This seemingly innocuous punctuation mark has been at the heart of legal battles with stakes reaching into the millions.
VALUE FOR MONEY
In procurement, achieving value for money is complex and crucial.
SERVING UP A COHESIVE PUBLIC SERVICE
Imagine the APS as a gourmet kitchen. Each department is a specialised station, every public servant a skilled chef, and together they craft a complex, multi‑course meal.
WELCOME TO THE LATEST EDITION OF THE PULSE
Welcome to the latest edition of The Pulse.
As Proximity has grown, so too has our suite of expertise, particularly in areas that matter most to our government clients. Our focus is on delivering practical support that helps you achieve your goals, while also enhancing your team’s capabilities.
We’re committed to working alongside you, sharing our knowledge, and leaving a lasting impact that extends beyond our partnership. At the core of our work is a shared purpose: to deliver outstanding service for the public.
In this, our 13th edition of the Pulse you’ll find a range of pressing topics and analysis from across our Commercial, Legal and Consulting practices.
We hope this issue provides you with valuable insights and we look forward to making a difference together.
ZOE LYNAM CEO
1 CEO WELCOME Zoe Lynam
4
ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024
9 MEET DWAYNE CURRIE Expert Advisor.
The Administrative Tribunal Act 2024 (the ART Act), establishes a new fit for purpose Federal Administrative Review body that will replace the Administrative Appeals Tribunal (AAT). 15 VALUE FOR MONEY
10 EMBEDDED EXPERTS AND EXPERT EMBEDDERS
Since its inception in 2012, Proximity lawyers have undertaken hundreds of legal secondments across the Commonwealth.
12
PROCUREMENT COMPLAINTS HANDLING
Improving complaints handling in Commonwealth Government procurement. 6
THE MILLION DOLLAR COMMA
This seemingly innocuous punctuation mark has been at the heart of legal battles with stakes reaching into the millions.
In procurement, where perceptions of value vary widely, achieving value for money is complex and crucial.
19
A CHAIN IS ONLY AS STRONG AS ITS WEAKEST LINK
How to ensure supply chain cyber security.
Streamlining governance: embracing minimum viable bureaucracy in
Imagine the APS as a gourmet kitchen. Each department is a specialised station, every public servant a skilled chef, and together they craft a complex, multi‑course meal.
Why does it matter and how to ensure it?
Proximity was engaged to implement legislative changes to address security and operational issues at Osborne Naval Shipyard.
Proximity’s
The strategies for assuring success.
ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024
Loretta Houlahan dives into a new system of Federal Administrative Review.
The Administrative Tribunal Act 2024 (the ART Act), which passed the Parliament on 28 May 2024, establishes a new fit for purpose Federal Administrative Review body that will replace the Administrative Appeals Tribunal (AAT). The new body will be called the Administrative Review Tribunal (ART), and it is intended to offer an improved avenue for individuals to seek independent merits reviews of government decisions.
The Bill details the Tribunal’s membership, structure, review procedures and other matters. It also re establishes the Administrative Review Council.
Consequential amendments were also made by the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (which repeals the AAT Act) and makes consequential amendments that cover the majority of the Tribunals caseload. The Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 was also passed and makes further consequential amendments to 110 Commonwealth Acts that interact with the AAT Act to ensure continuity for the Tribunal and its users.
The ART Act makes significant changes to the current system of administrative review.
The ART Act was informed by:
• extensive public consultations that were held in April and May 2023
• engagement with key stakeholders including government, legal industry representatives, individual advocacy groups, AAT staff, State and Territory Civil and Administrative Appeals Tribunals, and other community groups
• guidance from the Administrative Review Expert Advisory Group, of which Emeritus Professor Robin Creyke AO, a Proximity Expert Advisor, are members.
