Proximity: The Pulse | Edition Six

EDITION SIX

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.

proximity.com.au enquiries@proximity.com.au 1800 959 885

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A message from our Director James Dunn We are of course hoping for a win but just to be named as a finalist is a tremendous achievement.

The behaviours that recently came to light in the High Court regarding sexual harassment have been widely condemned and are totally unacceptable. As an employer, we understand the immense responsibility and role Proximity needs to play in eliminating workplace harassment and we take this responsibility seriously.

As we begin a new financial year, I know everyone is hoping 2020-21 will be much more business-as-usual than the disruptive period of the past 12 months.

Like most businesses, Proximity has been adapting to new work practices under the strict and very necessary social distancing rules.

Thankfully, Proximity has been able to retain all of its staff and, in fact, we are actively recruiting right now. We are also happy to be able to share some good news with Proximity being shortlisted as a finalist in the most prestigious ‘Law Firm of the Year’ category in the 2020 Lawyers Weekly Australian Law Awards. In the same Awards, we are also thrilled to be shortlisted as a finalist for Employer of Choice, NewLaw Firm of the Year, Government Team of the Year, Pro Bono Program of the Year and our team member Declan Norrie has been shortlisted as a finalist for the Rising Star of the Year Award.

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In this edition, we focus on how businesses have adjusted and responded to the challenges of the ‘new normal’ during the pandemic, including the increased use of e-signatures with so many people working from home.

There are informative articles on contract management, ethics, and even during tough times, why corporate social responsibility is good for business.

While working from home, the Proximity team again demonstrated its big heart by staging a ‘hair raising’ charity event, raising more than $7,000 for Canberra’s Domestic Violence Crisis Service.

We trust you’ll find plenty of interest in this latest edition of The Pulse, and for anyone looking for an exciting new challenge, the new positions we are recruiting for can be found on our website.

James Dunn Director, Proximity

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commercial hub

CONTRACT MANAGEMENT: MANAGING EXPECTATIONS Proximity Principal Advisor, David Mahony, recently undertook an assignment with the Land Systems Division in the Department of Defence, Capability Acquisition and Sustainment Group (CASG), to support the roll-out of CASG’s contract management framework.

BY DAVID MAHONY PRINCIPAL ADVISOR

Contract management is the process of managing contractual relationships throughout the entire lifecycle, from initial contract set-up in the procurement phase through to delivery and close-out.

‘So far as senior contract management executives are concerned, they must have ready access to complete, accurate and up-to-date information in order to inform their decision-making,’ David said.

Good contract management supports an enterprise by: › ensuring that value for money, or benefits realisation, is achieved over the term of the contract; › maintaining visibility and oversight of the legally enforceable commitments, and keeping them accurately updated; › maintaining a strong audit trail through correct record keeping and data management; › ensuring that schedules are adhered to and contract deliverables are made, and paid for, on time; and › identifying and managing potential liabilities, risks and claims.

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Contract management is much more than an administrative activity, and is increasingly a part of strategic business management. It essentially manages the relationship between the contract parties.

Done effectively, it helps to deliver performance outcomes, protects contract margins and avoids revenue leakage.

Peter DeGraaff, a Proximity Special Advisor, who has contract development, negotiation and management experience in the sensitive government health sector, in whole of ACT Government and in ICT contracts, believes ‘effective contract management depends on the nominated contract manager being involved in the complete endto-end process from procurement process and contract negotiations through implementation; and, on having a sound Contract Management Plan developed during negotiations which is managed proactively throughout the term of the contract.’

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HIGH LEVEL CHECKLIST

In the contract close-out phase, effective contract management ensures all parties can promptly transact the final stages, so the contract can be efficiently concluded, or extended and renewed if those options are available.

Contract management encompasses a range of skills.

For example, on large complex projects, contract managers work closely with engineers and project managers to ensure that the commercial and technical aspects of the contract are managed on a consistent basis.

American management consultant, Peter Drucker, says ‘what gets measured, gets managed’.

‘The amount of attention a client pays to define the expectations and manage the contracts resembles the amount of attention the supplier will invest in return.’

To help you plan and manage contracts, here is our basic checklist of key considerations. For an in-depth plan and help with ‘right sizing’ contract management for your contract portfolio, get in touch.

Contract summary: › contract name and identification › contractor details › contract objectives, scope, key deliverables, due dates › contract commencement, term and extension options, review dates, estimated value › pricing and payment structure Key personnel and stakeholders, roles and responsibilities Responsibilities and accountabilities matrix Contract management tools – registers, logs, plans Contract risk management and risk value classification Performance management and reporting requirements Key performance indicators › targets › monitoring › reporting requirements Key dates and schedule (including meetings, reviews and reports) Process for agreeing and managing contract variation Contract remedies Dispute resolution Final performance review Lessons learnt Contract close-out

Need help with contract management?

