ISSUE TWO AUTUMN 2019
innovative genuine helpful
THE INFORMATION IN THE PULSE IS PROVIDED FOR INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. FORMAL LEGAL ADVICE SHOULD BE SOUGHT IN RELATION TO SPECIFIC CIRCUMSTANCES.
proximity.com.au enquiries@proximity.com.au 1800 959 885
3
WELCOME TO PROXIMITY The start of a new year brings with it an opportunity to reflect on the year past and to contemplate the possibilities for the year ahead.
Proximity enjoyed a very successful year in 2018. We worked on some amazing projects, both in their scale and complexity, and we continue to grow as a business, more than doubling the strength of our team in the past two years. Some highlights included moving into our new Canberra office, launching our CPD program, and partnering with some wonderful like-minded businesses including entering into a teaming arrangement with leading independent business law firm, Hall & Wilcox. In this second edition of The Pulse we are pleased to be able to share more about the work we do, provide an insight into our people, and share some of the fabulous contributions our staff make through Proximity’s corporate social responsibility and pro bono programs, including a new community partnership with The Farm in Galong. We also share information and practical tips in topical areas across the legal, commercial and governance fields. Proximity is proud to be the major sponsor of the Proximity Canberra Triathlon Festival and we have captured some of the excitement of the day in pictures in this edition. To all who competed in Canberra’s most achievable triathlon, the corporate and community event, a huge thank you for getting involved. We hope to see you all there again next year. We appreciate all the positive feedback received following the publication of our first edition of The Pulse. To receive a copy of The Pulse quarterly by email contact news@proximity.com.au Sean King Director, Proximity
THE PULSE ISSUE TWO
4
Procurement risk
timely advice
NEW CPRS – BREATHE SOME LIFE INTO YOUR PROCUREMENTS The changes are not radical, but do prompt us to keep on top of our procurement frameworks. The important changes are below. Procurement framework
BY DAVID SMITH, SPECIAL ADVISOR
The Commonwealth Procurement Rules (CPRs) have recently been updated, for procurements undertaken from 1 January 2019.
Templates, including the Commonwealth Contracting Suite (CCS), are now mentioned in CPR 2.4 as part of the procurement framework. Value for money assessment There are now clear statements in CPR 4.5 (and the Foreword) that price is not the only factor in value for money. This has always been the approach. Use of recycled products is now an explicit part of environmental sustainability in CPR 4.5. Operating costs are an additional example of whole-of-life costs in CPR 4.6. Complaints CPR 6.8 now requires entities to apply timely complainthandling procedures, including prompt acknowledgement. This is important as entities will soon be subject to the Government Procurement (Judicial Review) Act 2018 (Cth). THE PULSE ISSUE TWO
CPR 8.2 now requires agencies to address risk in a procurement, not just identify, analyse and allocate it. Death of the multi-use list In CPRs 9.1 and 9.9, prequalified tender has been removed as a procurement method, as the Legal Services Multi-Use List is no more. Limited tenders CPR 9.11 now requires agencies to report on AusTender the basis on which they conduct a limited tender. Limited tenders must now meet the specifications rule in CPRs 10.910.13. See CPR 10.4. Procurements from panels and other standing orders CPR 9.12 clarifies that these procurements must comply with Division 1, but Division 2 is not mandatory. Standards CPR 10.10 now makes international standards, not Australian standards, the default benchmark for use in specifications. Time in market Time in market for “commercial goods and services” must now be at least 13 days (not 10) if submissions cannot be lodged electronically (eg through AusTender). Procurement of motor vehicles These are no longer exempt from Division 2 (see Appendix A). Need help? Proximity advisors are specialists in Commonwealth procurement law and policy. For help with the latest changes or the incoming judicial review framework, call us on 1800 959 885 or email enquiries@proximity.com.au.
5
high level advice
MEET THE PROXIMITY ADVISORY BOARD The Proximity Advisory Board provides highlevel strategic advice and guidance to help Proximity be the best business it can.
The Board plays an important facilitation role, with a strong focus on strategic issues and business planning. ‘With Proximity’s continued growth, we felt it was important to have additional high-level expertise from outside the organisation and we are grateful for the guidance we are provided by our four Board members,’ said Director James Dunn. ‘Each member brings to the table a depth and wealth of knowledge which is invaluable for a business determined to stay abreast of new issues and new opportunities for the future. ‘We are pleased to announce the recent appointment of Andrew Cappie-Wood to our Board. Andrew brings many years of public sector experience, at director-general level, to our team. I’d also like to take this opportunity to thank Lorin Joyce, who is finishing his term on the Board, for his valuable contribution over the past two years.’
ANDREW CAPPIE-WOOD
MIKE WATSON
Andrew is a highly-qualified Departmental Secretary and Chief Executive with 25 years of experience leading, managing and controlling large government departments and public sector organisations, including his current role as Secretary of the NSW Department of Justice.
