Government Procurement (Judicial Review) Act 2018

Covered procurement: A procurement is a covered procurement where Divisions 1 and 2 of the Commonwealth Procurement Rules apply and the procurement is not excluded by a Ministerial legislative‑instrument determination (s5). The Act notes that the CPR do not apply to procurements for purposes listed at paragraph 2.6 of the CPR, so those procurements fall outside the Act’s ambit; further narrowing is effected because the Act only treats as “relevant Commonwealth Procurement Rules” either Division 2 of the CPR or specific provisions of Division 1 that the CPR themselves declare to be “relevant” (s4). Therefore, not every CPR breach is actionable under the Act, only breaches of the CPR provisions mapped into the Act’s definition.

Supplier, accountable authority, and relevant Commonwealth entity: “Supplier” is defined broadly to include natural persons, entities, and partnerships that supply or could supply goods or services (s4). “Relevant Commonwealth entity” includes non‑corporate Commonwealth entities and corporate Commonwealth entities prescribed by rules under PGPA s105B(1)(b) (s4). “Accountable authority” takes its meaning from the PGPA Act (s4).

Complaint, investigation, suspension: A supplier who reasonably believes a relevant entity or official has engaged, is engaging, or proposes to engage in conduct contravening the relevant CPR (as they apply to a covered procurement) and whose interests are affected, may make a written complaint to the accountable authority (s18). Upon receipt, the accountable authority must investigate and prepare a report (s19(1)). If no public interest certificate is in force when the complaint is made, the accountable authority must suspend the procurement pending resolution, withdrawal, a certificate, or court determination (s20).

Injunctions and timing: Courts may grant restraining or performance injunctions on application by a supplier affected by the conduct (s9). Before granting an injunction, the court must be satisfied that the applicant has made a complaint under s18 and, where reasonable, has attempted to resolve the complaint (s11(1)). Time limits operate tightly: for past contraventions the injunction application must generally be made within 10 days after the later of the contravention or when the applicant knew or ought to have known; similar 10‑day windows apply to ongoing or proposed contraventions, subject to the court allowing a longer period where appropriate (s11(2)-(5)). The court’s injunctive discretion is also variably affected if a public interest certificate is in force, in which case the court must consider delay and whether a compensation order under s16 would be a more appropriate remedy (s10).

Compensation and scope: Compensation is limited to “reasonable expenditure” incurred in preparing a tender, in making the complaint to the accountable authority, and in making a reasonable attempt to resolve the complaint (s16). The identity of the payer differs: for non‑corporate Commonwealth entities the court may order the Commonwealth to pay, and for corporate Commonwealth entities the order is directed to the entity itself (s16(c)-(d)). The Act expressly disallows invalidation of contracts as a species of relief (s23).

Public interest certificate and delegation: The accountable authority may issue a written public interest certificate that it is not in the public interest for a procurement to be suspended while injunctions are being considered or complaints investigated (s22). Delegation of functions of an accountable authority for non‑corporate Commonwealth entities is treated as if those functions were conferred under the PGPA Act, so s110 of the PGPA Act applies (s24).

Temporal scope: Parts 2-4 do not apply to contraventions that occurred before the Act’s commencement (ss21, 25). Commencement was to be by proclamation within six months of Royal Assent, otherwise automatically, and the schedule table in the enacted version records a commencement date, but the Act itself states that any information in the table’s column 3 is not part of the Act (s2).

Suppliers: The Act primarily affects suppliers of goods and services seeking to bid for, or already engaged in, Commonwealth procurements where the CPR Divisions 1 and 2 apply (s4, s5). Suppliers gain statutory rights to complain (s18), to cause suspension of a procurement pending investigation (s20), to seek injunctions against conduct in contravention of the relevant CPR (s9, s11), and to seek compensation for defined categories of reasonable expenditure if a court finds a contravention (s16). Suppliers must be mindful of the Act’s procedural prerequisites, especially the requirement to make a complaint to the accountable authority before obtaining an injunction (s11(1)), and of the strict time windows for injunctive relief (s11(2)-(4)).