Contact enquiries@proximity.com.au or 1800 959 885 THE PULSE EDITION SIX

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governance hub

THE RISE OF E-SIGNATURES

SARAH COLMAN SPECIAL ADVISOR

With an increasing number of people working from home, the use of electronic signatures is becoming a necessity.

However, before signing documents electronically, it is important to understand the rules and complexities relating to this practice to ensure the risks are appropriately mitigated. In response to COVID-19, the Federal, NSW, Victorian, Queensland, Tasmanian, ACT and South Australian governments have enacted emergency legislation allowing for regulations which temporarily modify the use of electronic signatures and witness requirements for the execution of certain documents.

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What is an electronic signature?

Practical Tips

An electronic signature is the electronic mark the person uses as their unique identifier. An electronic signature ranges from the typed name of the signatory, to a scanned image of the signatory’s ‘wet signature’ or authenticated signature (such as those generated by electronic signing software).

When executing a contract electronically, we recommend the following tips to help manage the risk:

When can electronic signatures be used?

In Australia, electronic signatures are generally acceptable as a valid way of executing contracts, provided the legal requirements for a valid and enforceable contract are met.

Additionally, there are specific requirements for the use of electronic signatures outlined in the Electronic Transactions Act 1999 (Cth) (ETA). The ETA provides the following criteria which must be met for an electronic execution to be valid: › Identifiable – the method of signing must identify the signatory and that person must indicate they intend to be bound by the terms. › Reliable – having regard to all the circumstances of the transaction, the method of signing must be as reliable as appropriate for the purpose for which the electronic document was generated. › Consent – there must be consent by both parties to execute electronically.

The use of electronic signatures for deed and under section 127 of the Corporations Act 2001 (Cth) (Corporations Act) has been unclear in Australia.

The Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 (Determination) however, has provided certainty around electronic execution under section 127 of the Corporations Act. The Determination explicitly allows for electronic execution under s127 (provided criteria in the ETA are met) and execution by counterparts. Arguably, the Determination also permits electronic execution of deeds under section 127 of the Corporations Act 2001 (Cth).

1. Include wording in the contract stating the parties intend to be bound by their electronic signatures and electronic versions of the contract.

2. If executing under s126 of the Corporations Act (authorised representative) obtain evidence from the countersigning party that the signatory has authority to bind the company (e.g. replaceable rules or a board resolution).

3. To help meet the identity and reliability requirements of the ETA, obtain written confirmation from the signatory that they placed their signature on the contract (or they authorised the use of their electronic signature) and intend to be bound by the terms. This will serve as a record of the signatory having personally authenticated their electronic signature on the contract.

4. Where possible, use electronic signature software (for example, Docusign or AdobeSign) as these create auditable and timestamped evidentiary trails.

To help avoid unauthorised or fraudulent use of electronic signatures, it is important that organisations have clear policies around the requirements for the use of electronic signatures, which documents electronic signatures can be used for, and how authorisation is obtained from a signatory if required.

Enjoyed this article? Explore Sarah’s full Insights article at proximity.com.au or contact enquiries@proximity.com.au to be sent a copy

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legal hub

HYPO-ETHICAL: (WORST. DAY. EVER.) ‘Hypo-Ethical (Worst. Day. Ever.)’ was a panel-style presentation which took attendees at Proximity’s inaugural Government In-House Counsel Day on an ethical ride, as our panellists responded to some very challenging (yet strangely familiar) predicaments. The panel worked through examples and real-life scenarios of how lawyers could keep their integrity - and their practicing certificates – without losing their jobs.

SCENARIOS INCLUDED:

BY CAITLIN MORGAN ADVISOR

We all know how to handle ethical dilemmas in theory.

But in practice they are rarely so straightforward, especially for in-house lawyers.

› an aspiring General Counsel being challenged by the Secretary of the hypothetical Department of Administrative Affairs, who wanted them to change their ‘extremely inconvenient’ legal advice; › a probationer navigating a tricky situation with a Deputy Secretary who had asked them to witness a document that had already been signed; and › a consultant finding a big fat A4 envelope marked ‘from a friend’ which contained a copy of the other side’s file, including Counsel’s advice, in relation to a highly contentious matter in which the consultant was advising the Department before the Federal Court.

THE KEY TAKEAWAYS FROM THE HYPO-ETHICAL WERE: › don’t change the advice but make suggestions about risk, second counselling or changing the legislation; › don’t witness a document without actually witnessing it; and › stop reading that file as soon as you realise what it is and consider whether another lawyer should take the matter on. After all, even though it may not feel like it at the time - it is better to lose the job than your reputation and potentially your career!

The Hypo-Ethical was the perfect conclusion for Proximity’s first In-House Counsel Day. Not only did the attendees express how impressed they were with this creative way of presenting an ethics CPD, the stories shared during canapes and drinks which followed yielded enough anecdotes for a whole new session!

