Proximity: The Pulse | Edition Five

EDITION FIVE

innovative genuine helpful

THE INFORMATION IN THE PULSE IS PROVIDED FOR INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL OR PROFESSIONAL ADVICE. FORMAL LEGAL OR PROFESSIONAL ADVICE SHOULD BE SOUGHT IN RELATION TO SPECIFIC CIRCUMSTANCES.

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Welcome to Proximity

Welcome to our latest edition of The Pulse, our first for 2020.

The forward to this edition of The Pulse is one that I never imagined having to write; with Australia and the entire globe facing difficult and uncertain times.

We faced the devastating impact of the bushfires across Australia which wreaked havoc on communities, the environment and our economy; and now we are grappling with the growing COVID-19 coronavirus pandemic.

At the time of writing, we are watching the impacts of COVID-19 unfold. The evolving nature of the virus and the subsequent impacts on our communities and economy is unprecedented. Proximity is responding to the challenges of COVID-19 and, above all else, we are committed to the safety and health of our staff, clients and the wider community.

Proximity extends its sympathy and support to all whose lives have been directly and indirectly impacted by the bushfires and the COVID-19 pandemic. This is a time for all of us to support each other. We can only hope and encourage for this situation to bring out the best in people; not the worst. We thank the many volunteers who assisted during the bushfire crisis and the healthcare and other frontline workers who are working tirelessly to reduce the health impacts of the COVID-19 pandemic.

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Like so many organisations and individuals, Proximity and our staff have added to the many generous donations given in support of the massive bushfire recovery and rebuild that lies ahead.

Unfortunately, many people and businesses will be significantly impacted by the COVID-19 pandemic, and much compassion and support will be needed in the coming weeks and months to support those people and businesses.

There is no doubt that as the world warms, and we experience an increase in the frequency and severity of extreme weather events, all of us need to adapt to what many are describing as a ’new normal’. Inside this edition of The Pulse, there is timely advice for all of us on the risks, especially for directors, who fail to address climate risk in carrying out their duty of care.

Similarly, with so much attention on the growing number of Royal Commissions (banking, aged care, people with a disability, and now the bushfires) we look at the significant impact that Royal Commissions can have on government departments and agencies; and give some practical steps you can take to be prepared.

Among all of this difficulty, an a lighter note, we were delighted with a great day of fun and healthy competition at the recent Proximity Canberra Triathlon Festival at Lake Burley Griffin, especially seeing so many first-timers enter the achievable corporate and community category.

We hope that you benefit from this edition of The Pulse and we look forward to working with you in the year ahead.

Sean King Director, Proximity

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APS changes

HAVE YOU BEEN MOG’D? WE CAN HELP! Many of you will have been thinking about the challenges of transition.

BAU never sleeps, and from 1 February when the changes took effect, the new-look departments were determined to hit the ground running.

Delegations, authorisations and appointments are a big part of this, but the broader impacts can be overlooked in the rush to re-set.

Here are some questions to consider within your department:

BY DAVID SMITH SPECIAL ADVISOR

In recent weeks the Australian Government underwent significant machinery of government changes.

This included 18 departments reduced to 14.

D E L EG ATI O NS, AU T H O RI SATI O NS & A P P OI NTM E NTS

› What instruments need to be remade? › Do statutory office-holders need reappointing?

L EG I S L ATI O N

› Does the Acts Interpretation Act (AIA), including the recent substituted reference order, do everything needed? › Is legislative change needed? If so, can all statutory decision-making continue until then?

AG R E E ME NTS

› How does the AIA affect agreements (of all types)? › Should any be varied or terminated? › What should you tell suppliers?

P ROC U RE M E NT

› Are any current procurement processes now unnecessary or unsuitable in scope? › Can you, and should you, change or cancel any?

G OV E R NA NCE

› Are changes appropriate for internal governance, portfolio body oversight or external stakeholder management?

Contact us at enquiries@proximity.com or call 1800 959 885 to discuss how we can help keep your legal and governance framework running smoothly.

For more information about our expertise in this area, and our broader legal, commercial and governance solutions, visit www.proximity.com.au THE PULSE EDITION FIVE

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directors’ duties

DON’T TAKE THE RISK ON CLIMATE RISK This was one of the findings of the Centre for Policy Development discussion paper on Public Authority Directors’ Duties and Climate Change released in 2019, and building on earlier statements from the Australian Securities & Investments Commission (ASIC).

