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Local Government - Procurement & Competition Law

Time: 10:00am to 12:00pm
Cost: $200 + GST flat rate

Target audience: Procurement Officers (both senior and junior); Governance Officers and CEO’s
 
Training 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. 
 
Presenter: Susie Inat, Partner, MinterEllison.
 
Please note: webinar option is available for councils. Please contact Emma Urvan if you wish to attend session via webinar.