Interested in Proximity events & training? Contact enquiries@proximity.com.au THE PULSE EDITION SIX

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procurement

HOW DO YOU MEASURE ECONOMIC BENEFIT TO THE AUSTRALIAN ECONOMY? Australian Industry Participation › Building Australian industry participation in the supply chain › Enabling Australian industry opportunities in local and global supply chains

BY ANDREW GIBSON SENIOR ADVISOR

One of the most significant changes in Commonwealth procurement policies over recent years has been the requirement to consider the economic benefit of the procurement to the Australian economy. The Commonwealth Procurement Rules mandate that economic benefit be considered for procurements above $4 million, however it can be useful to consider it regardless of the value.

How do you measure economic benefit to the Australian economy?

There are several methods that include:

› Knowledge sharing amongst Australian businesses › Providing positive opportunities for an Australian business for international competitiveness › Purchasing from Indigenous businesses

Social Outcomes › Providing traineeships and apprenticeships in occupations where there is a shortage of skills › Providing employment opportunities for Australians that may otherwise be under or unemployed › Ensuring Indigenous workforce participation › Purchasing goods and services from businesses that employ persons with a disability

› Ensuring Small to Medium Enterprises (SMEs) are embedded in the supply chain

› Contractors provide positive social outcomes for communities

Technology Development

Competitive Pricing

› The development of technology that may provide benefit to the wider Australian community › Transferring developed technology to Australian businesses › Australian led research, development, and investment Infrastructure › Building, leasing, or purchasing infrastructure that provides benefit to Australian communities

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› Ability to procure more items from Australian businesses › Increase competitive ability of Australian businesses › Contracting businesses that pay taxes in Australia Environmental Sustainability › Environmental benefit to Australia › Supply chains that have low environmental impact and are energy efficient

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flexibility

ADAPTING TO A ‘NEW NORMAL’ POST PANDEMIC

BY MELISSA CRAMPTON SENIOR MANAGER – PEOPLE

One of the most significant impacts of the COVID-19 pandemic has been the pressure on organisations to quickly adapt and change the way they work.

Fortunately, Proximity’s agile workforce and adaptable technology has meant the transition out of the office and into a remote working environment was able to be done promptly, with care and effective communication.

Our business continuity planning ensured we were able to continue providing high quality support to our clients, while protecting the health of our staff, clients, service partners and other members of the community, with relative ease.

During the transition to working from home, once the safe working environment checks were completed and good working chairs and fire extinguishers purchased, the Proximity team was quick to enable creative solutions.

Wanting to remain well-connected, feeling supported, and having genuine care for others, the team initiated several new activities to create avenues of connection during isolation.

An all-staff chat page allowed everyone - at their own pace and time - to share their thoughts, families and pets, workspaces, and work-break activities: a quick baking session; gym workout;

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home-schooling disasters and tips; or coffee in the sun – simple, yet important things that made a difference as we all came to terms (in our own way) with this new normal.

Our all-staff monthly meetings went virtual and set new attendance records in the process. What quickly became apparent was the gratitude everyone had: for each other; the work we do; the steps we were taking to communicate often and with meaning; and our clients’ understanding of the challenges we were all facing.

We were fortunate to be able to quickly collate Wellbeing Guides that included the need to set routines, how to connect with teams, tips for health and exercise when working from home, and the need to avoid ‘work bleed’ by having a set shut down routine in the evening. This was supported by ergonomics tips, a virtual buddy program, an increase in office equipment being loaned to employees to use at home, checkins and support from our Career and Wellbeing Managers, and the introduction of Executive Hour to ask any questions staff have of the leadership team.

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As we have transitioned through the easing of restrictions back to the workplace, our COVID-19 Response Leadership Team (RLT) has asked the Proximity workforce for their input on how they would like to work during the transition phase, and beyond. The RLT has considered our staff’s preferred working styles, the reality of achieving these in the current climate, and the value of small sacrifices to achieve the best outcome for all.

Fortunately, our flexible workplace policies are accommodating of these changes, yet we are reviewing for clarity and will support staff by providing some important guiding principles on the way to work together safely as we move forward.

At Proximity we appreciate each person is different, each client requires different things, and we appreciate the value of being an agile workforce of innovative, genuine and helpful people.

Need a copy of our working from home resources and wellbeing guides?

Contact enquiries@proximity.com.au

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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. We sit down with Principal Advisor, Tara MunroMobbs one of the longest standing members of our team.

Tell us how you came to join the Proximity team?

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

I was approached by Sean and James after they first set up the company in 2012. Both lawyers had commercial law backgrounds and were looking for employees with administrative law backgrounds.

I was delighted to join Proximity as their first employee.

When I first started working in law in the 1990’s, I worked with an amazing person in a stressful work environment. I simply watched and absorbed how he worked and learnt that way. Rather than giving legal advice immediately, his skill was listening to people. I have met people since in my career who are excellent listeners. I have heeded this lesson and found if you do not listen to someone, you cannot provide them with a bespoke and balanced legal, commercial or governance solution – or, on the odd occasion, even personal advice.