BY INGRID BREMERS SENIOR ADVISOR

Do directors of incorporated public authorities have duties in respect of climate risk? Directors of incorporated public entities need to start thinking about climate risks in order to comply with their directors’ duties.

Climate risk is also emerging as an important legal risk for organisations, as there is a current trend internationally of class actions being brought against companies and public authorities for perceived failures to address climate change.

WHAT DUTIES APPLY TO DIRECTORS OF AUSTRALIAN CORPORATIONS IN RESPECT OF CLIMATE RISK? In recent years there has been considerable debate about the duties of directors of Australian corporations in relation to the disclosure of climate risks.

In October 2016, Noel Hutley SC and Sebastian Hartford-Davis, formed the view that climate change is a foreseeable risk to Australian companies and directors should consider climate risk to satisfy their duty of care and diligence under section 180 of the Corporations Act. This position was subsequently endorsed by ASIC, indicating that directors should take a probative and proactive approach to climate risks.

HOW DOES THIS APPLY TO CORPORATE COMMONWEALTH ENTITIES AND COMMONWEALTH COMPANIES? Section 25(1) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) sets out a duty on officials of Commonwealth entities to act with ‘care and diligence’, which is comparable to the Corporations Act duty.

Given this, the discussion paper concludes that the Corporations Act analysis in relation to climate risk will likely apply to incorporated public entities in the PGPA Act context (but did not consider noncorporate Commonwealth entities, except that it will be relevant to officials with portfolio oversight of relevant Commonwealth entities).

In fact, the discussion paper contends that in some circumstances the obligations could even apply ‘more stringently’ to directors of relevant Commonwealth entities – particularly given that broad public sector values will apply, the absence of a ‘business judgment rule’ defence in the PGPA Act regime, and where the objectives or functions of an entity could imply a stronger set of obligations (e.g. where activities may be particularly relevant to or impacted by climate change).

Want to read more? Check out the full report at https://cpd.org.au/2019/02/public-authorities/ THE PULSE EDITION FIVE

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governance hub

SURVIVING A ROYAL COMMISSION

BY PAULA GONZALEZ SENIOR ADVISOR

Almost on a daily basis we hear about everyday Australians who have shared their stories with Royal Commission inquiries.

We have become familiar with the headlines of sensational findings about the systemic failings and unconscionable conduct of numerous companies and organisations. But lesser seen and understood is the behind-thescenes impact of Royal Commission inquiries on government departments and agencies. And that impact is not to be understated.

There are plenty of good reasons why the prospect of a Royal Commission can send experienced public servants into a spin. Least of which is the amount of work that an inquiry can generate. Other reasons include: › the intense media coverage amplifies the risk of reputational damage, especially when public distrust in government institutions is high › the broad powers of inquiry will generate very broad information requests › high community expectations.

Australians expect these inquiries to fix the issues they perceive the government cannot.

With the clock ticking on terms of reference, Royal Commissions move quickly to establish their inquiries, and can catch agencies unprepared.

The legal team in an agency is often the first responder to the inquiry

responding to a Royal Commission, contact a Proximity expert at enquiries@proximity.com.au or call 1800 959 885.

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and it can play a critical role to ensure the agency responds to the inquiry in a cooperative and coherent manner.

Experience shows that the best prepared agencies are the ones with: › the right governance arrangements in place › a clear understanding of the strategic risks related to the inquiry › clear lines of responsibility and an agreed coordinated whole-ofagency approach.

Proximity has expertise helping agencies to respond effectively to Royal Commission inquiries. Our experience extends to advising on strategic risks related to an inquiry and the coordination of policy and program reforms to address findings and recommendations.

For advice on preparing for, or

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commercial hub

GRANTS ADMINISTRATION BEST PRACTICE: WHAT DOES IT LOOK LIKE? Australian Government grants administration is governed by the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Commonwealth Grants Rules and Guidelines 2017 (CGRGs).

Good practice grants administration at each stage of the grant lifecycle is described below: FIGURE 1 – GRANTS ADMINISTRATION ACTIVITIES ACROSS THE GRANT LIFECYCLE

BY NICOLE ELLIOTT SPECIAL ADVISOR

Good grants administration promotes the proper use and management of public resources by collaborating with non-government entities and individuals to achieve intended policy outcomes.