Mike was previously a global Director of PwC, based in London, and the CEO of two major Australian law firms. Mike now advises boards and business leaders on achieving strategic and cultural alignment to create competitive advantage and to build sustainable organisations.
KERRIE-ANNE LUSCOMBE
ANGUS CONNOLLY
Kerrie-Anne’s experience spans ASX100 and Australian Public Service executive boards, and she has over 20 years of experience in legal and corporate governance advisory roles. She has previously been General Counsel at three large Commonwealth departments.
Angus runs Rawson House, a legal industry executive search and selection firm based in Melbourne and he has played an integral role in establishing new law firm offices in Sydney, Canberra, Melbourne, Brisbane and Hobart.
THE PULSE ISSUE TWO
6
thinking out loud
WHAT IT MEANS TO BE A PROFESSIONAL
THE PULSE ISSUE TWO
7
Simon Blake is Proximity’s Client Services Manager, joining in 2016 and bringing to the team many years of experience working in private and government legal practice.
demonstrating consistent behaviour, regardless of whether they are having a good or bad day on a personal level being good with people and great people to work with, for, and even against – people feel comfortable dealing with them, even if they are on the other side of the issue listening more than they talk – as the Greek philosopher, Epictetus said ‘we have two ears and one mouth so that we can listen twice as much as we speak’ being broad problem-solvers – they want to know how what they are doing fits in with broader picture
To describe someone as a consummate professional is a great compliment. We would all like to be thought of that way. The consummate professional is easy to identify, but what is professionalism and what do you need to focus on to become more professional? In my view, based on over 30 years in professional services environments, professionalism reflects a set of skills, attributes and behaviours that are demonstrated day in and day out. Technical and analytical skills are obviously important, but it’s attitude and behaviour that sets the true professional apart. What are the right attitudes and behaviour? It’s possible to produce a list (and I do below), but at the heart of professionalism is a core desire to deliver outstanding service, help others achieve their goals, and strong ethical principles. Whether they realise it or not, the true professional makes their clients’ needs and goals their own goals, and they rate their success according to the outcome for the client. Whilst they come in all shapes and sizes and have different backgrounds and styles, true professionals have many things in common, including: broad subject matter competence – they are usually technically very strong in a few areas, but are highly capable across the entire range of work they do being effective and efficient in what they do – they get the job done with minimal drama having high standards – near enough is not good enough, but they also know not to overwork things and appreciate the wisdom in the saying ‘perfect is the enemy of good’
advising on risk management, being aware of common areas of risk and that risk can never be reduced to zero providing a roadmap – so the client knows the direction that is being taken and is never taken by surprise understanding their value add and value for money – they know what value they bring to the table having the confidence and being comfortable discussing the elephant in the room sharing knowledge and credit (and accepting responsibility) accepting and owning mistakes (and learning from them) – they understand that mistakes are inevitable, but they focus on fixing the problem rather than seeking to allocate blame identifying high value work - which leads to them doing professionally satisfying work that they enjoy and value, rather than whatever comes through the door There’s always room for improvement It’s apparent from this list that technical skills are a small (albeit very important) component of professionalism. Incremental improvement in technical skills get smaller the more experience we have, but for most of us there is significant scope for improvement in the other areas that mark the true professional. If you are looking to improve, the journey begins with some self-reflection (or better still getting the views of others) as to how you perform against the non-technical aspects in the list above. Once you have a better idea of your areas of strength and weakness, you’ll likely identify some easy wins and you’ll be well on your way to becoming more professional.