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training and development

What is your proudest moment in a professional context?

There have been a few points in my life where I thought I would not come back to work – after a very serious accident and after birthing my children. But getting through these tough times and returning to work in the law has always been amongst my proudest career moments.

What advice do you give to someone starting out in a career?

Take your time with your career.

It doesn’t happen all at once and you have a lifetime ahead of you.

What keeps you awake at night?

My dog. She is forever trying to get on my bed and close to me, or chasing possums late at night.

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

Adapting to big changes in government contracting Proximity recently presented its first webinar to clients and colleagues.

Hosted by Director, James Dunn, and presented by Special Advisor, Sarah Colman, the webinar covered the apt topic of ‘How the Changing Environment is Impacting Government Contracts’.

With a great turnout of clients from government agencies, as well as participation from industry, the webinar provided practical tips and thoughts on how to manage procurement processes and existing contracts during COVID-19.

The webinar covered a variety of topics relating to the changed environment Australia faced during the coronavirus lockdown. This included: › risks and issues to consider for procurement processes during COVID-19 including the possible use of urgency rules under the Commonwealth Procurement Rules;

Working on a long-term project which I can see through to the end with a great client.

› strategies to manage existing contracts if suppliers had been impacted by COVID-19 and struggling to perform, including approach to commercial discussions and potential legal rights such as force majeure and frustration;

Away from work, what is your passion?

› important management approaches for existing suppliers, including relationship management and risk management;

Reading, cycling and yoga. Exercise helps get me through stressful situations and reading and yoga help me relax. Earlier this year, I completed an 800km bike ride across Thailand and raised $25,000 for Hands Across the Water, an Australian charity.

› use of electronic signatures to execute documents in the COVID-19 environment, and the application of new legislation and instruments which provided clarity around the use of electronic signatures during the pandemic; and › considerations for cyber security during COVID-19 including contractual mitigation strategies for possible cyber-attacks.

The webinar was recorded, so if you’re interested in learning more on these issues, contact beth.gooch@proximity. com.au to obtain the recording and supporting slides.

Interested in Proximity’s future webinars?

Contact enquiries@proximity.com.au THE PULSE EDITION SIX

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supporting our community

PANDEMIC DOESN’T STOP HAIR-RAISING FUNDRAISER Although the world may be self-isolating and social distancing, Proximity’s recent virtual fundraising event ‘Hair Change for Loose Change’ for the Domestic Violence Crisis Service (DVCS), proves that it is still possible to come together for good.

In April, the Proximity team tuned in remotely, as a number of brave (and creative) staff and family members volunteered to shave, change, or colour their hair for DVCS. In addition to witnessing the hair transformations, Proximity also hosted a virtual scavenger hunt which saw whole families involved in finding household items for prizes, and a talent auction to leverage the unique talents of staff, resulting in over $1,300 being raised for a ramen cooking lesson, PT sessions, baked goods and specially-curated book bundles.

The virtual fundraising event was a huge success on many fronts, in keeping the Proximity team connected with each other during COVID-19 working from home arrangements while raising $7,098 for DVCS, easily surpassing the original fundraiser target of $2,000.

Interested in Proximity’s CSR efforts?

Contact enquiries@proximity.com.au for more details

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procurement

ACT LAW SOCIETY PRO BONO REVIEW Proximity recently reviewed the ACT Law Society’s pro bono programs to ascertain whether their services and programs are running efficiently and effectively.

The ACT Law Society runs two pro bono legal assistance programs; the Legal Advice Bureau (LAB) and the Pro Bono Clearing House (PBCH).

BY RADHIKA BHATIA ADVISOR

The value of pro bono work, to provide benefit to the community that might otherwise not be available, cannot be underestimated.

The LAB offers 15-minute legal consultations with individuals who require assistance identifying legal problems and where appropriate, providing legal advice.

The PBCH connects members of the public and not-for-profit organisations which are otherwise unable to access legal advice or representation with a law firm or Community Legal Centre (CLC), to provide them with the help they need.

Both programs aim to provide support to those who are unable to secure legal assistance themselves, or access to the pro bono services provided by Legal Aid. When both programs operate effectively, the services provided contribute to the comprehensive provision of pro bono services in the ACT and enable greater access to justice.

Earlier this year, Proximity was asked to review the Society’s pro bono programs and ascertain whether

their services are running efficiently and effectively with respect to their strategic objectives. We also considered the potential of a pilot mediation scheme developed by the Law Society in 2019.

The project began with a period of discovery through a review of relevant background documents, reports and previous reviews. Proximity also consulted a range of stakeholders across the legal assistance sector and the Society through faceto-face and remote interviews, online surveys, and a request for comments within Hearsay.

The project was to end with a threehour workshop with key Law Society staff and Committee members to define the objectives of both programs and test the assumptions that led to the development of the current model. Instead, due to COVID-19 restrictions, Proximity used input from various stakeholders collected through a discussion paper to finalise its recommendations for changes to the Society’s pro bono program.