Relevant Commonwealth entities and officials: Non‑corporate Commonwealth entities and corporate Commonwealth entities within the statutory prescription are affected as potential defendants in court proceedings, as the accountable authorities for procurements, and as the institutions required to suspend procurements when complaints are lodged (s19-20). For non‑corporate entities, compensation orders are expressed as orders directing the Commonwealth to pay (s16(c)); for corporate Commonwealth entities, the order directs the corporate entity to pay (s16(d)). Accountable authorities carry investigatory duties and the duty to prepare a report (s19(1)), and they may issue public interest certificates that prevent automatic suspension (s22).

The Crown and public administration: The Act binds the Crown in each of its capacities (s6). Because compensation orders against non‑corporate entities are orders that the Commonwealth pay (s16(c)), the Commonwealth’s central finances can be directly affected. The accountability and delegation mechanisms in the PGPA Act are brought into play (s24), which affects internal administrative allocation of authority and the officer(s) who may sign a public interest certificate.

The courts: The Federal Court and the Federal Circuit and Family Court of Australia (Division 2) are the judicial forums given jurisdiction to hear applications for injunctions (s9), to make compensation orders (s16), and to consider applications for variation or discharge of injunctions (s12). Those courts must apply the procedural constraints in the Act, including the complaint prerequisite and the 10‑day limits (s11), and must take into account public interest certificates when weighing injunctive relief against compensation (s10).

Minister and rule-makers: The Minister has power to make a determination for classes of procurements that are excluded from covered procurements (s5(2)). The CPR themselves determine which Division 1 provisions are “relevant” to this Act (s4). Therefore the Minister and the CPR rule‑makers indirectly shape the Act’s substantive reach by excluding procurement classes and by defining which CPR provisions are actionable.

Third parties and contractors: Existing contractors and entities proposing to enter contracts with the Commonwealth may be affected indirectly by complaints that suspend procurements (s20); the Act also protects the validity of contracts from being invalidated by CPR contraventions (s23), which affects downstream contract continuity, subcontractors and financiers who rely on contract stability.

Supplier rights and procedural preconditions: A supplier who believes a relevant CPR contravention has occurred or is proposed, and whose interests are affected, may make a written complaint to the accountable authority (s18(1)). Suppliers may withdraw complaints (s18(2)). An affected supplier may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an injunction restraining or requiring action by a relevant Commonwealth entity or official (s9). Before a court will grant an injunction, the supplier must have made the s18 complaint and must have made a reasonable attempt to resolve the complaint if it would have been reasonable to do so (s11(1)(c)-(d)). Time bars require an injunction application to be made generally within 10 days from the later of the contravention or the day the supplier knew or ought to have known, or within 10 days of becoming aware of an ongoing or proposed contravention (s11(2)-(4)), subject to the court granting a longer period where failure is attributable to a reasonable attempt to resolve the complaint or special circumstances exist (s11(5)).

Accountable authority duties: Receipt of a complaint triggers a mandatory duty to investigate and to prepare a report (s19(1)). The accountable authority must suspend the procurement while the complaint is active unless a public interest certificate is in force at the time the complaint is made (s20). The accountable authority may discontinue the investigation where the supplier withdraws, the supplier informs the authority the complaint is resolved, or continued investigation would prejudice the proper administration of justice in proceedings instituted under the Act (s19(2)-(3)).

Powers of courts: Courts may grant restraining injunctions and performance injunctions on application by affected suppliers (s9). The courts have discretion to deny injunctions even if procedural preconditions are met (s10(1)(e)-(f); s11(2)-(5)), including when a public interest certificate is in force and the court considers compensation a more appropriate remedy to avoid significant procurement delay (s10). Courts may discharge or vary injunctions (s12). The Act also relaxes some typical limits on injunctive relief: the court can grant restraining injunctions even where it is not shown that repetition is intended or where there is no imminent danger of substantial damage, and similarly for performance injunctions (s13).