DESIGN

ASSESS

ESTABLISH

MANAGE

EVALUATE

Planning

Eligibility compliance

Awarding the grant

Stakeholder management

Review of individual grantees or grants

Stakeholder consulation Defining objectives and outcomes Identifying, managing and mitigating risks

Publishing grant Monitoring outcomes grantee Negotiating the performance Decision making grant agreement and compliance including Risk briefing the management responsible Managing Minister payments Assessment of grant application

Evaluation of the overall grant opportunity against the desired policy intent

In 2016, the Commonwealth established two Grants Hubs, the Business Grants Hub and the Community Grants Hub. The states and territories have since established similar hubs, including the ONEVPS Grants Hub and GrantsNT Hub. The Business and the Community Grants Hubs were designed to leverage whole-of-government initiatives, making best use of existing structures, business processes and ICT architecture.

Applicants and grant recipients now experience a single-entry point to access grant opportunities and faster, simpler processes. Government is leveraging best practice to comply with whole-of-government frameworks.

Participating government agencies are required to engage with either of the hubs for grants administration services. This means agencies retain responsibility for grant program policy and briefing the responsible minister, while the hub is responsible for administering grant programs.

Agencies accountable authorities’ responsibilities under the PGPA Act are not reduced by engagement with a Hub. Agencies should clearly advise their minister on which services the Hub delivered, how these services informed decision-making, and any recommendations for approval.

Proximity can assist with advice on grants administration and getting your processes right.

Ask us how we can help at enquiries@proximity.com.au or call 1800 959 885.

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legal hub

ANNUAL REVIEWS OF BOARD PERFORMANCE

BY JAMES LAVERY PRINCIPAL ADVISOR

Legislation, rules or orders establishing Commonwealth entities with a board also usually impose significant obligations on those boards.

WHO UNDERTAKES THE REVIEW?

So how do board members, both individually and collectively, understand their own performance in the discharge of these significant obligations? The answer lies in a critical aspect of good governance at a board level—regular reviews of board performance.

Good governance practice is that, once every 2–3 years, a person independent of the board—usually a specialist board consultant— undertakes the review instead of the board chair. This ensures that an independent perspective of board performance is brought to the board table once every 2–3 years.

HOW OFTEN?

For those Commonwealth entities with a board, there are significant legal obligations imposed on the board—as accountable authority—under the Public Governance, Performance and Accountability Act 2013.

A well-constructed board charter and board annual calendar will usually ensure that there is provision for an annual review of board performance.

Sometimes boards will also conduct more regular reviews.

For example, some boards have a different board member lead a “mini” review of the meeting, at the end of each meeting, as a standing agenda item.

Usually, the board chair performs the review personally once a year.

WHAT ARE THE METHODS FOR UNDERTAKING A REVIEW? The range of methods which can be deployed by the board chair or independent consultant are limitless. Different methods will suit different boards. Usually, the chair will agree with board members in advance the techniques to be used in the review.

The most common are: › Surveys—of board members and sometimes senior executives who deal with the board. Sometimes external stakeholders are surveyed too. › Interviews—one on one with board members and sometimes senior executives. The chair will usually undertake these.

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meeting of minds

› Observation—by a specific board member, or by the chair, of a meeting, or series of meetings (or observation by the independent consultant if the review is independent). Observations and findings are then reported back at a subsequent meeting, sometimes followed by a group assessment discussion and reflection. › Review of papers and other board documents— this can be undertaken by the chair or specific board members. They can then report back on findings and lead a discussion after reporting.

The board secretariat, or an external provider, usually supports the board chair in the conduct of the annual review. If a number of these techniques are used, running the review can be quite a large task.

In most cases, the results of the review are compiled and discussed as a specific item at a board meeting.

The results are documented and used as a benchmark for the next review.

BOARD COMMITTEES Board committee charters usually provide for reviews of board committee performance too. The results are then communicated to the board. Often, board and committee charter reviews are scheduled as an item at the same meeting as the review of board performance because the topics are linked.

PROXIMITY’S OFFERING Proximity has significant expertise in conducting reviews of board and board committee performance.

This is particularly the case in relation to meaningful consultation with board members and executives, and the construction of surveys which lead to pragmatic and useful board review recommendations.

Proximity is also a member of the Governance and Executive Services Panel established by the Department of Finance. The governance aspect of this Panel was put in place specifically to provide for board performance, strategy and governance reviews.

To find out more contact us at enquiries@proximity.com.au or call 1800 959 885.

Public and Administrative Law Forum Every two months a group of diverse advisors within Proximity get together for the Public and Administrative Law Forum.

The forum is designed to be a collaborative meeting of minds, bringing together our in-house and outposted advisors into the one place to discuss issues, problems and find solutions in the public and administrative law space.

