Legal Process and Probity Presentation […INSERT PROBITY ADVISER NAME…] […INSERT PROJECT NAME…]

WHAT IS LEGAL PROCESS AND PROBITY (LPP)? Definition of Probity “integrity, uprightness and honesty as exemplified in the evidence of ethical behaviour in a particular process”. Why are Ethics and Probity Important Minimise conflicts/problems and the potential for litigation; Avoid the potential for corrupt practices to occur; Produce better outcomes against stated objectives; and Maintain public sector integrity.

GENERAL PRINCIPLES Procurement activities to be in accordance with Legislation, Regulations, Guidelines, Instructions, and Departmental Policy. For example FMAA, FMAR, CPG, CEIs, DPPM, DPPIs and DMIs. Probity and ethical behaviour are key principles in the CPGs. –FMG no.14 ‘Guidance on Ethics and Probity in Government Procurement’, 2005.

WHO IS RESPONSIBLE FOR LEGAL PROCESS AND PROBITY? APS Employees Defence Force Personnel External Service Providers External persons to defence involved in the procurement Probity Adviser (explained in next slide) Legal Process Adviser

[…INSERT PROJECT NAME…] PROBITY ADVISER –[…Insert Probity Advisers Name and Contact Details…]. –Responsible for the administration of the […INSERT PROJECT NAME…] Probity Plan. –Responsible for providing Briefings to all […insert project name…] personnel. –The Probity Adviser is not to be involved in the evaluation, negotiation or selection of the tenders due to conflict with role to provide unbiased and impartial advice.

Legal Process and Probity Plan (LPPP) –Developed for complex and politically sensitive procurements. –Procurements that will benefit from production, maintenance and adherence to a structured legal process. –The plan must be consistent with procurement documentation specific to key stages of the procurement lifecycle ie..Tender Evaluation Plan. –The LPPP establishes a standard of practice and behaviour for personnel and assigns roles.

LPPP Scope Conflicts of Interest –Conflict of Interest Declarations –Management of Conflicts of Interest Acceptance of Gifts and Hospitality Offers of employment Communication with Tenderers or Potential Tenderers Confidential Information –Management of Confidential Information

Summary We are all responsible for Legal Process and Probity. Ensure you have signed a Conflict of Interest Declaration. If in doubt ask yourself the following questions: Will my actions be ethical in every respect and fully comply with the law and with Commonwealth procurement guidelines and policy ? Will my actions have appearance of impropriety ? Could the proposed activity withstand public scrutiny ?