Compensation and limits: Where a court finds a contravention, it may order compensation for reasonable expenditure incurred in preparing a tender, making the complaint to the accountable authority, and making a reasonable attempt to resolve the complaint (s16). For non‑corporate Commonwealth entities, the order directs the Commonwealth to pay; for corporate Commonwealth entities, the order directs the corporate entity to pay (s16(c)-(d)). The Act does not authorise damages for lost profits, expectation loss, or other categories not enumerated in s16. The Act also states that CPR contraventions do not affect contract validity (s23), so judicial remedies do not include voiding contracts.

Public interest certificate: The accountable authority may issue a written public interest certificate if it is not in the public interest to suspend a specified procurement while injunctions are being considered or complaints investigated (s22). The certificate is a statutory instrument affecting both the administrative suspension duty and the court’s injunctive calculus (s10, s20). The Act does not prescribe criteria or process for issuing the certificate beyond the accountable authority’s discretion and the delegation regime under the PGPA Act (s24).

Delegation and administrative law: Delegation of functions and powers exercisable by accountable authorities for non‑corporate entities is governed by s110 of the PGPA Act as if those functions were conferred by that Act (s24). The Act itself does not set internal delegation rules; instead it imports the PGPA delegation framework for accountable authorities of non‑corporate entities.

Temporal and territorial scope: The Act binds the Crown, extends to external Territories and to acts outside Australia (s6-7), and its enforcement Parts do not apply to contraventions occurring before commencement (ss21, 25). Contractors and suppliers must therefore consider both temporal and territorial application.

Remedial rather than penal: The Act does not create criminal offences or civil penalties. Its enforcement framework is remedial and injunctive, implemented through federal court proceedings and administrative duties. The available court-ordered remedies are injunctions (restraining and performance injunctions) under Part 2 (s9) and compensation limited to specified categories of reasonable expenditure under Part 3 (s16). There is no statutory power to award fines, exemplary damages, or broader categories of economic loss under this Act.

Procedural preconditions and limits on injunctive relief: Procedural requirements restrict when a court may grant an injunction. The applicant must have made a complaint to the accountable authority (s11(1)(c)) and, where reasonable, must have made a reasonable attempt to resolve the complaint (s11(1)(d)). Time limits for injunctive relief are short , 10 days generally from awareness for past, ongoing or proposed contraventions , subject to court discretion to extend only for specified reasons (s11(2)-(5)). Additionally, if a public interest certificate is in force and the procurement has not yet reached contract stage, the court must consider whether the grant of an injunction would cause significant delay and whether compensation under s16 would be a more appropriate remedy; if satisfied that both are true, the court may refuse the injunction (s10(1)(e)-(f)).

Suspension as administrative enforcement: A primary administrative enforcement tool is mandatory suspension of the procurement by the accountable authority where a complaint is made and no public interest certificate is in force (s20). Suspension lasts until the earliest of supplier withdrawal or resolution, issuance of a public interest certificate, or a court finding for or against contravention (s20(c)-(f)). That makes suspension effectively automatic on complaint, subject to the accountable authority’s decision to issue a certificate at the outset.

Court powers to vary/discharge injunctions and to consider other powers: Courts may discharge or vary injunctions (s12), and the Act expressly provides that the powers conferred are in addition to any other powers of the court (s14), so ancillary equitable powers remain available to the courts in the exercise of discretion.

Compensation limited and payer-differentiated: Compensation is confined to reasonable expenditure in the three categories specified (s16). For non‑corporate Commonwealth entities the order is directed at the Commonwealth, and for corporate Commonwealth entities the order is directed at the entity (s16(c)-(d)). There are no provisions in the Act for costs orders against the Commonwealth or corporate entity; the Act does not displace general court rules about costs, but it does not itself create or limit power to make costs orders beyond what is in the courts’ other powers (s14).

