>
 

Procurement & Competition Law

Duration: 3 hours
Investment: TBA
Delivery: Face 2 Face & Webinar
 

 

Target Audience

Procurement Officers (both senior and junior); Governance Officers and CEO’s
 

 

Overview

Councils have collaborated, particularly in the area of procurement, for a long time. The sector's appetite to do so is increasing as more and more council’s seek to take advantage of the benefits that joint procurement delivers. 
 
Joint procurement has many advantages for councils.  It also comes with risks – a lot of which councils will mitigate through partnership agreements (and charters).    
 
The risks associated with breaching competition laws, namely cartel conduct, is not necessarily being successfully addressed through the joint procurement models and in some instances, negotiating behaviours by councils under a joint procurement model can exacerbate these risks.
 
In November 2017, the Competition and Consumer Act 2010 (Cth) was amended to enable joint procurement activities to receive the benefit of the joint venture exception.  The change in law has provided the opportunity for regional subsidiaries and groups of councils to structure their arrangements to fall within the exception, and avoid the risks of cartel conduct for future procurements.
 
This session will discuss the various governance models that are available to Councils who wish to undertake joint procurement.  The purpose of this session is to help councils to identify and manage these competition compliance risks, in particular in light of recent legislative change. 
 

 

Facilitator

Susie Inat, Partner, MinterEllison.
 

 

Additional Information

For further information about the content of this program or to enquire about having this program brought ‘In-House’ to your council or to a ‘Council Hub’ near you please contact LGA Training on 8224 2000 or at training@lga.sa.gov.au.