The government moved parliamentary amendments to the package of bills implementing the ART in response to stakeholder feedback and to clarify aspects of legislative drafting. Amongst other things, the amendments:
• strengthened the merit based appointment process for members
• introduced a statutory review of the legislation to commence in 5 years
• retained second review for social security matters where it currently exists in the AAT
• reinstated the current approach to secrecy
and non disclosure obligations under the AAT Act
• imposed an obligation on advising the Administrative Review council of actions taken in relation to systemic issues in making reviewable decisions
• made improvements to the role and responsibilities of ‘litigation supporters’, and
• facilitated publication of tribunal decisions with amending secrecy provisions in family assistance law (to allow de identified decisions to be published).
Whilst the ART objectives are largely the same as the current AAT objectives, there are some significant proposed changes as part of the new Act, particularly with regards to increased powers and the appointment process. These proposed changes are set out below.
KEY PROPOSED CHANGES
Increased powers for Registrars
There are increased powers for registrars, including the powers to dismiss applications if not made within a reasonable time, extend period of time for applications, give
orders to produce documents, and statement of reasons.
These powers would need to be authorised in writing by the President before a registrar could exercise them.
Appointment of Members—simplified and merit based
The following criteria will apply to the appointment of Members:
Senior Members—Enrolled as a legal practitioner for seven years OR the Minister is satisfied that the person has at least seven years of specialised training or experience.
Members—Enrolled as a legal practitioner for at least five years OR the Minister is satisfied that they have the equivalent specialised training or expertise.
Removal of divisions and introduction of jurisdictions
With approval from the ART President, members will now be able to move between divisions. This is a significant change as previously approval to move between divisions was required from the Minister. It is expected that this greater flexibility will improve the opportunities for developing a faster turnaround for AAT and ART cases.
Performance management of Members
The President will manage the performance of members, including implementing a Code
of Performance for Non judicial Members.
Introduction of the Guidance and Appeals Panel (GAP)
The GAP will introduce a two tier appeals structure which is intended to provide greater consistency in decision making within the Tribunal.
Approval for the right to appeal to the GAP sits with the President of the ART. There are two avenues for this to occur:
1. Own motion by President to resolve matters raising issues of significance to administrative decision making, or where appropriate in interests of justice (s 122) eg Robodebt type issues.
2. On appeal by party raising issues of significance to administrative decision making or contains error of fact or law materially affecting decision (cl 128).
Not all decisions can be appealed to the GAP. For example, where there’s a first tier review avenue already available (eg decisions relating to veterans’ legislation that should be made via the Veterans’ Review Board).
Re establishment of the Administrative Review Council (ARC)
The purpose of the ARC is to monitor the integrity of the administrative review system, and to be able to inquire into, and report on, systemic challenges in administrative law.
IS THERE ANYTHING ELSE LEGAL PRACTITIONERS SHOULD BE AWARE OF?
The definition of ‘decision’ remains unchanged and is designed to capture all the types of decisions made by agencies, including automated decisions.
‘Litigation Supporters’ have been introduced to assist self represented litigants where the Tribunal deems the litigant requires representative support.
Now that the Act has been passed by Parliament, it will be interesting to see whether the ART will be able to achieve it’s the desired outcome of efficiency and transparency and, in particular, we will watch with interest the bedding down of the Guidance and Appeals Panel, the role of the Litigation Supporter and the re‑establishment of the Administrative Review Council. Keep an eye out for future updates from Proximity! ■
LORETTA HOULAHAN Senior Advisor
ABOUT THE AUTHOR
Loretta is a Senior Advisor in Proximity’s Public Law and Litigation Team. Loretta has a broad practice with a primary focus in the areas of administrative and public law, legislative reform, inquiries, merits review and mediation/alternative dispute resolution.
THE MILLION DOLLAR COMMA
In the intricate dance of legal drafting, where precision is paramount and the stakes are high, the humble comma takes centre stage.