THE PULSE ISSUE TWO
8
commercial hub
COMPETITIVE DIALOGUE: DRIVING INNOVATIVE SOLUTIONS and respondents to define better the client requirements through co-design whilst maintaining competition and remaining within probity guidelines. Conducted well, CD significantly improves the chances of:
BY PETER DEGRAAFF, SENIOR ADVISOR Competitive dialogue (CD) is one form of interactive tendering to drive a solution that best meets the needs of the purchaser and respondents. It is a collaborative process which facilitates open interaction and dialogue with respondents prior to the submission of proposals. It allows proposed solutions to evolve and different technical approaches to be considered, to achieve a tailored, innovative solution, including co-design and de-risking proposals. Compared to a conventional tendering process, where there is less proactive engagement with industry in solution definition, CD provides opportunities for innovation and continuous business improvement. For example, technical and pricing assumptions in proposals can be tested in CD, allowing shortlisted respondents to de-risk proposals whilst allowing both the purchaser
›› Achieving best value for money ›› Designing innovative technical solutions ›› Reducing technical and pricing risk ›› More effectively meeting the needs of both parties Key benefits of CD include: ›› Providing respondents the opportunity to explore and reduce areas of uncertainty and risk in the purchaser’s requirements (that is, technical, schedule, cost or commercial) ›› Providing participating respondents with the opportunity to update and improve the potential value for money of their responses following feedback ›› Allowing the purchaser to understand proposed responses better, and to seek clarification and additional detail without the constraints that apply in conventional tendering processes ›› Maintaining strong competition while obtaining the flexibility described above THE PULSE ISSUE TWO
When should CD be employed? The CD process is flexible and suitable where the purchaser seeks to discuss aspects of proposed solutions with prospective respondents before submission of proposals. Usually for complex procurement processes - CD is employed where the purchaser: ›› Is unsure about current technologies and industry advances in the area of interest ›› Cannot define the technical, financial, legal or other requirements fully and clearly at the commencement of the procurement ›› Is seeking innovative approaches to meet its requirements, including alternative approaches to its existing approach Proximity can help you achieve good procurement results through effective management of your procurement process, including an integrated CD process. This can include: ›› Developing a procurement strategy, including an integrated CD process ›› Approach to market documentation ›› CD documentation, advice and support Contact us on 1800 959 885 or enquiries@proximity.com.au
9
governance hub
WHEN DID YOU LAST HAVE A GOVERNANCE REVIEW? to established practice. Structural and procedural templates are produced reflecting what the advisor recommends will deliver the most ‘efficient’ result. Quite often, however, the agency is left with a ‘set to fail’ system – one that only functions well if nothing goes wrong. This is rarely the case.
BY DAVID SNELL, SENIOR ADVISOR
“Well-oiled machine” or “oily machine”? Does your organisation need an overhaul, or is it just time for some fine-tuning? All robust agencies occasionally review their structure and operations to determine whether any change is needed, and if so, what kind. This need is often driven by budget constraints, changes in government, minister, legislation or functions, or simply an acknowledgement that people cannot do their job well under existing arrangements. Many external advisors take an “off the rack” approach to advising agencies on structural and operational change, the principal drivers being money, function and efficiency. Functions are generally identified and costed according
Proximity takes an entirely different approach to organisational review. We understand that agencies do not share identical functions, stakeholders and outputs. We prefer to work at ‘ground level’ with our clients, prioritising the needs of the agency and – importantly – the people within it. The effective review of any agency’s structure and operations requires an understanding of: ›› the legal, political and policy environment ›› functions of the agency ›› expectations of stakeholders ›› the capacity of the organisation to perform its functions at a high level, and to meet the needs of its stakeholders. Proximity is an innovative firm specialising in legal and non-legal services to government agencies. We boast a strong team of experts in legal, governance and commercial disciplines. Many of us have a substantial background in government service at senior levels, THE PULSE ISSUE TWO
offering the right combination of people with appropriate skills and an understanding of the laws, policies and culture relating to your agency. We work on-site with you and your team as much as possible. This promotes more cost-effective services and assists: ›› structured discussions on-site with staff; ›› strong communication channels; ›› participation in meetings; ›› identification of issues before they become problems; ›› a more strategic role; and ›› advice that reflects on-theground realities. Proximity can assist leaders within your agency by identifying potential, pragmatic improvements to develop your structure and processes. This includes mapping capabilities, identifying areas for improvement, analysing strategic directions and objectives, and recommending strategies to address capability gaps. Proximity is highly regarded for its advisory services to the Australian Government in a wide range of matters; among them, a growing list of significant governance reviews. That’s why our government advisory team has grown from 12 to nearly 60 in less than three years.
10
legal hub
MORE SCRUTINY OF PROCUREMENT DECISIONS – ARE YOU READY?
BY DAVID SMITH, SPECIAL ADVISOR
The Government Procurement (Judicial Review) Act 2018 will be in force by 20 April 2019.
WHAT DOES IT MEAN?
WHO IS A SUPPLIER?
A supplier will be able to take action under the Act for past, current or proposed contraventions of certain CPRs that happen after commencement, for a covered procurement. This even applies where the procurement started before commencement.
Suppliers can be organisations who could supply goods and services, even if they currently don’t. It’s not just unsuccessful bidders. It could be sub-contractors or potential consortium members. Look beyond the usual suspects to industry associations, peak bodies, educational and research institutions and more. Think about who could be interested in the business opportunity?
Any contravention of Division 2 of the CPRs will be vulnerable, along with contraventions of key Division 1 rules (which are yet to be prescribed). It’s not just open tenders. Contract extensions and variations could also be procurements subject to the Act.
YOUR CONTRACTS ARE SAFE A procurement contract can’t be overturned under the Act.
THE PULSE ISSUE TWO
COMPLAINTS A supplier can complain in writing to the agency head about a contravention of the relevant CPR rules. The agency head must investigate and prepare a written report. These responsibilities can be delegated.
11
COURT APPLICATION FOR COMPENSATION
HOW SHOULD YOU PREPARE?
