation and scrutiny. Ensuring the procurement process is both efficient and effective for both agencies and service providers is not…
Effective procurement procedures are important to ensure that local government procurement delivers the best value for money for the community and avoids or minimises the potential for fraud and conflicts of interest. The current regulatory environment is set out in…
Amendments to Local Government Act 1993
25 Jun, 2019
The Local Government Amendment Act 2019 (‘Amendment Act‘) received assent on 25 June 2019. The Amendment Act introduces several amendments to the Local Government Act 1993 (‘LG Act‘), two of which are considered to be of particular interest to those…
The use of information technology systems for internal management functions, to provide services and information to their communities and to exercise regulatory functions is integral to the day to day operation of governmental organisations. External providers are commonly used to…
The Australian Competition and Consumer Commission (ACCC) recently issued determinations under the Competition and Consumer Act 2010 (Cth) (the CC Act) authorising certain councils to jointly procure waste management services.