Judicial Review Update – Procurement Complaints
If you have a complaint about an Austrade procurement process (the conduct of a procurement process and its outcome), write to the Contact Officer or Tender email address in the request documentation and send a copy to Procurement@austrade.gov.au
Austrade handles complaints about procurement in accordance with the Commonwealth Procurement Rules (CPRs) and the Government Procurement (Judicial Review) Act 2018 (GPJR Act).
Please notify Austrade as soon as you become aware of the conduct you want to complain about. Please tell us:
- What CPR you consider Austrade has breached or is proposing to breach. Provide enough detail in your complaint for Austrade to investigate and respond; and
- How your interests are affected by the alleged, actual or proposed breach of the CPR and any other conduct that you wish to bring to the attention of Austrade. Provide any relevant evidence to support your complaint.
The CPRs outline requirements regarding complaints handling in procurement matters. They highlight the importance of applying timely, equitable and non-discriminatory complaint handling procedures.
The GPJR Act sets out requirements for handling complaints about an alleged, actual or proposed breach of relevant CPRs relating to a covered procurement, as defined in the CPRs. The GPJR Act also gives the Federal Circuit Court of Australia and the Federal Court of Australia jurisdiction to consider applications, grant injunctions and order payment of compensation for a breach.
Resource Management Guide No. 422 has guidance on how to complain about a covered procurement.
Figure 1 sets out Austrade’s process for handling procurement complaints where the GPJR Act applies.