Legislative Assembly for the ACT: 2017 Week 02 Hansard (Thursday, 16 February 2017) . . Page.. 691 ..
(3) The most common reasons for non-compliance are:
• lessees sub-leasing to new tenants;
• new owners unaware of the permitted uses under the Crown lease;
• existing lessees unaware of the permitted uses under the Crown lease;
• older leases (issued prior to the introduction of the Territory Plan in 1990) containing different wording from Territory Plan definitions.
(Question No 28)
Ms Le Couteur asked the Minister for Economic Development, upon notice, on 16 December 2016:
(1) Does the Minister have concerns that collusive tendering practices have taken place in the ACT.
(2) What steps have been taken by the Land Development Agency to prevent collusive tendering practices.
Mr Barr: The answer to the member’s question is as follows:
(1) The ACT has mechanisms in place to help prevent collusive tendering practices. For example, when tenders are received in TendersACT, a procurement officer in Procurement and Capital Works searches the ASIC database to ensure the tenderer is a legal entity, and is not under investigation or been found to have breached relevant legislation.
The Government Procurement Act requires transparency in procurement. As part of the consideration of value for money, tenderers are required to be listed on the TendersACT website and their names are forwarded to UnionsACT, the Environment Protection Authority and Long Service Leave Authority. This process gives those organisations, other companies and members of the public the opportunity to advise the Government of any suspected collusion (or other illegal or unethical behaviour).
Procurement and Capital Works is represented on, or facilitates and advises, tender evaluation teams and similarities in tender responses and prices would be detected readily. Tender evaluation team members are asked to declare any conflicts of interest, including if a conflict or potential/perceived conflict becomes apparent during the evaluation process. A tender evaluation team can be dissolved and the evaluation process recommenced with new member/s if required.
(2) As a Government entity, the Land Development Agency is required to operate in accordance with the Government Procurement Act, as described above.
Government—land acquisition policy
(Question No 29)
Ms Le Couteur asked the Minister for Economic Development, upon notice, on 16 December 2016 (redirected to the Minister for Housing and Suburban Development):