This seemingly innocuous punctuation mark has been at the heart of legal battles with stakes reaching into the millions. Let’s delve into the fascinating world of ‘the million‑dollar comma’ and explore its implications for lawyers whether they draft contracts or legislation.
THE CASE OF THE DAIRY DRIVERS
In 2017, a group of dairy drivers in the USA found themselves in the limelight of legal history due to a missing comma in a state law governing overtime pay.
The saga begins with a seemingly innocuous list of labour exemptions. The law stated that overtime rules did not apply to:
“ The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:
1) Agricultural produce; 2) Meat and fish products; and 3) Perishable foods.”
At first glance, it seems straightforward, but the absence of a comma after “shipment” led to a legal dispute that would cost the dairy company $5 million. The case hinged on whether the law exempted the distribution of perishable foods from overtime pay, or if it exempted packing for the shipment or distribution of these foods. The drivers argued the latter, and the courts agreed.
This case underscores the importance of clear and precise language in legislation, as the lack of a single comma had a multi million dollar consequence.
This case underscores the importance of clear and precise language in legislation, as the lack of a single comma had a multi million dollar consequence.
THE TARIFF ACT COSTLY COMMA
The Tariff Act transcription error of 1872 is a historical instance where a small clerical error had significant financial repercussions. In this case, a misplaced comma in the U.S. Tariff Act led to a substantial loss of revenue for the government. The original intent of the legislation was to exempt from tariffs the importation of:
“fruit plants, tropical and semi tropical for the purpose of propagation or cultivation.”
However, due to a transcription error, the comma was shifted, and the phrase was printed as:
“fruit, plants tropical and semi tropical for the purpose of propagation or cultivation.”
In 2017, a group of dairy drivers in the USA found themselves in the limelight of legal history due to a missing comma in a state law governing overtime pay. At first glance, it seems straightforward, but the absence of a comma after “shipment” led to a legal dispute that would cost the dairy company $5 million.
This seemingly minor change had major implications, as it was interpreted to mean that all tropical and semi tropical fruits, not just the plants, were exempt from tariffs.
This seemingly minor change had major implications, as it was interpreted to mean that all tropical and semi tropical fruits, not just the plants, were exempt from tariffs.
Subsequent tariff acts corrected this mistake, but not before $40 million revenue in today’s money was lost.
Importers of oranges, lemons, and other fruits quickly took advantage of this error, importing their goods without paying the due tariffs.
The Government initially contested this interpretation but eventually had to concede, resulting in the refund of duties collected during the period the error was in effect. Subsequent tariff acts corrected this mistake, but not before $40 million revenue in today’s money was lost.
THE CANADIAN TELECOMMUNICATIONS TANGLE
Another case that underscores the importance of the Oxford comma involved Rogers Communications Inc., Canada’s largest cable television provider. In 2002, Rogers entered into a contract with Bell Aliant, which agreed to string Rogers’ cable lines across utility poles for an annual fee. The contract stated:
“Subject to the termination provisions of [the Agreement], [the Agreement] shall be effective from the date it is made, and shall continue in force for a period of five (5) years from the date it is made, and thereafter for successive five (5) year terms, unless and until terminated by one (1) year prior notice in writing by either party.”
The dispute arose over whether the contract could be terminated at any time with one year’s notice or only at the end of a five year term. The presence of a comma before “unless” suggested that the termination clause applied to both the initial and successive terms, allowing for termination at any time with due notice.
THE OXFORD COMMA DEBATE
Contract drafters, take note: The contentious comma at the centre of these legal battles is often the Oxford comma. A comma can indeed alter the intent and enforceability of contractual obligations. It’s the comma used before the final ‘and’ or ‘or’ in a list of items. The Australian Guide to Legal Citation provides guidance on the use of commas to avoid ambiguity, which supports the selective use of the Oxford comma in legal writing. However, the case of Harris v Repatriation Commission is cited as an instance where Australian courts considered the absence of an Oxford comma immaterial to the legal interpretation of a document.