A supplier can seek compensation from the Federal Court (FC) or Federal Circuit Court (FCC) for the costs of (a) tendering, (b) attempting to resolve the complaint with the agency, and (c) making the complaint. The application could be made any time, even after the procurement is finalised.
›› Consider the possibility of complaints and compensation when designing procurement. For example, don’t require unnecessarily detailed responses – the more you ask for, the higher the cost to tenderers.
COURT APPLICATION FOR INJUNCTION A supplier can seek an injunction from the FC or FCC within 10 days from the date they knew, or should have known, of the CPR contravention. The court can extend time if the supplier was trying to resolve the complaint, or in special circumstances. In most cases the supplier must have made a complaint first. The court can order compensation as an alternative, if a public interest certificate (PIC) is in force and the court considers that an injunction would significantly delay the procurement.
SUSPENSION OF PROCUREMENT While a complaint or injunction application is unresolved, the procurement must be suspended unless the accountable authority issues a PIC.
PUBLIC INTEREST CERTIFICATE The agency head (or delegate) can issue a PIC, if satisfied that it is not in the public interest to suspend the procurement during complaint or injunction processes. A PIC allows you to continue or restart the procurement. Finance will provide guidance on issuing a PIC. A PIC decision will be reviewable under the ADJR Act, so should not be made routinely. Courts are unlikely to consider Finance guidance, so delegates will need to make their own assessment of the public interest. A PIC must be published on the agency website.
›› Review your agency AAIs, procurement policies and procurement governance and delegations. ›› Develop contingency plans to manage any suspension of procurement (including early assessment of whether to issue a PIC) and to pay any compensation. ›› The principles in Finance guidance on complaint handling have not changed, but there is new guidance on good practice. Review your complaint handling processes against CPR 9.8 and this guidance. ›› Expect interest from Senate Estimates, the ANAO, the Ombudsman and the Small Business and Family Enterprise Ombudsman, especially in the use of PICs. Think now about how those decisions will be made, and by whom.
NEED MORE HELP? Proximity can ›› review your agency procurement framework to spot weak points, and give you practical recommendations for improvement ›› advise on legal, probity and commercial issues in a procurement ›› provide tailored procurement training ›› help you get your delegations in order ›› help you develop templates and processes to manage complaints Contact us on 1800 959 885 or enquiries@proximity.com.au
THE PULSE ISSUE TWO
12
food for thought
GLOBAL ISSUES UNDER THE SPOTLIGHT
In our second Food for Thought dinner series, Proximity was privileged to welcome Mr Dennis Richardson, AO, to address a group of key clients, partners and invited guests.
The former Director-General of ASIO, Ambassador to the United States and Secretary at Defence and DFAT, shared his thoughts on a wide range of issues spanning Australia’s relationship with key international partners, regional challenges in the Asia-Pacific, as well as domestic issues facing the public sector. In a thought-provoking discussion, the group made various observations about contemporary US politics and offered views on the way in which Australia should respond. It was noted the alliance with the US remained as important as ever, however, Australia should not over-react to short-term issues. It was suggested a sharp sense of Australia’s national interest was required which permitted an expansive alliance with the US to be pursued but allowed Australia to oppose US plans to impose tariffs. Similarly, Australia’s relationship with China should be premised on the basis that it could oppose China’s activities in the South China Sea, while at the same time encouraging investment in Australia on a case-bycase basis where it was in the national interest. Mr Richardson questioned the popular notion that the current challenges facing Australia were more complex than those faced by previous generations. While contemporary threats were undoubtedly different, that did not necessarily make them more complex. It was noted that in the lead up to World War II, Australian officials would have also said that they lived in the most complex of times, as would those US officials dealing with the Cuban missile crisis. In this context, it was suggested that a better understanding of history by public servants and the broader community would provide greater perspective when such comparisons are made. The role of the private sector in the current review of the Australian Public Service was also discussed by the group. It was noted that both the public and private sectors had many strengths and weaknesses and there should be increased opportunities created to learn from each other.
THE PULSE ISSUE TWO
13
timely advice
CHANGES TO DOMESTIC AND FAMILY VIOLENCE ENTITLEMENTS There has been a growing national conversation about domestic and family violence and how employers should support employees affected by this complex issue.
2018 create a new statutory entitlement of five days of unpaid family and domestic violence leave. This entitlement applies to all APS employees. It will be important for each agency to consider their existing enterprise agreement and how it will interact with the new entitlement. While enterprise agreements cannot displace the National Employment Standards, they can supplement or replicate them, and where an enterprise agreement replicates an NES entitlement, the terms will operate in parallel, rather than creating duplicate entitlements. Agencies should review their enterprise agreements for any similar entitlements to unpaid leave and consider how these might be affected.