Besides achieving the overall goal of integrating our public and administrative team, the meeting has two other key objectives—to share our knowledge and problem-solving skills by assisting those advisors trying to find solutions for government clients, and to provide a forum for our advisors to practice presentations and prepare solutions for clients.

In the past 12 months, the forum discussed topics as diverse as problem solving and decisionwriting in therapeutic goods, with a case study on the transvaginal mesh cancellation decisions; interpreting complex statutory provisions using tree diagrams and pictures; how the implied freedom of communication works for public servants in the recent High Court case, Comcare v Banerji; and traps and tips in preparing authorisations and delegations in the public service environment.

One of the key advantages of the group is to allow practitioners with years of experience to share their expertise with those new to providing legal advice.

This allows senior staff to have a key mentoring role while providing less experienced staff with mentoring and support. We aim to ensure our meetings are fun and creative to engender a relaxed learning environment.

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staff profile

TWO MINUTES WITH...

Each edition, we profile a staff member who is an integral part of the Proximity story. Today we meet one of the newest members of our team, Special Advisor, Sarah Colman.

Tell us how you came to join the Proximity team?

What is your proudest moment (in a professional context)?

I first met Sean King and his wife Kim about 12 months ago through horse riding. Since then I’ve learnt a lot more about Proximity and really liked what I heard.

The beginning of 2020 felt like the right time to join the firm and I’m excited about this new chapter in my life.

Being recognised for my contribution to both legal work and legal innovation at Telstra and being awarded ‘Telstra’s Lawyer of the Year’. I also get a lot of satisfaction being part of a deal team and closing large deals.

What is the best advice you’ve ever been given?

My dad always told me to do what I enjoy and the rest will follow. If you enjoy what you’re doing, you’ll be good at it.

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What’s the best thing about working in the national capital?

The variety of work and opportunities while still living in a ‘country town’. I love that I can fit in an early morning horse ride or morning walk up Mt Majura and still make it to work on time!

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hot off the press

Demystifying Business Process Management What advice do you give to someone starting out in a career?

Proximity Principal Advisor, John Jeston’s bestseller, Business Process Management (BPM), has been updated and re-released in its fourth edition.

Follow your passion, not the crowd. Honour your values and learn from leaders that you respect and admire.

If you had your time again what would you have done differently?

I would have quit horse riding and taken up a less time consuming, dangerous hobby! Jokes aside, I wouldn’t change anything.

I’m eternally grateful for the opportunities I have been given both professionally and personally.

What keeps you up at night?

This summer it was definitely the bushfires!

With an eye to the future, what does success look like for you?

Finding balance - continuing to advise on interesting, complex projects while still finding time to stay fit and healthy and spend time with my family.

Away from work, what is your passion?

Its common-sense approach teaches how BPM must be well integrated across an entire business if it’s to be successful, augmented and aligned with other management disciplines.

The book also highlights that millennials will be 50 per cent of the global workforce in 2020 and 67 per cent by 2025. John warns managers to ignore them at your peril.

Thomas H. Davenport, a leading American academic and author, specialising in analytics, business process innovation and knowledge management says: ‘This book shouldn’t be unusual, but it is. It should have been written a long time ago, but it wasn’t. All books on business process management should be similar to it, but they aren’t.

Books that purport to tell people in organisations how to do something should be this clear, but they seldom are.’

I love being outdoors – horse riding is a big part of my life. I also dabble in mountain biking, hiking and love to travel.

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government panels

GREAT TO BE IN ON THE A.C.T. Proximity is excited to enter the new year with our recent appointment to two major ACT Government Panels.

The Panels were established by the ACT Government, to connect Territory buyers to suppliers, in areas specialising in professional and consulting services support.

ACT Government Professional and Consulting Services Panel Proximity was appointed to the ACT Government Professional and Consulting Services Panel to provide services under panel categories including Strategic Business Advice, Finance and Procurement.

Out of the 268 industry members that tendered, Proximity was:

› one of 16 successful tenderers for the Business Strategic Advice category › one of 11 successful tenderers for the Procurement category › one of 16 successful tenderers for the Finance category ACT Government Legal Panel Proximity was also appointed to the ACT Government’s Legal Services Panel for every practice area applied for, including: Sub-panel commercial › general commercial, corporate and contractual matters, including major projects › information technology and communications contracts › infrastructure and construction projects (including PPPs) › intellectual property

Sub-panel government and advisory › administrative law › employment and industrial relations › probity › procurement › statutory interpretation › work health and safety Sub-panel litigation › public inquests and inquiries including commission of hearings Sub-panel property › leasing and licensing Both panel arrangements connect Territory buyers to Proximity’s multi-disciplinary team of advisors, who collectively share an innovative, genuine and helpful approach to working with government clients.