DWAYNE CURRIE Expert Advisor
The contentious comma at the centre of these legal battles is often the Oxford comma. A comma can indeed alter the intent and enforceability of contractual obligations. It’s the comma used before the final ‘and’ or ‘or’ in a list of items.
LESSONS FOR LAWYERS
For lawyers who draft or interpret contracts and/or lawyers who assist in the development of legislation, these stories serve as a cautionary tale. The precision of language is paramount. A single punctuation mark can alter the meaning of a clause, potentially leading to unintended legal and financial outcomes. It’s a reminder that in the legal profession, attention to detail is not just a skill—it’s a necessity.
Whether you’re drafting the next big contract or shaping the laws of our land, remember: a comma could be worth a million dollars—or more. ■
ABOUT THE AUTHOR
Dwayne has over 20 years’ experience as a government lawyer at executive and senior executive levels, including as the General Counsel of the Australian Pesticides and Veterinary Medicines Authority. He has experience working in service delivery and policy agencies, and in the private sector. Dwayne has worked with a diverse range of Departments across multiple practice areas, gaining considerable experience in legal policy, commercial law, administrative law, legislative drafting, information law (including freedom of information and privacy) and litigation.
MEET DWAYNE CURRIE
Dwayne Currie is an Expert Advisor at Proximity and has considerable legal experience. His key skills include excellent customer focus and highly effective leadership and management skills. Dwayne and his partner Lisa can be seen regularly walking their golden retrievers and he may be found running, cycling, hiking or otherwise trying to keep active.
Q Tell us how you came to join Proximity.
A Previously I was General Counsel at the Australian Pesticides and Veterinary Medicines Authority (APVMA). I had become aware of Proximity through the Proximity Triathlon as I spent almost two decades being a triathlete I thought any organisation that put on a triathlon would have to be good to work for! When APVMA relocated to Armidale, I decided to remain in Canberra and reached out to Proximity. That was more than five years ago and I have since found a lot of other good reasons to stick around!
Q What is your proudest moment in a professional context?
A I received the Secretary’s award at the Dept of Infrastructure for management of my team. It was special as the team nominated me for the award (with no lobbying on my part!).
Q As a manager of people what is your biggest challenge?
A Managing high performing staff can be difficult as you need to provide the right balance of autonomy and supervision.
Q What advice do you give to someone starting out in a career?
A Try to be flexible and don’t pre judge roles or jobs. I never thought I would enjoy working in a role that dealt with pesticides and veterinary chemicals, but I loved it.
Q What keeps you awake at night?
A Post Robodebt, I am concerned that there seems to be an unrealistic expectation of the power of in house lawyers to enforce the ‘correct’ legal decision or strategy. Also, my dog Quartz when he has an upset tummy (bless him).
Q With an eye to the future, what does success look like for you?
A From a personal perspective I’m focussed on qualifying for the Boston Marathon in the next 12 months. Professionally, I’m continuing to provide strategic legal support to government through legal secondment arrangements.
Q Away from work, what is your passion?
A I’m quite invested in my running at the moment (a looming marathon tends to do that!) having previously focussed on being a triathlete, I only started to focus on running the past few years. The other passion is my partner, Lisa, and our joint obsession with international travel (next stop, Norway and Finland!). ■
EMBEDDED EXPERTS AND EXPERT EMBEDDERS
Since its inception in 2011, Proximity lawyers have undertaken hundreds of legal secondments across the Commonwealth, ranging from short term to multi year commitments across administrative law, litigation, commercial law, coronial, WHS and information law. We are passionate about working alongside—or embedded in—government teams. This is what Proximity is known for and why our lawyers choose to work with us.
We’re able to meet the Commonwealth’s needs, whether that’s by providing senior expertise on sensitive or significant issues or tapping into our deep pool of trusted talent to offer surge solutions, including at the paralegal level. Our partnership approach extends to supporting capability uplift within government teams by readily sharing our knowledge and tools. We are also industry‑recognised (Government Team of the Year 2022 and 2017, Australian Law Awards).