No contract invalidation remedy: The Act explicitly forecloses contract invalidation as a remedy for CPR contraventions (s23). Consequently, practical enforcement is limited to injunctive disruption, narrow compensatory payments, and administrative suspension during investigations.

Enforcement architecture and discretion: Enforcement depends on the interplay of supplier initiative (making complaint and instituting proceedings), accountable authority action (investigation, suspension, certificate issuance), and judicial discretion (injunctions, compensation, timing). Delegation of duties to accountable authority officers is given effect through PGPA delegation rules (s24), which means decisions such as issuing a public interest certificate can be delegated within agency governance frameworks.

Commonwealth Procurement Rules and PGPA Act: The Act’s operative scope is explicitly tied to the Commonwealth Procurement Rules and to definitions and delegation arrangements in the Public Governance, Performance and Accountability Act 2013. The Act defines “Commonwealth Procurement Rules” by reference to those rules in force under subsection 105B(1) of the PGPA Act and adopts the meanings of “accountable authority”, “corporate Commonwealth entity”, “non‑corporate Commonwealth entity”, and “official” from the PGPA Act (s4). Delegation for non‑corporate entities is effected by making s110 of the PGPA Act operate as if the functions under this Act were conferred by that Act (s24). Practically, that imports the PGPA Act’s administrative law, delegation, and governance scaffolding into the operation of this Act.

Interaction with the CPR design: The Act only makes certain CPR provisions actionable , specifically Division 2 of the CPR and such provisions of Division 1 as the CPR declare to be “relevant” for the purposes of this Act (s4). Therefore practitioners must consult the CPR to see which Division 1 provisions have been declared relevant, and whether the procurement at issue falls within the CPR’s operational scope. The Act also contemplates Ministerial determinations that can exclude classes of procurement from being “covered procurements” (s5(2)), which interacts with the ministerial rule-making powers under the PGPA framework.

Court powers and other legislation: The Act gives federal courts injunctive and compensatory powers specific to CPR contraventions (Parts 2 and 3), but it does not displace the courts’ other powers (s14). Thus courts retain residual jurisdiction under other statutes and equitable doctrines for remedies not supplied by this Act. The Act also provides that a contravention of the CPR does not affect the validity of a contract (s23); that provision interacts with the general law on contract validity and statutory invalidity, effectively insulating Commonwealth contracts from invalidation on the basis of CPR breaches.

Administrative law and judicial review: The Act imposes mandatory investigative and suspension duties on accountable authorities (ss19-20) and permits issuance of public interest certificates (s22). These administrative actions remain potentially subject to judicial review under administrative law principles, though the Act itself does not specify review mechanisms for certificates or investigatory outcomes. Delegation and internal decision-making for non‑corporate entities are subject to the PGPA Act’s delegation regime (s24), which interacts with administrative law obligations for reasoned decision-making, natural justice and record‑keeping.

Temporal and extraterritorial scope: The Act binds the Crown (s6) and extends to external Territories and to acts outside Australia (s7). Nevertheless, Parts 2-4 do not apply to contraventions that occurred before commencement (ss21, 25), which affects transitional interaction with prior conduct and any remedies in other statutes.

Costs rules and judicial discretion: Although not spelling out costs orders, s14 preserves the courts’ other powers which include general rules on costs; practitioners should therefore consider the broader Federal Court or Federal Circuit costs regimes where proceedings under this Act are brought in tandem with other claims.

Interaction with procurement confidentiality and commercial frameworks: The Act requires investigation and reporting by accountable authorities (s19(1)) and contemplates suspension of procurements (s20), yet it does not provide special rules on disclosure of procurement materials in the course of investigations or litigation. Those matters will be governed by existing confidentiality, secrecy and contractual terms, and by the courts’ usual handling of sensitive materials.