Proximity hopes to continue working with the ACT Law Society to assist in implementing the recommendations into a future pro bono model.

Need program review support? Contact enquiries@proximity.com.au

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awards success

PROXIMITY ANNOUNCED FINALIST FOR LAW FIRM OF THE YEAR Plus shortlisted as a finalist in five other categories for the Lawyers Weekly Australian Law Awards 2020

For the first time, Proximity has been selected as a finalist in six categories at the prestigious Lawyers Weekly Australian Law Awards 2020.

We are delighted to announce that we have been successfully shortlisted across all firm categories entered and one individual award category, including; › Law Firm of the Year › Employer of Choice › NewLaw Firm of the Year › Pro Bono Program of the Year › Government Team of the Year › Rising Star of the Year – Declan Norrie To be shortlisted as a finalist for six awards, including the most coveted award, Law Firm of the Year, is wonderful recognition that we can achieve excellence without following the usual path. “Law Firm of the Year is the most coveted award in our nation’s most prestigious law awards and to be shortlisted together with nine other leading law firms is testament to the commitment and work ethic of the Proximity team and the success of our business model,” said Director, Sean King. “The award takes into consideration outstanding performance, achieving positive outcomes for clients and staff, as well as overall contribution to the advancement of the legal profession, and support of our community via our CSR initiatives.”

We are keeping our fingers crossed for when the virtual Australian Law Awards are announced on Friday 7 August 2020. We can’t wait to celebrate with our team at this virtual event and share in our success together.

To view our dedicated Finalist profile page for all of the above awards, please click visit: lawyersweekly.com.au/australian-law-awards/ winners/2020-finalists

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student prizes

PROXIMITY’S INAUGURAL UNIVERSITY PRIZES Proximity is pleased to announce the winners of our first student prizes for final year graduates at the Australian National University (ANU) and University of Canberra (UC).

Congratulations to students, Aislinn Grimsley and Hannah Miller.

Aislinn receives the inaugural Proximity Prize for Information Law at the ANU while Hannah was awarded the Proximity Prize for Law, Innovation and Technologies at UC. Both students have received a $500 award, sponsored by Proximity to help them continue their educational and career pursuits.

‘Proximity is proud to support people at all stages of the legal profession, and we are particularly passionate about investing and supporting future talent through sponsorship of academic awards, graduate programs or mentoring opportunities,’ said Paula Gonzalez, Group Manager, Client Engagement.

GET TO KNOW AWARD WINNER AISLINN GRIMLEY Originally from Queensland, Aislinn relocated to the nation’s capital four years ago to begin a Law/Arts degree at the ANU. She has been equally overwhelmed and impressed with the opportunities that arise from studying law.

Aislinn has an interest in administrative law and government accountability and to engage in these further, she chose Information Law as an elective course. During this elective, she wrote a research paper on transparency and data standards in government contracting which has not only benefited Aislinn’s role at CSIRO as a Policy Officer, it was instrumental in her being awarded the Proximity Prize for Information Law. ‘I am both surprised and honoured to have received this award and I’m incredibly grateful to Proximity for sponsoring the prize,’ Aislinn stated.

GET TO KNOW AWARD WINNER HANNAH MILLER Hannah began her interest in Law, Information and Technology while studying a Bachelor of Commerce. She saw that this was full of fun ideas and encouraged critical thinking; giving her the confidence to back herself and her opinions.

Hannah is thrilled to have won the Proximity Student Prize in Law, Innovation and Technology, ending her last semester with a bang!

This award has encouraged Hannah to embark on a law degree in 2021.

Hannah has completed several higher education courses and internships including attending the Western Australian Academy of Performing Arts for theatre management and production, and working at the Walt Disney Company, in the USA, in theme park operations and attractions. Hannah cannot wait to have a career full of innovation in the future.

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proximity growth

STRENGTHENING OUR BUSINESS SERVICES TEAM Taking care of business Proximity recently undertook a major recruitment drive to grow and strengthen our Business Services Team, with the strategy to increase staff resources by hiring technical and experienced experts across multiple internal Proximity departments, including client engagement, operations, people and community.

The objective was to ensure we have the systems and processes in place to support effective and efficient business services and client services.

Meet the new and improved Business Services Team: Sean King Director Clients

Paula Gonzalez Group Manager Client Engagement

Beth Gooch Group Manager Communications & Marketing

Karina Holbrook Senior Manager Client Engagement

Jeremy Lasek Senior Consultant Communications & Marketing

Jordan Franklin Manager Client Engagement

Zoe Lynam Executive Manager Operations

James Dunn Director People

Daniel Cox Group Manager Technology

Melissa Crampton Group Manager People

Melissa Black Senior Manager Finance

Ali Dunn Manager Operations Support

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Yvette Amaral Manager Executive & Operations Support

Declan Norrie Manager Community

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community building

PROXIMITY

Our commitment to reconciliation

TRIVIA CORNER Test your public service knowledge in our public sector themed quiz!