Proximity provides support to employees where they are affected by domestic and family violence, including up to 10 days of paid leave a year. Proximity is also committed to promoting the Australian Law Reform Commission’s national education and awareness campaign, and the White Ribbon Campaign. 2018 saw some interesting developments in the law around entitlements to leave for family and domestic violence. Although the Fair Work Commission initially rejected calls for an introduction of paid leave entitlements into the award system, more recently it decided to add a model term for unpaid leave to all modern awards, with the changes taking effect on 1 August 2018. These decisions did not affect the Australian Public Service Enterprise Award. However, amendments to the Fair Work Act 2009 that commenced on 12 December
The amendments create new obligations and power for employers. With this completely new leave type commencing, agencies will need to consider what this means for their human resources delegations and whether these require updating to ensure proper administration of this new type of leave. Proximity recently advised an agency on how the new entitlement would interact with its enterprise agreement and establishing new delegations to make clear who could approve the new leave entitlement or require supporting evidence. Proximity offers a Delegations Health Check service which provides a cost-effective review of agency delegations, authorisations and appointments to ensure they are up to date, consistent and accurate, with an additional option of a quarterly review and maintenance service to ensure that delegations appointments are regularly reviewed and updated to reflect legislative amendments like the new entitlements, such as unpaid family and domestic violence leave.
THE PULSE ISSUE TWO
14
technology
WHAT IS BLOCKCHAIN? Now, through Blockchain, data is still secured but the technology dispenses with the key. Instead it enables anyone to view the data but with limited rights to alter the data. How does it work?
BY EDWINA MORRIS, SENIOR ADVISOR
Simply, blockchain technology uses a ‘chain’ of ‘blocks’. Blocks consist of encoded information about a transaction. The blocks are pushed to ‘nodes’, part of the computer network for publication. A node receives a block, verifies the block and adds it to the chain of record.
Today, we hear a lot about fake news and information, particularly on the internet. But what if there was a way for people to have access to data so that the ‘truth’ of the data was preserved? Enter distributed ledger technology (‘DLT’). Many readers will have heard of ‘blockchain’ which is one form of DLT and is the focus of this article.
Let’s take a simple use case – you buy something valuable:
Blockchain has its roots in cryptography and encryption technologies. Historically, the purpose of cryptography was to secure data for transmission using encryption so that only those recipients with ‘keys’ could decrypt the data and use it. Encryption ensured data integrity and confidentiality. Encryption built trust because the sender could not repudiate the transmission. But with a key the data could not only be viewed but altered which potentially undermined the data integrity.
›› Each block has a ‘hash’ that enables that block to be identified from another block;
›› The block stores information about who and what is involved in the transaction; ›› The information is encoded using a digital signature, thus no personal identifying information is involved;
›› The block is ‘published’ to the node and forms part of the ‘Blockchain’ which is capable of being searched. The chain of blocks is stored chronologically; and ›› If you want to change your purchase to increase the number of items being shipped then the block can be edited but the hash changes as well. THE PULSE ISSUE TWO
What’s the hype? The hype around Blockchain relates to: 1. The ability to be anonymous behind a digital signature; 2. The security and trust in the linear chain and the hash – the blocks are difficult to edit and the ‘hash’ updates each time a record is altered. A hacker has to change the hash of every transaction after a block is altered in order to cover the hacker’s tracks. The computer power to do that makes it almost impossible to cover the tracks; 3. The Blockchain has the potential to remove the ‘middle person’ from the transaction depending on how the ledger is established. The Blockchain ledger can either be: ›› D ecentralised or publicly accessible (e.g. crypto currencies); or ›› C entralised with a controlling entity or intermediary. 4. The applicability of the technology to many use cases. A Use Case or two… Today, Blockchain is most associated with crypto currencies such as Bitcoin. Bitcoin adopts the decentralised model which is resource intensive in terms of power and computer usage. However, other use cases are emerging. These ‘other’ use cases are based on the ‘centralised’ model. Examples include land registries, supply chain logistics and stock exchange activities.
15
easing the burden
One land registry considering the move is NSW which is conducting a Proof of Concept using the DLT from a Swedish start up, ChromaWay. In June 2018, ChromaWay together with several Swedish banks, real estate agents and the Swedish Land Registry were able to live demo a Blockchain transaction for the sale of land. Supply chain logistics management is another area where Blockchain has potential. The shipping giant, Maersk together with IBM has developed a platform, TradeLens, that is being used in beta testing to link port operators, customs authorities, cargo owners and freight forwarders. Some 94 participants are using the platform which is expected to be commercialised very soon. The collaborators are also looking at smart contract services for shipping orders. Blockchain and other DLT have enormous potential in the Finance industry where ‘FinTech’ is taking off. The UK Government’s financial regulator, the FCA, has adopted a sandbox development approach and is enabling Fintech companies to test products and services in a live market setting. In Australia, the ASX Limited is rolling out a new platform, ‘DLT based CHESS’ to replace its current system. The ASX will be the world’s first DLT enabled stock exchange which will streamline processes. For smaller organisations, it is still a ‘wait and see’ approach. But what a technology to ‘see’ develop!
