Government Procurement (Judicial Review) Act 2018

Here is a brief overview of the Government Procurement (Judicial Review) Act 2018:

This Act provides for judicial review of procurement decisions made by Commonwealth entities and certain other bodies. The Act grants the Federal Court or the Federal Circuit and Family Court of Australia power to grant injunctions in relation to contraventions of the relevant Commonwealth Procurement Rules, as well as to order payment of compensation for such contraventions.

The Act also provides a process for suppliers to make complaints about alleged contraventions of the Commonwealth Procurement Rules, which are then investigated by accountable authorities. If a complaint is made and no public interest certificate is in force in relation to the procurement, the accountable authority may suspend the procurement.

The Act applies to covered procurements, which are defined as those that fall within Division 1 or Division 2 of the Commonwealth Procurement Rules. The Act extends to every external Territory and acts outside Australia.

Key provisions of the Act include:

• Granting the Federal Court or the Federal Circuit and Family Court of Australia power to grant injunctions in relation to contraventions of the relevant Commonwealth Procurement Rules
• Ordering payment of compensation for contraventions of the relevant Commonwealth Procurement Rules
• Providing a process for suppliers to make complaints about alleged contraventions of the Commonwealth Procurement Rules
• Suspending procurements if no public interest certificate is in force and the supplier makes a complaint

The Act has been amended several times since its commencement on 19 April 2019, with the most recent amendment being section 25.