Once you’ve tested your specialist knowledge turn to page 27 for the answers—and no cheating!!

1. In what year was the Australian Public Service established?

2. When did women working in the public service no longer have to resign when they married?

Proximity hosted a series of events and activities to mark National Reconciliation Week from 27 May to 3 June. We commenced National Reconciliation Week with a virtual Acknowledgement of Country undertaken by staff in our locations, including Canberra, Sydney, the South Coast of NSW, Adelaide, and Melbourne.

Over the course of the week we shared our draft landmark Reflect Reconciliation Action Plan (RAP) internally, providing an opportunity for our team to review and provide feedback at our RAP Virtual Roundtable, hosted via Microsoft Teams.

We look forward to progressing our RAP to the United Ngunnawal Elders Council and then to Reconciliation Australian for endorsement in the coming months.

Our weekly online trivia was themed around Reconciliation Week and Aboriginal and Torres Strait Islander traditional and contemporary history and culture.

Proximity is committed to making a positive contribution and playing a leadership role as Australia works towards true reconciliation.

3. In what year was the Commonwealth Ombudsman established to consider complaints against departments and agencies?

4. When was legislation introduced to extend the right of the community to access information in the possession of the Commonwealth Government?

5. When were fixed term appointments introduced for departmental secretaries?

6. When did Cabinet introduce measures to enforce equal representation of women on public boards and committees?

7. When was the first accrual Federal Budget delivered, where agencies are funded for an agreed price for outputs?

8. When was www.australia.gov.au launched as a single entry point for all government information and services?

9. When was the Australian Public Service Medal established to recognise employees for outstanding public service?

10. When did the government and unions agree to a service-wide enterprise agreement for the first time?

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community building

WHY CORPORATE SOCIAL RESPONSIBILITY IS GOOD FOR BUSINESS

BY DECLAN NORRIE MANAGER CSR AND PRO BONO

Organisations are increasing their focus on corporate social responsibility (CSR) and showing their commitment to the communities in which they operate.

They are doing this through donations to organisations in the community sector, staff volunteering, environmentally-conscious office planning and supply chain choices, and more.

Through this process, businesses positively contribute to their communities while also benefiting from their involvement.

In this article we explore why we believe CSR is good for business and share our lessons learnt in building and delivering an effective CSR program.

ENCOURAGE EMPLOYEE ENGAGEMENT The way an organisation treats the community and its perception among staff and prospective employees is important. Getting your staff involved in CSR is likely to improve their sense of purpose in the workplace, which is vital to ensure you attract and retain the right people.

Provide your team with opportunities to volunteer and be a part of your CSR program. This can be achieved through pro-bono work, corporate volunteering or allowing your staff to assist in the running or organising of fundraising events.

LEVERAGE AS A RECRUITMENT TOOL In today’s market, a strong and marketable CSR program is also a powerful and persuasive recruitment tool. The business community has seen this with our recruitment and retention of Millennials and Gen-Zs. More than ever, potential employees are discerning about which companies they work for and they are seeking to join organisations that not only have a CSR strategy, but are also active and involved in the CSR space. Employees are looking for organisationsupported community time, impactful initiatives,

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and transparency and genuineness with respect to the community (i.e. measuring impacts and publicly reporting them and avoiding ‘greenwashing’).

We strongly recommend leveraging your CSR efforts across your recruitment channels, whether that be uploading case studies to your website’s recruitment page, including CSR in recruitment brochures, or developing CSR videos to promote on social media.

Be sure you use your commitment to CSR as a unique selling point to stand out from the crowd.

BE PROACTIVE CSR initiatives do not materialise out of thin air, and they have real, tangible costs to your organisation.

By starting with this view, organisations are empowered to reflect on their strengths and weaknesses to identify how positive impacts can be maximised by those strengths, and negative impacts are minimised by those weaknesses.

Your organisation has its strengths because you operate a commercially viable business. Maximise your community impacts by harnessing those strengths.

The result will be low cost, high quality, and easily administered CSR initiatives.

GEOGRAPHY MATTERS 2020 has seen a paradigm shift in how we operate as a community. With fires, hailstorms and pandemics, we are leaning into our community more than ever.

We are seeing a hyper-local trend emerge, whereby people are shopping, eating, holidaying, and investing their savings in their immediate surrounds.

The positive impacts of hyper-local CSR initiatives include increased brand profile while minimising marketing investment, heightened employee engagement, increased referral avenues to your organisation, and recognition by the community as being genuine and having a vested interest in the community’s effective functioning.

The key is to focus on your strengths and keep your efforts local and targeted. By using your own assets strengths, your CSR efforts will be low cost and easier for your team to implement. By keeping your focus local, you are increasing your brand profile in the community, with maximum potential for ROI in relation to obtaining new clients and attracting recruits.