Many of our lawyers have held senior positions in highly regarded government teams and private practice, including as General Counsel and Principal Legal Officers.
All 50+ lawyers on our team are security cleared, some to the highest levels. Proximity also has Zone 4 secure facilities in Canberra, is a Defence Industry Security Program (DISP) member and has an Essential Eight Level Two maturity rating. These reflect our strong cyber security stance. As a government first Australian owned SME, we also don’t run up against conflicts like some of our competitors do.
We’re acutely aware of the need to give back to the community and commit 2% of our gross revenue to our Community Program. This is
significantly more than the industry standard and is a contribution our executive leadership has been proud to achieve annually since 2020. We were also a Finalist for Pro Bono Program of the Year at both the 2021 and 2020 Australian Law Awards.
Proximity has provided legal support services to a large Commonwealth department since 2016. We currently have a team of 10 lawyers providing on site litigation, commercial and information law support to three of the Department’s legal branches.
COMMERCIAL LAW
Proximity lawyers have:
• advised on a wide range of contractual arrangements, including contracts, Deeds of Standing Offer, MOUs and grant agreements, contract terminations and contractual disputes
• prepared and reviewed procurement and grant documentation and provided advice.
INFORMATION LAW
A Proximity lawyer is currently managing a case load in the Information Commissioner Review space. This involves triaging review notices, forming a strategic position on the Department’s response to each review, and drafting and settling submissions. They report to the Assistant Secretary directly and prepare briefings to the Secretary on sensitive matters. They have also contributed to discussions around the Department’s strategic approach
to responding to high volumes of review notices from individual complainants and on matters of public interest.
LITIGATION
Proximity lawyers:
• provide complex legal advice on statutory interpretations that inform delegate decision making
• work on complex debt recovery matters— this includes negotiating payment plans, drafting Deeds of Agreement and assisting the Department to investigate and prepare matters for civil litigation and criminal action
• assess, advise and provide recommendations on discretionary claims and external reviews—this involves conducting internal investigations, liaising with business/client areas and drafting legal advice and recommendations for authorised decision makers, and
• deliver training on conducting litigation to build the Department’s internal capacity.
Visit proximity.com.au to learn more about our Legal Support solutions or contact Zoe Lynam—CEO and National Lead, Legal— directly on zoe.lynam@proximity.com.au or 0421 447 866. ■
PROCUREMENT COMPLAINTS HANDLING
Improving complaints handling in Commonwealth Government procurement
Proximity Special Advisors
Ingrid Bremers and Kimberley Baillie explore the Australian National Audit Office (ANAO) Performance Report Procurement Complaints Handling (the Report), discuss implications for Commonwealth agencies and provide insights to help agencies manage risk associated with procurement complaints.
KEY TAKEAWAYS
• Procurement complaints are a risk to the achievement of agency objectives. Not only can procurement complaints result in the suspension of procurement activities, but even if the procurement is not suspended, responding to a complaint can derail the progress of a procurement.
• ANAO’s recommendations in its Report, if fully implemented, could have the effect of increasing the number of procurement complaints. This is because they are aimed at broadening the application of Government Procurement (Judicial Review) Act 2018 (Cth) (GPJR Act) to cover procurements off panels and increasing awareness of, and access to, complaint mechanisms within the market.
• Consistent with the ANAO guidance, agencies must uplift their existing materials to ensure suppliers are informed about complaint processes, including on their websites and as part of approach to market documentation.
• Agencies may need to uplift capability and processes to be positioned to prevent and respond to an increasing prevalence of procurement complaints.
A snapshot of the ANAO Report
The objective of the Report was to assess the effectiveness of procurement complaints handling by a number of Commonwealth agencies, by considering:
• Whether mechanisms and processes were clear and accessible to suppliers; and
• If complaints were handled appropriately.