The text provided contains the Act as originally enacted. The Act’s commencement mechanism is set out in s2: provisions commence as specified in the accompanying table, but any provision of the table’s column 3 is expressly not part of the Act (s2(2)), and commencement was to be by proclamation within six months of Royal Assent, otherwise the day after that period. The printed commencement table in the provided text records a date in April 2019, but the Act itself instructs that the table’s column 3 information does not form part of the Act (s2(2)). The Act contains a note that the commencement table relates only to the original enactment and will not be amended to record later amendments. No amendment provisions, schedules amending other Acts, or textual amendment histories appear inside the text as provided.

Practitioners must therefore check an up‑to‑date, consolidated statute instrument or the Federal Register of Legislation to see any subsequent amendments, ministerial determinations under s5(2) or regulations prescribing corporate Commonwealth entities under s4, and any changes to the Commonwealth Procurement Rules that adjust which Division 1 provisions are declared “relevant” for purposes of this Act. The Act itself imports elements of the PGPA Act (definitions, s110 delegation), so amendments to the PGPA Act could have operational knock‑on effects.

Because the Act authorises the Minister to make legislative instruments excluding classes of procurements from the covered procurement definition (s5(2)), a practical amendment path exists without statutory amendment: the Minister can alter the scope of coverage by determination. Similarly, the CPR framework can be adjusted by the authority that issues the CPR, changing which Division 1 provisions are “relevant” under s4.

The Act contains no embedded sunset, periodic review clause, or statutory requirement for report‑back to Parliament about its operation. The transitional provisions exclude application to contraventions before commencement (ss21, 25). If amendments have been made after the provided text, they are not visible here; users must consult the consolidated, current version for any changes.

The Act text provided contains no references to judicial decisions, no illustrative case law, and no statutory footnotes citing litigation. The Act was enacted to create new causes of action and remedies and carefully defines procedural prerequisites for court involvement, which means litigation under this Act would be case law generated after commencement rather than pre-existing law cited within the statute.

Given the absence of named cases in the Act, there is no litigation history recorded in the source document. Practitioners should be aware that the Act’s practical effect and judicial interpretation will depend on post‑enactment decisions by the Federal Court and the Federal Circuit and Family Court (Division 2). Key judicial issues likely to arise, and therefore themes to monitor in case law, include:

• the court’s interpretation of “relevant Commonwealth Procurement Rules” and which Division 1 provisions are actionable under the Act (s4);
• the standard for “reasonable attempt to resolve” under s11(1)(d) and the evidentiary threshold for that judicial satisfaction;
• the meaning of “significant delay” and the balancing of injunctions versus compensation where a public interest certificate is in force (s10);
• the scope of “reasonable expenditure” that qualifies for compensation under s16; and
• administrative law challenges to public interest certificates, including whether and how courts will review certificates as administrative acts.

Because the Act preserves other judicial powers (s14) and expressly protects contract validity (s23), litigants may bring complementary claims under other statutes or equitable doctrines alongside claims under this Act; courts’ approaches to such concurrent remedies will shape how the Act operates in practice.

Absent decisions cited in the Act, readers should search court databases and law reports for decisions post‑commencement to collect authoritative litigation history, and to identify settled principles on timeframe extensions (s11(5)), discontinuation of investigations where continuation would prejudice justice (s19(3)), and the threshold for issuing public interest certificates (s22).

1. Suspension on mere complaint: On receipt of a written complaint, an accountable authority must investigate and prepare a report (s19(1)) and must suspend the procurement if no public interest certificate is in force at the time the complaint is made (s20). A supplier can therefore cause an automatic suspension simply by lodging a complaint, potentially creating significant delay costs for projects; the Act allows the supplier to withdraw and thus terminate suspension (s18(2), s19(2)(a)). Practitioners should note that the certificate can be used immediately to prevent suspension (s22), but the Act does not prescribe any statutory test, timeframe, or review mechanism for the certificate itself.