NDIA VIRTUAL SECONDMENT
In August 2018, Helen Athanasiadis began work for the National Disability Insurance Agency (NDIA) in Geelong via a virtual (or remote) secondment to help deal with a large volume of FOI requests. To address the challenges of a virtual secondment, Proximity put in place several strategies, including: ›› paying for Helen’s travel and accommodation for a two-week initiation and familiarisation stint at the NDIA head office in Geelong, prior to her return to work from our Canberra office ›› weekly formal strategy and update meetings with the NDIA team leaders ›› daily teleconferences with legal team members and NDIA instructors ›› access and operations directly on the NDIA network and system ›› regular pulse check teleconferences between Proximity management and NDIA team leaders. Helen’s input has had a very significant impact on the workload of the team. Helen has also provided the team (and junior staff in particular) with mentoring and guidance regarding the FOI Act, OAIC Guidelines and relevant administrative law principles underpinning FOI law. This has led to a significant increase in skill level across the team and a more rigorous and cost-effective approach to processing FOI requests.
THE PULSE ISSUE TWO
16
staff profile
TWO MINUTES WITH... Each edition, we profile a staff member who is an integral part of the Proximity story. Today we meet, Principal Advisor, Sarah Byrne.
Tell us how you came to join the Proximity team?
What is your proudest moment (in a professional context)?
I had good experiences with Proximity as a client, and had a high opinion of the lawyers there when looking to backfill in my Branch. When I left the APS to go to the Bar, I had a few months between passing the Bar exam and starting the practice course in Sydney, so Sean (King) asked if I’d be interested in a few months’ secondment. I found all the flexibility, autonomy and variety I’d been looking for - and loved it so much I stayed.
I’m fortunate to have a few to choose from - I’ve been around for a long time. I am proud to have been the first General Counsel for a central agency, when I was appointed to build the Finance legal branch from scratch. I am proud of an advice I wrote for the Registrar of Plant Breeders’ Rights that was cited and followed by several international courts. I’m proud of the ACT Sexual Assault Reform Program, a long and difficult project involving multiple stakeholders, that has genuinely improved the experiences of survivors of sexual assault. And I was very proud of passing the hideous Bar exam!
What is the best advice you’ve ever been given? ‘The thing that makes you awesome is the thing that makes you suck.’ That is to say, it’s important to realise that sometimes the characteristics that make a person shine come from the same place as the characteristics that annoy you.
and how good it is. Some weeks there is so much going on I literally cannot get to all of it. 2018 was a slow year - I only saw 88 shows - most years I average well over 100. (And, of course, Canberra is where I met my husband, another massive theatre wonk.)
What advice do you give to someone starting out in a career? You don’t get participation awards in real life - you will be expected to do more than just show up - you need to make a contribution. And find a job where the culture matches your values - it will save you a lot of misery.
What is the best thing about working in the national capital?
If you had your time again what would you have done differently?
Non-Canberrans don’t get how much is going on here because they expect everything to be centred in the CBD. I love how much theatre we have here,
My main career missteps have been where I found myself in an ethical dilemma and did the right thing. I would not change any of those decisions, but
THE PULSE ISSUE TWO
17
engagement
I might have been more tactful about them. The standards that you walk past are the standards you accept, but I could have been more diplomatic, on occasion, without necessarily walking past poor behaviour.
What keeps you awake at night? I hate not knowing things. While I’m drifting off I will suddenly realise I can’t name all of the moons of Jupiter, or remember the order of Agatha Christie’s novels, and I have to turn the light on and look them up, because someone might ask me that tomorrow, and how embarrassing would it be if I didn’t know?
HOW TO ACCESS PROXIMITY Proximity has entered into parcel arrangements with many key Australian Government clients. If your agency doesn’t have a purchasing agreement with us, here are the best options for engaging Proximity.
With an eye to the future, what does success look like for you? Success is to love my work, be respected for the quality of my work, and to have the time and resources to look after myself and to do the other things I love.
Away from work, what is your passion? I have many extra-curricular passions, but the first two are theatre and crime fiction. Every year I make what I call the ‘Bouchercon and Broadway Tour’ - or the Mysteries and Musicals tour where I attend Bouchercon (the World Mystery Convention), usually in the US, and then spend a week in New York visiting friends and seeing shows. I’ve just stepped down as a judge of the Canberra Area Theatre Awards, but I’m still on the panel of judges for the Australian Crime Writers Association (“Ned Kelly”) Awards for crime fiction (it rotates), and I often speak at writers festivals and conventions. I used to sing jazz professionally, too, and still love jazz, but now I am mainly in the audience when my husband lets loose on any of bass, tuba, sousaphone or assorted percussion.