ALIGN WITH YOUR BUSINESS STRATEGY CSR programs should align with your overall business strategy and include strategic objectives that are measurable. Identify the strategic objectives your CSR initiatives can contribute to, measure their impact, and assess whether further investment in your CSR program can contribute to furthering your strategic goals in a new way.

This is not to say that CSR and strategic goals need to be identical, or that CSR should inhibit business growth. It is about making informed business decisions that will result in positive outcomes at all levels. At the end of the day, the goal of a good CSR strategy is for both the organisation and the community to benefit from it. Remember that a mutually beneficial program and partnership is the definitive measure of determining CSR success.

As originally published in The ACT Law Society, Law Week Edition of Ethos

Interested in Proximity’s CSR efforts?

Contact enquiries@proximity.com.au for more details

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values

PROXIMITY’S VALUES In the book, Stanford researchers and authors James (Jim) Collins and Jerry Porras ask: “What makes the truly exceptional companies different from the comparison companies and what were the common practices these enduringly great companies followed throughout their history?”

JORDAN FRANKLIN MANAGER, CLIENT ENGAGEMENT

Company values receive considerable attention in today’s business world, thanks in large part to the seminal book, Built to Last, published in 1994.

Fast forward to 2020 and the answer is very clear: sustained success and adherence to core company values go hand in hand.

Corporate leaders over time identified that organic growth of core company values was decisively integral to company success.

At Proximity, our core values Innovative, Genuine and Helpful serve a unique and honest purpose.

These values guide Proximity decisions large and small, drive positive behaviour, underpin our work ethic, and even indicate to our clients what type of advisor they can expect to work with.

We recently asked team members what each core Proximity value means to them. Here are some of the responses.

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INNOVATIVE APPROACH “Original, exciting, creative” “Agility in thought and action” “Valuing the ‘what if’ question as much as the correct answer” “Inquisitive, genuine listeners that inspire a team to share ideas” “To think outside the box – or turn the box into a spaceship” “Continuous improvement by bringing new ideas” “Looking ahead to identify trends and solutions rather than only focusing on the work of the day”

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GENUINE PEOPLE

HELPFUL OUTCOMES

“Integrity and honesty”

“Open and approachable”

“Consistently treating everyone equally”

“Actively seeking opportunities to lend a hand. Providing practical solutions based on team feedback”

“Making everyone feel valued and respected” “Consciousness in thought with matching action” “Being considerate of individual and organisational context” “Being prepared to be vulnerable and admit what you don’t know in order to learn from others”

“Enabling others to meet a challenge and actively supporting a team goal” “Being available to listen, share information and consider viewpoints of others” “Offering assistance is motivated primarily by wanting to help others” “Simplifying complex problems and turning them into opportunities” “Presenting someone with a practical solution to overcome a challenge”

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Proximity believes that its core values become even more significant in times of company growth. Therefore, as Proximity grows we continue to focus on our values, corporate identity, and the behaviour and personal values of our people. This was illustrated in a recent survey at our all staff meeting with 94% of staff stating that Proximity lives its values, 6% saying maybe, and not a single staff member disagreeing.

Even during a crisis like the current COVID-19 pandemic, we are guided by our core values in discovering new ways to approach challenges, maintain a professional work environment, and ensure a premium service is provided to our clients.

How does a company formulate core values that resonate within its workforce? Proximity co-founders Sean King and James Dunn believe our values Innovative, Genuine and Helpful simply represent the way Proximity and its advisors like to do business.

24

farewell

ENJOY RETIREMENT SIMON BLAKE

Proximity has sadly farewelled one of its senior executives, described by his staff as ‘the best boss in the world’ at his COVID-safe retirement farewell in early July.

Simon Blake, Executive Manager Client Engagement with Proximity, spent four years with the organisation after a distinguished career in the private and public sector, including many years in senior roles with the Australian Government Solicitor’s office.

Paying tribute to Simon for his contribution to Proximity, Director James Dunn said Simon would be missed for many reasons, including his all round skills, drive and enthusiasm.

After taking a ‘leap of faith’ in joining Proximity as a relatively small business in early 2016, Simon brought to the organisation many new ideas to help grow the business significantly.

Amongst Simon’s farewell gifts was a video tribute from staff. ‘Simon is funny and kind and really smart, and possibly the most decent person I know,’ said principal advisor, Sarah Byrne.

‘Simon’s impact on our growth, success and culture has been monumental,’ James said.

Simon was also presented with a t-shirt from his team branded #WWSD ‘What Would Simon Do?’ as they farewelled a great boss and problem solver.

‘It’s been his way working with people both inside and outside the organisation and solving problems with clients that are Simon’s greatest strengths.’

Director Sean King said he valued Simon’s integrity, trustworthiness and could always be relied on to get the job done on time.

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Simon is looking forward to plenty of travel and golf, spending more time with family and friends, and he isn’t ruling out a return to Proximity in a different role after his well-earned break.