While the ANAO was satisfied that procurement complaint procedures and handling were ‘largely effective’, the ANAO did find:
• The current procurement framework limits suppliers making complaints under the GPJR Act. In particular, the exclusion of panel procurements substantially limits supplier access to the GPJR Act. The ANAO estimated that the GPJR Act did not apply to at least 89% of contracts by volume, or 62% of contracts by value, reported from 1 July 2019 to 30 June 2022.
• Entities need to better inform suppliers about complaint options and improve access to the available mechanisms, including the GPJR Act, Commonwealth Ombudsman and Department of Finance Procurement Coordinator; and
• There were various deficiencies in complaint handling processes by Government. For example, only 32% of 28 open tenders by the four audited entities, and only 5% of 43 open tenders by 41 other entities, advised suppliers where to make a complaint, what to put in their complaint and how it would be handled, including under the GPJR Act.
The ANAO made four key recommendations for the Department of Finance, all of which were agreed to. There were:
1. Revisit whether the Commonwealth Procurement Rules (CPRs) provide sufficient coverage of the complaint mechanisms established by GPJR Act to meet Australia’s international trade obligations and as per Senate Committee recommendations. Subsequent changes to the CPRs which commenced on 1 July 2024 appear to only partially implement this recommendation.
2. Amend the Commonwealth Contracting Suite approach to market templates to better support access to the GPJR Act, including by stating whether the procurement is or is not a ‘covered procurement’.
3. Publish a guide for suppliers about the GPJR Act. Notify relevant Australian Government entities of this guide and suggest they include a link to the guide on their websites and in their approach to market templates for covered procurements.
4. Review how the Procurement Coordinator complaint mechanism is promoted and operated, and implement arrangements that improve accessibility and customer service.
Implications for Commonwealth agencies
It has now been five years since the GPJR Act came into force. Without any public litigation on the regime, this Report provides some useful guidance to Commonwealth agencies in managing their GPJR Act compliance.
Based on this Report, there is an opportunity to leverage off ANAO ‘endorsed’ complaints handling processes. The Report flags the potential for upcoming changes to CPRs, templates and guidance on procurement complaints. If the ANAO’s recommendations are fully implemented, agencies can position themselves to be ready and responsive to any new requirements.
Importantly, we think it is likely that measures which improve access to GPJR Act complaint
mechanisms may increase complaints in future procurements. That is, agencies may receive new complaints, or have an increasing number of complaints to deal with. It is therefore crucial that agencies have applicable guidance, standard operating procedures, templates and other materials in place to facilitate the handling of complaints. For example, does your agency know who is responsible for responding to a GPJR Act complaint? Does your agency’s delegation instrument reflect this?
Importantly, we think it is likely that measures which improve access to GPJR Act complaint mechanisms may increase complaints in future procurements.
Agencies should not underestimate how difficult it can be to respond to procurement complaints. Complaints impose additional workload on key legal and procurement resources, require additional senior executive engagement, as well as add complexity and risk to related procurement activities.
Without a Public Interest Certificate (PIC) in place, this all needs to occur during an active procurement process.
The increased scrutiny by the ANAO, and other areas of Government, also indicates the increasing importance that Commonwealth agencies undertake procurements properly, and PICs are used appropriately.
Links to broader procurement trends
The strengthening of the procurement complaints regime is consistent with the emphasis on transparency and ethics in procurement, as part of broader ESG trend across Commonwealth Government.
In practice, we are seeing greater awareness of GPJR Act rights and Commonwealth agencies are starting to receive complaints in relation to their procurements. Although still not necessarily common in Australia, that trend may accelerate—if the ANAO recommendations in this Report are fully implemented. This risk of procurement complaints may also be exacerbated by the difficulty in accessing procurement expertise in the current labour market.