PROXIMITY IS AN APPROVED SUPPLIER ON THE FOLLOWING PARCELS: Department of Industry, Innovation and Science General Legal Advisings Parcel Department of Industry, Innovation and Science Secondment Parcel Department of Human Services Secondment Parcel Department of the Prime Minister and Cabinet Corporate, Commercial Law and Dispute Resolution Parcel Department of Home Affairs Secondment Parcel In addition to the legal parcels listed above, Proximity is a regular supplier on a number of government panels, supplying a range of commercial and governance services. Proximity is an approved supplier on the following panels: ABS – Privacy Services Panel ACT Government – Light Rail Stage 2 Advisory Services Panel Airservices Australia – Procurement and Resources Panel Department of Defence – Defence Support Services Panel Department of Defence – Negotiation Services Panel Department of Home Affairs – Consultancy and Business Services Panel Department of Human Services – ICT Contractor Services Panel Australian Federal Police – Capability Support Services Panel THE PULSE ISSUE TWO
18
health and wellbeing
PROXIMITY CANBERRA TRIATHLON FESTIVAL A HUGE SUCCESS A fabulous turn out of almost 800 participants competed in the 2019 Proximity Canberra Triathlon Festival on 9 February.
It was great to see so many first-timers enjoying a great morning of friendly competition.
THE PULSE ISSUE TWO
19
Proximity is proud to be the major sponsor of the festival and thanks all who participated in such a great spirit, especially those who entered in the hotly-contested corporate and community category. www.proximitytriathlon.com.au
THE PULSE ISSUE TWO
20
staff buy-in
A TARGETED APPROACH TO COMMUNITY SUPPORT Since its inception in 2011, Proximity has had a strong focus on the community in which we live and work, and the appointment of Declan Norrie as Pro Bono and Corporate Social Responsibility (CSR) Manager, has provided a stronger and targeted approach to this important aspect of our business. ‘Proximity has always valued community engagement and bringing caring people into the organisation, although in the past initiatives have been developed, implemented and supported relatively organically,’ Declan said. ‘However, in 2018, we sought to change our approach to a more coordinated and widely understood pro bono and CSR program which was developed with significant staff input. ‘As Proximity continues to grow, it is important that our contributions to the community reflect the interests of our employees and encourage active and meaningful involvement. Rather than an ‘executive driven’ effort, we are empowering our staff to guide how we best contribute to the Canberra community. ‘To ensure we continue to foster a community-oriented team at Proximity, we surveyed all of our staff to help guide future engagements, and provide us with priority areas for our future pro bono work. This included understanding the pro bono and community contributions that staff had been making to date, whether through Proximity or of their own volition.’
Following the survey, three themes were identified as focus areas for Proximity’s provision of pro bono legal services and other community initiatives: 1. Mental health 2. Domestic violence prevention 3. Indigenous Australia ‘Our focus is on deep engagements with a small number of organisations which align with the core themes identified by staff. By doing so, we aim to maximise our impact in the community, particularly the Canberra community, and enable real change for people supported by our community partners,’ Declan said. ‘Our existing community partners align with these themes and we will continue to support them however we can. In 2019, we will also explore how we can support Canberra’s homeless community into the future, which was identified by staff as a CSR-specific theme Proximity should prioritise. ‘Staff perception of Proximity as a socially responsible business is vital. We’re thrilled that 100% of staff respondents to the survey see Proximity as conducting itself in a socially responsible way. Our aim is to maintain this perfect score while improving our community impact – watch this space to see how we continue to find ways to do so!’ THE PULSE ISSUE TWO
STAFF SURVEY RESULTS OF PRO BONO AND CSR AWARENESS How many hours per month would you contribute to the broader community? Nil Ad Hoc 1–2 hours per month 3–5 hours per month 6+ hours per month
26%
16% 16%
21%
21%
Do you think Proximity is a business which conducts itself in a socially responsible way? Yes
No
Sometimes
100%
21
community space
THE FARM IN GALONG The program’s goal is to consolidate skills acquired in previous settings such as abstinence, a sense of self-worth, initiative and responsibility. It aims to equip residents for independent living by offering vocational and training opportunities and helping them to establish ordered, reflective and productive habits of life. For those residents who have had children removed, the Farm works with them towards the restoration of their children into their lives. Months of renovations on the property are now almost complete and a pilot group of women will move to the Farm in the next few weeks. Importantly, these women have been part of reestablishing the buildings and grounds.
Proximity is excited to announce a new community partnership with an organisation supporting women in need, called The Farm in Galong.