Mental Health & High Performance Proximity had the pleasure of attending a discussion around Mental Health and High Performance, hosted by Michael Page at the aMBUSH Gallery at ANU on Friday 6th March. The event was facilitated by Marian Moss, who has worked within top tier law firms and is a former ‘Government Lawyer of the Year’.

Marian provided an engaging and

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informative discussion, helping to generate further understanding of how mental health and high performance go hand in hand.

The event was beneficial for all Proximity attendees, hearing first-hand ways in which workplaces can facilitate open and direct communication around mental health.

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procurement

TIPS FOR QUALITY INDUSTRY ENGAGEMENT 1. SET YOUR OBJECTIVES

BY INGRID BREMERS SENIOR ADVISOR

Early industry engagement is critical to government obtaining innovative, collaborative and market leading solutions from procurements. However poorly planned or executed industry engagement can go horribly wrong—from simply wasting everyone’s time, to jeopardising the probity of procurements and being a serious reputational risk for government.

What is the best way to engage with industry stakeholders, without falling foul of probity requirements? Here are four tips to make the most of industry engagement:

It is important that you are clear about what are you trying to achieve with your industry engagement. Are you simply looking to discuss potential opportunities, developments, and threats in that market (horizon scanning) or looking for more specific feedback to test the viability of a concept— or something in between? Once you have set your objectives, it is important to develop a strategy and clearly communicate your expectations and ground rules for the engagement to participants, to both industry and your team. The more planning and structure that goes into your approach, the better the likely results.

2. HANDLE INTELLECTUAL PROPERTY CAREFULLY There are a few elements to this. It is important that industry understands that you will appropriately protect their proprietary information—so set this out clearly in your early correspondence. That said, you don’t want to feel hamstrung by overly restrictive intellectual property regimes which could inhibit the usefulness of the industry engagement (or at worst ‘lock in’ a potential supplier).

Make sure you seek legal advice before signing any non-disclosure agreements or confidentiality deeds offered by industry.

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3. GET PROBITY INVOLVED EARLY Probity advisers have a lot to contribute to setting up successful industry engagement activities.

They can help set up processes to mitigate risks for future procurements and give decisionmakers comfort around industry engagement—that is, good probity advisers should help you set appropriate ‘guardrails’ for everyone involved.

4. FINISHING STRONG Have you thought about how you will end your engagement?

This is an important step to thank industry (who may have put a lot of effort and resources into the activities) and help maintain good relationships with them. However, this can also be a good opportunity to set expectations about any further communication and interaction.

Are you looking at industry engagement in 2020?

Ask us how we can help at enquiries@proximity.com.au or 1800 959 885.

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development

CPD SERIES FOR EARLY CAREER PROFESSIONALS Are you in your early career as a public service professional?

Are you keen to get ahead and involved in the most interesting and rewarding work?

If the answer is yes, we have the seminars for you!

In our newest Continuing Professional Development (CPD) program, Proximity team members will share some of our best lessons learned and helpful tips for people starting out in their careers.

Proximity will host three engaging breakfast CPD seminars that will build on one another to give you a deep learning experience. In a small group setting, we will explore the challenges facing early career professionals who want to create “stretch” opportunities or position themselves for more senior roles both in and outside of in-house legal areas across the APS.

The seminars will align with CPD requirements and will be informed by the rich experience of our development team who have years of experience in the public and private sector, and have led some of the most complex legal matters and policy projects across the APS. Whether your future holds a promotion, an interesting sideways move or a total careerpivot, our team has curated these seminars to share with you their valuable insights into the skills and traits that early career professionals need to get ahead.

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‘SIGN ME UP!’ We will be opening the series for registration soon.

To get your invite, contact proximity@enquiries.com.au

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creating SOPs

DEFENCE TRANSITION SUPPORT The first question for any engagement of this nature is: ‘How many processes do you have?’

Most organisations do not actually know.

BY JOHN JESTON PRINCIPAL ADVISOR

Proximity was engaged by the ADF Transition (ADFT) Directorate at Defence Community Organisation (a unit within the Defence People Group) to document its business processes and create Standard Operating Procedures (SOPs).

Proximity worked with the ADFT team to create a process architecture that showed the levels and number of processes within ADFT. A process architecture demonstrates with clarity the linkages of the processes with each other, with external service providers, and key stakeholders.