It is also worth noting that the ANAO appears increasingly interested in procurement activities and providing guidance to agencies as part of its reports. ANAO has now started publishing best practice ‘Insights’. (Some readers will remember that the ANAO decided to discontinue a range of better practice guides in 2017, to avoid duplicating similar guidance from other agencies). In this context, this report does seem to be a ‘shot over the bow’ at the Department of Finance in relation to procurement activities.
HOW SHOULD AGENCIES RESPOND?
• Assess compliance with procurement complaint best practice; identify areas of procurement risk in your organisation
• Update your agency’s website and approach to market suite to better inform suppliers about when the GPJR Act applies and complaints processes which apply
• Develop procurement complaints handling processes, including guidance on issuing PICs and delegations
• Ensure your organisation has sufficient capacity and capability to deal with procurement complaints, including providing additional training and development for relevant personnel and decision makers. ■
In practice, we are seeing greater awareness of GPJR Act rights and Commonwealth agencies are starting to receive complaints in relation to their procurements. Although still not necessarily common in Australia, that trend may accelerate—if the ANAO recommendations in this Report are fully implemented.
ABOUT THE AUTHORS
Ingrid has a broad range of commercial legal experience acting on major projects for Government. She has advised Government across all stages of projects: from strategy, planning, probity, implementation and negotiation, through to contract management and pre litigation disputes.
Kimberley has over 15 years’ experience in providing advice in both the public and private sectors, specialising in contracting and procurement. Kimberley has extensive experience in Commonwealth procurement, probity and commercial law having led a multi disciplinary team and managed the procurement function for a medium sized Commonwealth agency.
VALUE FOR MONEY
Maathavan Manivannan defines what value for money means and how to achieve it.
In procurement, where perceptions of value vary widely, achieving value for money is complex and crucial. This challenge is compounded by heightened scrutiny on government expenditure and criticism of procurement practices, amidst shifting labour market dynamics. With a focus on achieving ‘speed to capability’ or ‘minimum viable capability’ in some government departments, navigating these complexities demands a nuanced approach.
This article explores strategies for assessing and achieving value for money in today’s environment and how Proximity collaborates with stakeholders to enhance value in procurement processes.
Achieving value for money is not about choosing the cheapest option but about maximising the value of taxpayers’ money. It is a continuous journey that starts before contracts are signed and extends beyond their execution.
IMPORTANCE OF PROCUREMENT PLANNING
Achieving value for money is not about choosing the cheapest option but about maximising the value of taxpayers’ money. It is a continuous journey that starts before contracts are signed and extends beyond their execution.
Prior to commencing a procurement, stakeholders must engage in thorough procurement planning to clarify their requirements, including conducting market research to understand stakeholder needs and market capacity. This ensures alignment with considerations outlined in 4.2 of the Commonwealth Procurement Rules (CPRs):
a. Stakeholder input;
b. The scale and scope of the business requirement;
c. The relevant entity’s resourcing and budget;
d. Obligations and opportunities under other existing arrangements;
e. Relevant Commonwealth policies; and
f. The market’s capacity to competitively respond to a procurement.
Effective procurement planning is crucial to ensure that value for money is achieved. It not only helps suppliers respond with high quality tenders, clarifies ‘minimum viable capability’, and can help achieve ‘speed to capability’. A well structured evaluation team, encompassing commercial, financial, technical, programmatic, and legal expertise, further ensures a balanced and comprehensive assessment of value for money. This multi faceted approach reduces subjectivity by basing decisions on thorough analysis rather than personal bias.
Effective procurement planning is crucial to ensure that value for money is achieved.
COMPREHENSIVE EVALUATION AND NEGOTIATION
Once tender responses are received, a strong evaluation team can scrutinise and assess each tender from different angles. This comprehensive evaluation process leads to productive and effective negotiation processes, as a well rounded understanding of each tender’s value facilitates informed discussions and better outcomes.
