Document ID: chunk:federal_register_of_legislation:F2024L00627:body:0:p13
Version: federal_register_of_legislation:F2024L00627
Segment Type: other
Provision Reference: 
Character Range: 36288–39708

accountability and transparency requirements of the Australian Government. It is therefore important for officials to plan for, and facilitate, appropriate disclosure of procurement information. In particular, officials should:
       1. include provisions in request documentation and contracts that alert potential suppliers to the public accountability requirements of the Australian Government, including disclosure to the Parliament and its committees;
       2. when relevant, include a provision in contracts to enable the Australian National Audit Office to access contractors' records and premises to carry out appropriate audits; and
        3. consider, on a case-by-case basis, any request by a supplier for material to be treated confidentially after the award of a contract, and enter into commitments to maintain confidentiality only when such commitments are appropriate.
    7.25         When confidential information is required to be disclosed, for example following a request from a parliamentary committee, reasonable notice in writing must be given to the party from whom the information originated.

Contract management/Standard verification
    7.26         For procurements valued at or above the relevant procurement threshold, where applying a standard for goods or services, relevant entities must make reasonable enquiries to determine compliance with that standard, including:

       1. gathering evidence of relevant certifications; and

       2. periodic auditing of compliance by an independent assessor.

Other obligations
    7.27         Other reporting and disclosure obligations apply to officials undertaking procurement, including:
       1. disclosure of procurement information for relevant entity annual reporting purposes;
      b.      disclosure of non-compliance with the CPRs through the Commonwealth's compliance reporting process;
      c.      disclosure to the Parliament and its committees, as appropriate, in line with the Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters;
      d.      disclosure of information consistent with the Freedom of Information Act 1982;
      e.      disclosure of discoverable information that is relevant to a case before a court; and
      f.        reporting requirements under the Modern Slavery Act 2018.

    8.            Procurement risk
    8.1             Risk management comprises the activities and actions taken by a relevant entity to ensure that it is mindful of the risks it faces, that it makes informed decisions in managing these risks, and identifies and harnesses potential opportunities.[13]
    8.2             Relevant entities must establish processes to identify, analyse, allocate and treat risk when conducting a procurement. The effort directed to risk assessment and management should be commensurate with the scale, scope and risk of the procurement. Relevant entities should consider risks and their potential impact when making decisions relating to value for money assessments, approvals of proposals to spend relevant money and the terms of the contract.

    8.3             Relevant entities should consider and manage their procurement security risk, including in relation to cyber security risk, in accordance with the Australian Government's Protective Security Policy Framework.
    8.4             As a general principle, risks should be borne