After significant consultation with a diverse range of stakeholders to design a robust and collaborative policy, recent enhancements to the Buy Queensland procurement approach comes into effect on 1 September 2021 through the updated Ethical Supplier Mandate 2021 (the Mandate).
The Mandate is a tool of the Buy Queensland procurement approach with a commitment to enhanced compliance, removing unethical businesses from our supply chains and supporting business with ethical Queensland suppliers.
These enhancements are effective through the following documents:
- Ethical Supplier Mandate 2021
- Guidelines: Ethical Supplier Mandate and
- Guidelines: Ethical Supplier Threshold.
You can find these updated documents on the Queensland Government website along with further information. This updated approach is further supported by a comprehensive suite of guidance material to support implementation.
Key updates to the Ethical Supplier Mandate 2021 include:
- Aggravated non-compliance – a new category of breach where 20 demerits or a sanction can be issued in severe cases of non-compliance;
- Contractual options for contract-based measures such as liquidated damages for breaches of the Mandate or Threshold and/or publication of suppliers subject to sanction;
- Compelling evidence of a Mandate or Threshold breach having occurred (e.g. pay slips indicating underpayment of wages or superannuation, or ATO records, bank statements) without the need for a regulator decision:
- Procedural fairness providing further clarity around points of natural justice, including the appeals process;
- The Tripartite Procurement Advisory Panel (the Panel) to supersede the existing Procurement Penalties and Sanctions Committee (PPSC). The Panel will be a tripartite expert body and comprise of equal representation from employers and unions and chaired by an independent government appointee.
- Further implementation of the Mandate to be considered in 2021 for the remaining procurement categories (Statutory Bodies, Government-Owned Corporations and special purpose vehicles including water bodies) in the current categories of spend:
- Building Construction and Maintenance (BCM); and
- Transport Infrastructure and Services (TIS).
These enhancements aim to:
- support increased compliance with the Buy Queensland procurement approach and further reinforce government’s commitment to only buy from ethical suppliers;
- strengthen accountability by introducing a tripartite, expert advisory panel;
- respond and reflect feedback and lessons from initial implementation and consultation; and
- clarify the policy intent and implement more effectively.
We encourage you to find out more about these updates and raise awareness of these changes within your networks.