This is essential as it forms the foundations and context for any process documentation or improvement activity.

Proximity also worked with the ADFT executive team to establish a process government model to enable the ongoing management of the processes and SOPs. Responsibilities for key processes were also allocated to key team members.

The Director of ADFT stated that: ‘Development of SOPs facilitates the standardisation of processes nationally and baselines minimum delivery standard. The business benefits of this engagement to the team have been invaluable and well received.’

ADFT wanted to document its processes and create SOPs because: › there is a need to ensure that all Defence members and their families are serviced in a standard, consistent and optimised way across all ADFT regional centres; › it is essential that ADFT is able to provide proof and traceability to all internal and external stakeholders that ADFT transitioning members and families have been serviced in this consistent way; and › it is essential that all new ADFT Team members are able to be onboarded and trained in the delivery of ADF Transition processes in a consistent way across the 13 ADF Transition centres.

Contact Proximity for your business processes needs via enquiries@proximity.com.au or 1800 959 885.

Above: Proximity’s John Jeston with Madeline Makeham from ADF Transition.

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service delivery

WORDS IN ACTION: FOCUSING ON THE USER Imagine a future where government rules are easy to find, understand and follow.

The rapid take-up of digital technologies in Australia has created an opportunity to transform the way government delivers services for people.

However, to do so requires lawyers, policy advisors and application developers to work together in cross disciplinary teams to develop user-focused legislation and policies.

As part of Proximity’s support of the University of Canberra (UC), Senior Advisor, Rob MacLean, has co-convened the inaugural ‘Law, Innovation and Technology’ unit for the Canberra School of Law. The capstone unit draws students from the Faculties of Science, Technology, Engineering and Mathematics and Business Government and Law, into small cross disciplinary groups, who focus on how we might make government laws and polices easier for both humans and machines to understand.

During workshops, UC students translated the legislation of the Notifiable Data Breach scheme into infographics, to help public sector managers understand their THE PULSE EDITION FIVE

obligations under the Privacy Act. The students then used scrum techniques to develop a Minimum Viable Product for an app that advises on the eligibility to run for Federal Parliament.

The final capstone activity was a three-week P.E.S.T.E.L. (Political, Economic, Social, Technological, Environmental and Legal) analysis of a hypothetical ACT Chief Minister directive to transition the Australian Capital Territory from petrol and diesel personal use vehicles to electric vehicles by 2030.

As part of Proximity’s support for the unit, the top student in the unit will receive a cash prize and be offered an internship with Proximity during 2020.

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project planning

THE LAWYER’S ROLE IN KEEPING COMPLEX PROJECTS ALIVE A simple example that has long remained in my mind was the start up meeting for a large, multi-agency project team brought together to undertake the scoping study for the establishment of an intermodal (container) terminal facility on the Army’s school of engineering site in western Sydney.

BY BRUCE BROWN EXPERT CONSULTANT

The head of a large Commonwealth department’s corporate group once told me that they found law graduates appointed through their graduate recruitment scheme to be particularly valuable because ‘they have been trained to think clearly and write clearly’. Those thinking skills, in particular, often enable them to see the bigger picture in projects or identify where the logjams are in those projects.

I find that many lawyers often undersell their capacity to contribute to large, complex government projects because they only market themselves in terms of the raw legal skills they can bring to a team.

One agency rep after another spoke only about the issues faced by what their organisation saw in respect of the Army site, and they each viewed their issues as central to the success of the project.

The partner of the engaged law firm stood up and simply stated ‘ninety per cent of the challenges that this project faces have nothing to do with the site itself’. He proceeded to give a narrative for the entire project, starting at the Botany Bay container terminal and taking us along the train and highway routes, discussing state and local government tensions, engineering and traffic flow issues, potential resident and private competitor obstructionism, and cultural and heritage issues.

He was clearly not an expert in many of these areas, but he was the only participant who came to ‘see and tell the whole story’. His involvement proved integral to the success of the scoping study project in many areas that were not strictly legal in nature.

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Another complex project was the implementation of the Defence Department’s Domestic Munitions Manufacturing Arrangements, which was aimed at rationalising the manufacturing of munitions and propellants in Australia.

The project involved multiple stakeholders, including unions and private manufacturers, and involved environmental, heritage and industrial issues. From the start of their appointment, the lawyers threw themselves into understanding the intricacies of the project, and as it progressed they would frequently approach the project manager to alert him to non-legal issues that were about to arise.

