As a potential or current supplier to The Treasury, you have the right to be treated fairly throughout the procurement process and to have complaints investigated quickly and without disadvantage.
Complaints under the Government Procurement (Judicial Review) Act 2018 (Cth)
The Government Procurement (Judicial Review) Act 2018 (the Act) gives suppliers, and potential suppliers, the right to a judicial review of a procurement process if they believe Treasury, or a Treasury official, has breached the Commonwealth Procurement Rules (CPRs). The Act requires the accountable authorities of relevant Commonwealth entities to formally investigate complaints that are made in accordance with the Act, and to suspend procurements during the investigation of a complaint under the Act, unless a public interest certificate is in place.
For more information on your obligations as a supplier when raising a complaint under the Act, see Handling complaints under the Government Procurement (Judicial Review) Act 2018 Resource Management Guide on the Department of Finance's website.
Under the Act, complaints must be made in writing to the relevant entity immediately after becoming aware of the alleged breach of the relevant Commonwealth Procurement Rules (CPRs).
When we receive your complaint we will:
- acknowledge we’ve received it
- assess whether it meets the criteria under the Act
- if appropriate, suspend the procurement unless a public interest certificate is issued
- investigate and work with you to resolve the issue within 10 business days
- let you know if it will take longer.
At the end of the process, you will receive written advice on the outcome of the investigation.
Lodging a complaint
If you have concerns relating to a procurement process and wish to discuss them informally, you can approach the relevant procurement contact officer in the first instance.
If you are not satisfied with the response, you can make a formal complaint through The Treasury, by completing the Procurement complaint form and sending it to firstname.lastname@example.org. If you are not satisfied with the outcome of this, you can raise your complaint with the Australian Government Procurement Coordinator or the Commonwealth Ombudsman.
Public Interest Certificates
Under the Government Procurement (Judicial Review) Act 2018 (Cth), certain types of procurements may be suspended while complaints are being investigated or injunctions are being considered.
Relevant Commonwealth entities, like the Treasury, may issue a public interest certificate in circumstances where they consider that it is not in the public interest for a particular procurement process to be suspended.
|Public interest certificates issued by Treasury|
|Procurement||Date issued||Public interest certificate|
|Engagement of a Delivery Partner to provide and support a Foreign Investment Case Management and Advanced Analytics Solution (TSY RFT 001/21)||24 May 2021|
Procurement complaint form - DOCX 47.24 KB