2. Short injunctive time windows and complaint prerequisite: The right to injunctive relief is tightly time‑limited. For past contraventions applications must be made within 10 days after the later of the contravention or when the applicant knew or ought to have known; similar 10‑day windows apply to ongoing or proposed contraventions (s11(2)-(4)). A court cannot grant an injunction unless the applicant has first complained to the accountable authority and, if it would have been reasonable to try to resolve the complaint, the applicant has made a reasonable attempt to resolve it (s11(1)(c)-(d)). Failure to follow the complaint route, or to apply within the tight window, risks forfeiting injunctive relief.

3. Limited compensation, not expectation damages: Compensation under s16 is limited to “reasonable expenditure” in preparing a tender, making the complaint, and making a reasonable attempt to resolve the complaint. Expectation losses, lost profits, or wider consequential losses are not recoverable under the Act text. Furthermore, for non‑corporate entities the order directs the Commonwealth to pay, but for corporate Commonwealth entities the order directs the corporate entity itself (s16(c)-(d)). This creates different financial exposures and incentive alignments.

4. Contracts remain valid despite CPR breaches: The Act expressly states that a contravention of the CPR does not affect a contract’s validity (s23). Parties and financiers cannot rely on CPR breaches to void contracts under this Act; remedies are limited to injunctive relief and narrow compensation.

5. “Relevant CPR” is narrower than the whole CPR: The Act applies only to Division 2 of the CPR and those Division 1 provisions declared by the CPR to be “relevant” for the Act (s4). Not all CPR obligations are enforceable under the Act; practitioners must check whether the specific CPR provision implicated is within the Act’s reach.

6. Ministerial carve‑outs and prescriptions: The Minister may by legislative instrument exclude classes of procurements from covered procurements (s5(2)). Also, which corporate Commonwealth entities are “relevant” may be prescribed by rules under the PGPA Act (s4). The Act’s coverage can therefore be adjusted administratively without statute amendment.

7. Delegation and internal practice: For non‑corporate entities the delegation scheme of s110 of the PGPA Act applies to functions under this Act (s24). That means that accountable authorities may delegate the power to issue public interest certificates and to carry out investigations; prudent agencies will document delegation chains and decision‑making processes because the Act’s investigatory and suspension duties have immediate operational consequences.

8. No statutory standards for the public interest certificate: The Act grants an accountable authority discretion to issue a public interest certificate but does not require publication, reasons, or a review process for that certificate (s22). While administrative law remedies may be available, the Act does not create an internal appeal, which can make the certificate a blunt instrument with significant operational effect.

9. Parts 2-4 not retrospective: The enforcement Parts do not apply to contraventions occurring before commencement (ss21, 25). Claims based on pre‑commencement conduct must be assessed against that limitation.

10. Extraterritorial scope and Crown binding: The Act binds the Crown and extends to external Territories and acts outside Australia (s6-7). This has implications for procurements with offshore elements or for Commonwealth entities operating internationally.

For suppliers

• Before seeking injunctive relief, lodge a written complaint to the accountable authority under s18 describing the conduct believed to contravene the relevant CPR and stating how the supplier’s interests are affected. Keep a dated record of the complaint and proof of delivery; the complaint is a procedural prerequisite for most injunctions (s11(1)(c)).
• Attempt to resolve the complaint where it would have been reasonable to do so, and keep contemporaneous records of negotiations and steps taken. The court must be satisfied that a reasonable attempt was made before granting an injunction in many circumstances (s11(1)(d)).
• Be mindful of tight time limits for injunctive relief: generally 10 days from awareness for past or ongoing contraventions, and 10 days from awareness for proposed contraventions (s11(2)-(4)). If more time is needed, document that delay is attributable to reasonable attempts to resolve the complaint or identify special circumstances to support an extension under s11(5).
• If seeking compensation under s16, document and retain evidence of all “reasonable expenditure” categories specified: tender preparation costs, complaint-making costs, and costs associated with reasonable attempts to resolve the complaint (s16). Expect the court to scrutinise what is “reasonable”.
• Consider strategic uses and risks of withdrawal: a supplier may withdraw a complaint, which ends the accountable authority’s investigation and suspension duties in many cases (s18(2), s19(2)(a)). Use withdrawal carefully, because withdrawal forecloses suspension and the investigating obligation.
• Monitor whether a public interest certificate has been issued by the accountable authority (s22), because issuance affects both suspension and the court’s willingness to grant an injunction (s10, s20).