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work balance

THINK PROGRESS OVER PERFECTION

Three reasons to pursue ‘progress’ rather than ‘perfection’

Has the new decade inspired you to set new goals or take on new challenges? If you have adjusted your goals, how’s your progress? If you are rolling along nicely, keep up your momentum! But if you’re stagnating or feeling paralysed by the weight of ambition or others’ expectations (or your perception of others’ expectations), then read on.

BY SU-ANN TAN BURKE SENIOR ADVISOR

Perfectionism can bog down progress. As a professional, it is important to work to high standards and do your best. I would argue that it doesn’t mean striving for illusory ‘perfection’. A better approach may be to focus on making tangible, measurable progress and in so doing, setting yourself meaningful and achievable goals.

Here’s why:

PROGRESS Achievable, measurable increments. If you mark out clear start and end points, you can show the ground you’ve covered. Progress can be tracked objectively, particularly with data.

Think of fitness success stories – ‘I gained 5 kilograms of muscle in 8 weeks’.

Gain momentum. A task can be so daunting that it’s uncomfortable to start. Try taking ‘baby steps’ to overcome inertia. We crawl before we walk and walk before we run. Incremental change may be slow initially, but increments add up, put ‘runs on the scoreboard’ and generate momentum.

Learn(s) from failure. Focusing on progress helps you see the value of setbacks. Is it failure if you have successfully made an unexpected discovery?

Mastery of a skill or task comes from repetition, experimentation, failure (small or large) and learning. Iterative progress with a learning mindset lets you ride out the peaks and troughs.

VS

PERFECTION Potentially impossible to achieve. What does ‘perfect’ mean? Perfect for who? Factors like context, time and values make ‘perfection’ highly subjective and variable between individuals.

Don’t chase moving goal posts, unless you want to be chasing them forever.

Perfection paralysis. Has perfectionism ever made you freeze, prevaricate or procrastinate for fear of failure? While it’s great to have lofty aspirations, don’t let your vision of a job well done get in the way of getting the job done. As the saying goes, perfect is the enemy of good.

Penalises failure. Perfectionism leaves little room for setbacks. There’s nothing you can do about a setback once it’s happened. Why beat yourself up about it? No one is perfect or able to control external factors so don’t hold yourself to an illusory and non-constructive standard.

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26

flexible work

WORKING FROM HOME, PROXIMITY STYLE: ADAPTING TO NEW WORK PRACTICES The Proximity team share our working from home experience, and how we’ve made working from home, work for everyone.

Pet Pals Sadly, for many weeks, we didn’t get to see our colleagues face-to-face whilst we all worked from home.

However, many of us were lucky enough to gain new workplace colleagues – our pets! While not always cooperative office mates, sometimes barking during meetings, demanding attention during office hours and not cleaning-up their lunch – many of us found solace in our four-legged friends.

Flexibility Simon Blake, Executive Manager highlighted a major benefit of being at home all day…

‘One of the great advantages of working from home is that when a tradie tries to give you a time that is so vague as to be meaningless in terms of planning your day (like ‘sometime between 8 and 1 or after 1.30’) you can just shrug your shoulders and say ‘fine – I’m here all day – turn up whenever you want’.’

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27

Home Comforts

Healthy Snacking

Routine is Key

Ditching the suit and tie for a more relaxed wardrobe was a welcome change for many of the team. We even enjoyed seeing our clients take a more relaxed approached to work attire, with two clients (to remain nameless) turning up to a Microsoft Teams meeting in their pyjamas!

Su-Ann Tan Burke, Senior Advisor, found that during the uncertain times she was able to set a new routine and gain control by preparing healthy meals. ‘I spent time every day preparing my next meal, which stopped me from reaching for poor quality snack food.’

Our team found that keeping a routine was key to staying focused and keeping a sense of normality.

Whether that was through diary management and time blocking, treating the mornings the same by waking up at the normal time (despite no commute) or ensuring a proper lunch break is taken.

Stay Active Trivia Quiz Answers

Moving our bodies during working from home was a big focus for our team. The ‘all staff Microsoft Teams chat’ was filled with at home workout out ideas and sporty selfies from staff.

1. In 1973, previously it was called the Commonwealth Public Service.

2. 1966 3. 1976 by the Ombudsman Act 1976.

4. 1982 by the Freedom of Information Act 1982 (Cth).

‘I always try to do some exercise before I start the workday – a jog around the lake, a bike ride in the morning. It helps me focus during the day and gets me out of the house,’ Sarah Colman, Special Advisor.

5. 1994. Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994 (Cth).

6. 7 October 1994.

7. 11 May 1999 by Minister for Finance and Administration John Fahey.

8. 28 February 2002 by Minister for Communications, Information Technology and the Arts, Richard Alston.

9. 18 October 1989, previously they were recognised through the Imperial Honours system.

10. July 1995

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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