The manager could have resented their ‘interference’ in areas outside the law, but he found their insights to be invaluable. As the project progressed, they gained increasing credibility.

The other common feature in these projects was that the external lawyers worked closely with the in-house lawyers. Both groups benefited from working together to contribute to the outcomes, rather than competing against one another.

Proximity advisers thrive on helping guide complex projects. Contact us on enquiries@proximity.com or call 1800 959 885.

18

celebrating diversity

SUPPORTING AN INCLUSIVE AUSTRALIA ‘We commit to play our part in creating a more inclusive nation, recognising that inclusion is where every person in the community is valued, heard, respected, empowered, and feels a true sense of belonging.’

Andrea Pearman, the CEO of Inclusive Australia encouraged more businesses to join the IA alliance.

‘We seek to get all Australians to greater appreciate the difference in others—those differences include gender, age, sexuality, ability, culture, religion. These are all the ingredients that make us different,’ Andrea said.

Proximity was thrilled to host the official national launch of Inclusive Australia (IA), an ambitious social change program with a goal of engaging workplaces and millions of Australians to improve how we view and appreciate the difference in others.

Proximity takes great pride in being the first pro bono partner in the nation to sign on with Inclusive Australia—as the official Legal and Governance Partner.

‘Proximity strongly believes that cultivating inclusion and equality isn’t just the right thing to do, but also the smart thing,’ said Proximity Director, James Dunn.

‘It’s the very fact that we are all so different that makes life so interesting. But no matter how different we appear, in our hearts, we all want the same things. To be happy. To be healthy. To be loved.

To be respected. To belong.

‘This should resonate strongly with Australians. The values of fairness and respect are entrenched in our society and are fundamental in what it is to be Australian.’

At the IA launch, attendees were encouraged to diversify their social media feeds by following _somebodydifferent, Australia’s most diverse Instagram account, providing an insight into a different Australian’s life every day.

To find out more about IA and to join the alliance visit https://www.inclusiveaustralia.com.au THE PULSE EDITION FIVE

19

giving back

TARA TACKLES THAILAND FOR CHARITY

‘There was laughter, tears, disappointments and many achievements for me along the ride, and many life lessons I’m proud to take away.’

After months of training and preparation, in January, while most of us were taking a break from work, Proximity Principal Advisor, Tara Munro-Mobbs, cycled 800km across northern Thailand, and with her team, raised $25,000 for Australian charity, Hands Across the Water.

Known as ‘Ride to Provide’ the epic eight-day trip followed the Mekong River, far away from the tourist hot spots, to help provide food,

education, healthcare and a loving home for Thai children in need.

‘For me the ride was a very emotional and moving experience which I consider a big part of my life journey,’ Tara said.

‘We interacted daily with the Thai people who were very generous, friendly and helpful and extremely interested in why we were riding for a cause so close to their hearts.

‘I loved sharing experiences of the journey with the other riders and the team from Home Hug Orphanage.

On our travels we dodged water buffalo, trucks, tuk-tuks and dogs, weaving in between market shops displaying very different food to what we find in Australia, including insects of all descriptions.’

Tara made many new friends on the ride and she has a new hero, Mae THE PULSE EDITION FIVE

Thiew, a female Buddhist Monk who founded and has run the Baan Home Hug Orphanage in Yasothon since 1987.

‘Every day she practices her faith, operates a wonderful orphanage, is always positive and dedicated to her ideals while helping inspire this incredible group of Thai children to grow into adults,’ Tara said.

Proximity was pleased to be able to support Tara in her amazing fundraising project, and Tara thanks everyone who supported her ride.

Since 2005, Hands Across the Water has raised $25 million to support children and it currently has 350 children in its care.

For more information visit www. handsacrossthewater.org.au

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health and wellbeing

2020 PROXIMITY COMMUNITY TRIATHLON Our team was out in full force for the 2020 Proximity Canberra Triathlon Festival and while the lake closure meant no swim leg, there was still a great spirit as teams and individuals tackled the 1km run, 10km cycle and 2km run legs.

It was great to see people of all ages and levels of fitness taking part, and a special mention to the Cerebral Palsy Alliance who entered many teams and showed how much fun you can have just by having a go. Thanks to everyone who took advantage of the free entry this year to compete in Canberra’s most achievable triathlon.

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community

Proximity supports the bushfire crisis appeal Like all Australians, Proximity management and staff express their condolences to those impacted by the terrible bushfires of this summer.

In support of those members of the community most affected by the crisis, at a special function to start the new year, Proximity management matched staff donations dollar for dollar to raise money for the ongoing Red Cross and NSW Rural Fire Service bushfire fundraising appeals.