The Farm in Galong was formed to address particular aspects of the problem of substance abuse in the community. Located on a one hectare site in Galong, one and a half hours north-west of Canberra, the facility is a beautiful place to provide care after rehabilitation for women seeking to consolidate their recovery from substance abuse and achieve a permanent turn around.
Proximity will be providing ongoing pro bono legal services to The Farm in Galong. Given this great initiative is in its formative stage, the initial legal services provided will be focused around the corporate entity and the provision of contracts for relevant stakeholders involved in the initiative, including the participants, carers and volunteers.
(LEFT TO RIGHT) PROXIMITY DIRECTOR, JAMES DUNN MEETS WITH THE FARM IN GALONG FOUNDER, KATE CLEARY, AND IS JOINED BY PROXIMITY ADVISOR, COLLEEN CHEN AND PRO BONO AND CSR MANAGER, DECLAN NORRIE.
THE PULSE ISSUE TWO
22
Life at the office
White Ribbon Day Martin shared the words of an Indigenous mother who expressed her gratitude to Menslink saying: ‘From a mother’s perspective, from a family point of view, from the bottom of my heart, there are no words to describe how grateful I am. I am close to tears. The difference that Menslink made to my son’s life is a game changer.’ Founder of The Farm in Galong, Kate Cleary, outlined the project’s history, commencing in 2017 when a former convent on a beautiful property was gifted to the project.
ENJOYING THE WHITE RIBBON DAY BREAKFAST (FROM LEFT) PROXIMITY SENIOR ADVISOR SIMON TAYLOR, THE FARM IN GALONG FOUNDER KATE CLEARY, MENSLINK CEO MARTIN FISK AND PROXIMITY PRINCIPAL ADVISOR SARAH BYRNE.
To coincide with the launch of Proximity’s new Pro Bono and Corporate Social Responsibility program, we hosted a special breakfast event in support of White Ribbon Day, which brings the community together to end men’s domestic violence against women. Our staff heard from the leaders of two of our community partners –
Menslink and The Farm in Galong – who we are pleased to offer our pro bono support to. Menslink Chief Executive, Martin Fisk, spoke of the challenges facing young men and boys in the Canberra region and the counselling and mentoring support services provided free of charge by Menslink to more than 2,500 clients in the past decade.
‘We call it a restoration program. Together we are restoring the convent, the property, and the lives of women in need of care and dayto-day support,’ Kate said. ‘Our aim is to help these women re-establish their lives and reengage with their families, in an environment where they are protected from harm and trauma.’ For more information please visit menslink.org.au and thefarmingalong.com.au
Movember It was great to see our Pro Bono and Corporate Social Responsibility Manager, Declan Norrie, and Advisor Bilal Hussain (pictured) doing their bit to help raise the awareness of men’s health issues by growing a ‘’mo’’ for Movember and helping to raise money for this worthy cause. PROUD MOVEMBER SUPPORTERS DECLAN NORRIE (LEFT) AND BILAL HUSSAIN.
THE PULSE ISSUE TWO
23
Oz Harvest Food Drive Proximity staff gave generously to the 2018 OzHarvest Christmas Food Drive, donating 250 nonperishable food items which made up 11 large hampers for families in need over the Christmas period.
Bowled over for Christmas
ABOVE: ALICE LINACRE, ADRIAN D’AMICO, KERRIE-ANNE LUSCOMBE AND LISA KEELING
Government Law Drinks More than 100 people attended the ACT Law Society’s Government Drinks event which included a spirited panel discussion on ‘How the role of in-house lawyers has changed – the good, the bad and what the future holds’. The panelists were Alice Linacre, General Counsel from the Department of Agriculture and Water Resources, Adrian D’Amico, Head Defence Legal from Department of Defence, facilitator Kerrie-Anne Luscombe, a Proximity Advisory Board member, and Lisa Keeling, Assistant Secretary Legal Division from the Department of Home Affairs.
Our year ended with a great afternoon of barefoot bowls and a team dinner to wrap up a huge year in 2018.
THE PULSE ISSUE TWO
PROXIMITY ON A PAGE It’s not easy to capture the breadth of what we do, and how we do it, but kudos to our design team on this effort. VALUES GENUINE
IVE AT V NO IN E SIT N O
Corporate & Commercial
HE LP FU L
DELIVERY ADVISORY
PRO DU CT S SO LU T I ONS
Organisational Governance Probity
CO
Legal Support Services
GOV
ESS
SIN
BU R
Y
Litigation & Dispute Resolution
ND LA A LEGA
Property & Environment
LE GAL
Workplace & Industrial Relations
ERNANCE
Public Law
MM
E R CIA L A D
COM
O VI S
M E R CIAL
Procurement & Contracting
Procurement-as -a-service Optix™
Work Health and Safety Reviews, Investigations & Assurance
Program Evaluation & Benefits Realisation
Project Control & Cost Modelling
Business Cases & Feasibility Studies
Process Improvement