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Procurement compliance: audit, complaints and investigation

The Queensland Government's approach to procurement is evolving. Buy Queensland 2023 commences on 1 June 2023. To learn more visit Buy Queensland 2023.

The Queensland Government Procurement (QGP) Compliance Branch (previously the QPP Compliance Unit) has been established to ensure a level playing field where government suppliers and agencies meet their commitments under the:

The Compliance Branch is made up of the Buy Queensland Audit Unit, the Procurement Investigation Unit and the Strategy and Coordination Unit and the Policy and implementation team. These units work together to conduct audits and investigations, manage escalated procurement complaints, and ensure that suppliers deliver genuine, quality and secure ongoing jobs with fair pay and safe working conditions.

The data collected from audits, investigations, and complaints, informs our guidance material and policy development so we can continuously improve compliance with the Queensland Procurement Policy to deliver on the Buy Queensland approach.

Buy Queensland Audit Unit

The function of the Buy Queensland Audit Unit (BQAU) is to strengthen existing policies and initiatives through a program of Audit of all Best Practice Principles projects. Policies and initiatives are in place to provide guidance, and to further strengthen Queensland for Queenslanders.

The BQAU currently provides compliance support on the following policies and initiatives:

  • Best Practice Principles
  • Building and Construction Training Policy
  • Queensland Government Food and Beverage Supplier Directory
  • Local Benefits Test.

Best Practice Principles provides guidelines for the highest possible standards of workplace health and safety, engaging in agreed numbers of trainees and apprentices and best practice industrial relations on major state government projects.

Building and Construction Training Policy aims to create employment opportunities and skills development for apprentices and trainees. It also focuses on increasing the economic independence of Aboriginal or Torres Strait Islander Queenslanders in the industry. The BQAU in consultation with the Department of Employment, Small Business and Training (DESBT) have developed the Evidence Guide – Building and Construction Training Policy. This guide is intended to assist principal contractors to understand the records they are required to provide as evidence to support their New entrant and Other workforce training hours entries in the Training Policy Administration System (TPAS).

The Queensland Government Food and Beverage Supplier Directory supports the Queensland Government commitment to buy Queensland food and beverages for its events and corporate functions. The directory identifies caterers and suppliers of food and beverage products that support local business and jobs.

The purpose of the Local Benefits Test is to evaluate the benefits that any supplier would bring to the local area. The focus of the test is the benefit the supplier can bring locally. For example, a supplier who is located outside the local area could still provide a benefit using a local workforce or by using local businesses including manufacturing in the supply chain.

The BQAU delivers targeted state-wide compliance activities on these initiatives to ensure the success of the Buy Queensland approach. These activities include on-site audits and investigations with government suppliers aimed at ensuring they meet their obligations to build an equal playing field for all Queensland suppliers and Queensland Government procurement.

Procurement Investigation Unit

The function of the Procurement Investigation Unit (PIU) is to investigate Ethical Supplier Mandate and Ethical Supplier Threshold non-compliances resulting from audit activities and complaints for projects procured by Department of Energy and Public Works (EPW).

PIU manages all non EPW audit non-compliances and refers matters to a procuring agency of that project to investigate. As part of the referral process, PIU will provide evidence, assessment and quality assurance checks for the alleged non-compliances and further facilitate the referral to the relevant agency for investigation. Where a non-compliance relates to regulatory breaches, the matter is also referred to the relevant regulator.

PIU receives escalated procurement complaints relating to suppliers or agencies and the Queensland Procurement Policy (QPP). After receiving a complaint or alleged non-compliance the unit will triage and assess the allegations and the evidence. All procurement related complaints that are not related to Ethical Supplier Mandate and Ethical Supplier Threshold are referred to the procuring agency to investigate.

For the matters that are referred to procuring agencies for investigation, PIU provides agencies with ongoing assistance in form of education and support. PIU will assist the agency in providing investigation templates, advising the approach and methodology of an investigation as well as monitor investigation progress. These outcomes are reported and used to recommend policy or process improvement to benefit Queenslanders.

Suppliers seeking inclusion in the Queensland Government Food and Beverage Supplier Directory and the COVID-19 Supplier Portal need to comply with the Queensland Government Supplier Code of Conduct. When requested by the agency, PIU will vet suppliers and check their application for suitability via an assurance and ratification process.

Strategy and Coordination Unit

We manage the implementation and monitoring of the Ethical Supplier Mandate (Mandate) and Ethical Supplier Threshold (Threshold).

The Mandate affects suppliers who repeatedly breach contractual obligations, policies, or laws unless their conduct is due to an honest mistake, oversight, or accident. Demerits will be issued on a sliding scale for minor, moderate major or aggravated compliance issues.

Some examples of the Threshold include suppliers who have:

  • not paid (or paid the incorrect amount of) superannuation contributions on behalf of their employees in accordance with the law
  • treated employees as independent contractors when they are not or asked that they provide an ABN so that they could be treated as an independent contractor
  • entered into a labour hire arrangement with a person who is not licenced or where a supplier is an unlicensed provider under the Act
  • paid employees below the applicable modern award
  • engaged persons on unpaid work trials or unpaid interns where they should be treated as employees
  • contravened civil remedy provisions of the Fair Work Act 2009 (Cth) or the Industrial Relations Act 2016.

Make a complaint about a procurement process

Suppliers, find out how to make a procurement complaint.

Contact us

Investigations

Buy Queensland audits

Ethical Supplier Mandate and Threshold

Last updated: 
1 June 2023