‘While Canberra was spared the worst of the summer fires, I think everyone knows someone who has been affected. Proximity is keen to do our bit to support those in greatest need and to help them rebuild their lives,’ said Director James Dunn.

PROXIMITY

TRIVIA CORNER At Proximity we love our trivia; hey who doesn’t?

Thanks to one of our staff trivia gurus, Ingrid Bremers, we have created our first ever trivia quiz.

Once you’ve tested your specialist knowledge turn to page 22 for the answers – and no cheating!!

THE ACTS INTERPRETATION ACT QUIZ How well do you know the Acts Interpretation Act 1901? It might have been a while since you dusted it off, but see if you can get all 10 of these questions correct: 1. ‘Commonwealth’, when used in the geographical sense, includes which three island territories?

2. Does the definition of ‘document’ include photographs?

3. ‘Internal Territory’ means the ACT, Northern Territory and which other territory?

4. What is the difference between ‘Minister’ and ‘Minister of State’?

5. What is the current dollar value of a penalty unit?

6. Can an example given in an Act extend the operation of the provision?

7. True or False: If an Act requires a person to furnish a periodic report to a Minister but does not specify a period, that person shall furnish the report to the Minister within three months of the end of that particular period.

New stadium signage

8. If a period of time is expressed to occur between two days, does it include both days?

The Proximity team loves being a part of the Canberra community and for the next two years we will have a presence at all Canberra Raiders and Brumbies home games with this impressive new signage at the GIO Stadium. We wish both teams a successful 2020 season.

9. If a period of time is expressed to continue until a specified day, does it include that day?

10. How do you refer to an Act passed by the Parliament of the United Kingdom?

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celebrating success

Proximity end of year celebration Proximity staff and their families celebrated the end of another busy and successful year with games, drinks and a sumptuous dinner at the beautiful National Botanical Gardens in Canberra. The smiling faces really say it all!

Trivia Quiz Answers 1. Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see definition in section 2B) 2. Yes (see definition in section 2B) 3. Jervis Bay Territory (see definition in section 2B) 4. Trick question! There isn’t one (see definition in section 2B) 5. $220 (see section 14AA of the Crimes Act 1914) 6. Yes (see section 15AD(b)) 7. False. It is “as soon as practicable after the end of the particular period to which the report relates and, in any event, within 6 months after the end of that particular period” (see section 34C(2)) 8. Yes (see section 36(1)) 9. Yes (see section 36(1)) 10. An “Imperial Act” (see section 38(2))

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community

CORPORATE SOCIAL RESPONSIBILITY: BROADENING OUR HORIZONS Proximity now supports three community partner organisations – Menslink, The Farm at Galong and Inclusive Australia – and our staff provided a firm-record average of 56 hours of pro bono legal assistance per FTE lawyer to the community over the 2018-19 financial year.

BY DECLAN NORRIE MANAGER CSR AND PRO BONO

The inaugural year of Proximity’s formal Corporate Social Responsibility Program in 2019 was a great success.

Following this strong start, we undertook to understand how we could maintain the quality assistance we provide to the community while further improving the impact of our work.

We identified the two areas of improvement that will generate the greatest impact are through broader staff engagement and harnessing the breadth of the skillsets across all our legal, commercial and governance service lines.

Pro bono assistance is traditionally tied to lawyers, and mandated targets drive business behaviour.

Proximity wants to change that, and the strengths we have as a leading legal and commercial advisory business for our fee-paying clients, allow us to adopt a new model in supporting worthy community organisations.

We have empowered our legal, commercial and governance advisors, as well as our business services team to provide in-

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kind services to our community partners, while maintaining our commitment to the Australian Pro Bono Centre’s aspirational target of 35 hours of pro bono assistance per FTE lawyer. We are now committing to at least 10 hours of in-kind assistance per year from all non-legal advisors and our business services team.

The inclusion of our business services team in our CSR model is an exciting prospect. The skills that this team possesses are vital to our community partners, be it our industry-leading tendering team imparting grant-writing advice, our office management team imparting knowledge of how to keep premises and operations ‘well-oiled’, our finance manager demonstrating how to control checks and balances in a scalable way, or our executive management team guiding business strategy and workforce management advice, everything contributes to a better outcome and improved service delivery for the community organisations we support.

I’m proud to be playing my part in delivering Proximity’s growing CSR program and also pleased to see our important work in the community is now considered as a core and inseparable component of our overall service and product offering.

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