For accountable authorities and relevant Commonwealth entities

• Implement documented complaint intake and investigation procedures to satisfy s19(1) obligations to investigate and prepare a report. Ensure the process includes timelines and records to demonstrate compliance with the Act.
• Where a written complaint is received and no public interest certificate is in force, be prepared to suspend the procurement promptly under s20. Put into place business continuity and contractual safeguards to manage suspension risks, and assess commercial consequences such as liquidated damages in contracts dependent on procurement timing.
• Consider formal criteria and record-keeping standards for issuing public interest certificates (s22). Although the Act does not prescribe criteria, a defensible internal policy specifying considerations, decision-makers, reasons and communications will reduce legal risk and improve accountability, particularly given potential for judicial review or reputational consequences.
• Use the PGPA Act’s delegation framework (s110) for non‑corporate entities to delegate investigatory and certificate-issuing powers appropriately (s24). Ensure delegates have clear authority and training, and record the delegation instrument to support lawful exercise.
• Anticipate and budget for potential compensation orders: for non‑corporate entities, compensation payable under s16 is to be borne by the Commonwealth (s16(c)), and for corporate Commonwealth entities the corporate entity will be responsible (s16(d)). Maintain appropriate procurement records and cost allocation data to defend against compensation claims or to calculate potential exposure.
• Preserve evidence and document decisions. Investigations will require contemporaneous records, and any report prepared under s19(1) should record facts, legal considerations and conclusions. Where a certificate is issued, document the reasoning and the decision-maker.
• Engage legal counsel early when complaints are received, to weigh issuing a public interest certificate against the risk of litigation; the court may decline an injunction where granting it would cause significant delay and compensation is more appropriate if a certificate is in force (s10).
• Maintain communication and commercial risk-management plans for suppliers and delivery partners during suspension to limit downstream contractual exposure.

For legal advisers and compliance professionals

• Map which CPR provisions are “relevant” under s4 and which procurements are “covered procurements” under s5 for each client, including checking ministerial determinations excluding classes of procurement (s5(2)) and rules prescribing corporate Commonwealth entities (s4).
• Advise clients on the narrow scope of recoverable losses under s16 and on tactical implications of the complaint/suspension mechanism, including the possibility that suppliers may use complaints to delay procurements.
• Prepare clients for the 10‑day injunctive window and the need to show a reasonable attempt to resolve complaints where applicable; design internal procurement dispute resolution procedures that can be invoked rapidly.
• If representing a supplier, quantify and document “reasonable expenditure” carefully and prepare the contemporaneous evidence that courts will expect for s16 claims.
• If representing an entity, establish internal decision flows for complaints, investigations, suspension, and the issuing of public interest certificates; ensure the delegate record and reasons for a certificate are produced and retained.

Record-keeping checklist (minimum)

• Dated copy of the written complaint (s18), with proof of delivery.
• Evidence of attempts to resolve the complaint, including emails, meeting notes and proposals.
• Investigation file and the investigation report required by s19(1).
• Record of suspension action and the rationale for suspension (s20).
• If a public interest certificate is issued, the certificate document, the authorising delegate and contemporaneous reasons (s22).
• Tender preparation invoices, time sheets, and third-party costs for potential s16 claims.
• Delegation instruments applying s110 PGPA to functions under this Act for non‑corporate entities (s24).

Following these procedures will position suppliers and agencies to meet the Act’s procedural prerequisites and to assert or defend rights efficiently.