Leveraging specific financial models enhances this assessment process, enabling a deeper understanding of value propositions.
FINANCIAL EVALUATION
Although evaluating value goes beyond cost, it is often synonymous with finance. Financial evaluation is vital for objectively assessing the cost effectiveness of a solution. It offers an objective lens, guided by standardised financial models and data driven criteria, which mitigate subjectivity and ensure decisions are anchored in economic rationale. Leveraging specific financial models enhances this assessment process, enabling a deeper understanding of value propositions. Some of these models are as follows:
1. Scenario Analysis: Financial Operating Model, such as Procurement Pricing Model, allows decision makers to explore different procurement strategies or investments, identifying those that maximise returns while minimising risk.
2. Optimisation through Cost Modelling, including acquisition and sustainment, enables businesses to allocate resources efficiently, ensuring the most value for money prices and pricing structures.
3. Risk Management, facilitated by Financial Viability Assessment models, help in quantifying and mitigating risks associated with vendors, who may have financial instability or liquidity issues, thereby ensuring value preservation over the long term.
4. Capital Budgeting, supported by Budget Investment Models, assists in prioritising investments aligned with strategic objectives and that offer the highest potential for generating value.
5. Resource Planning, facilitated by financial models, aids in forecasting future financial performance based on various assumptions and factors. This ensures effective allocation of funds to areas contributing the most value to the organisation.
6. Communication and Transparency are enhanced through financial models, providing stakeholders with clear and transparent insights to garner support for value creating initiatives and foster trust.
Incorporating these financial models into the evaluation process strengthens the foundation for value assessment, enabling organisations to make informed decisions aligned with their strategic goals and maximising value for stakeholders.
Financial evaluation is vital for objectively assessing the cost‑effectiveness of a solution. It offers an objective lens, guided by standardised financial models and data‑driven criteria, which mitigate subjectivity and ensure decisions are anchored in economic rationale.
CONTRACT MANAGEMENT PLANNING
Contract management planning should commence at the procurement planning stage. Early planning ensures that contract terms and performance metrics are aligned with the procurement objectives from the outset. It also allows for continuity in managing supplier relationships and maintaining value throughout the contract lifecycle. This includes performance management, risk mitigation, quality assurance, and continuous improvement, ensuring sustained value.
In the current landscape, Proximity adeptly applies these concepts to help clients achieve value for money while minimising risks and challenges associated with attaining “minimum viable capability” or “speed to capability.” Recognising the shifting labor market dynamics, Proximity offers tailored solutions to navigate these changes effectively.
Proximity closely collaborates with clients, providing strategic financial insights such as budget development, performance forecasting, and assessing business initiative implications. Armed with extensive experience in Finance, Accounting, Procurement, and Project Management, our team ensures proactive measures for achieving value for money. ■
Proximity closely collaborates with clients, providing strategic financial insights such as budget development, performance forecasting, and assessing business initiative implications. Our team ensures proactive measures for achieving value for money.
ABOUT THE AUTHOR
Maathavan is an Advisor at Proximity and is a highly motivated professional with a wealth of experience in the Defence Industry. He has led and supported several procurements and has also worked in Defence Finance.
Maathavan’s procurement experience coupled with his financial expertise allows him to add value to clients. He is passionate about developing a long term career within the Defence Industry.
A CHAIN IS ONLY AS STRONG AS ITS WEAKEST LINK
How to ensure supply chain cyber security: procurement plays a lead role.
Let’s start with a question: Who has responsibility for cyber security in an organisation?
If you answered ‘d) all the above’, you’re correct. Cyber security is everyone’s responsibility. Therefore, when developing your cyber strategy, it’s crucial to involve and stress the accountability and leadership from the executive level, while also ensuring good security awareness and responsiveness to threats and incidents at more junior levels of the organisation. People and process are equally as important as technology when it comes to managing cyber risk.
a) The IT department.
b) The CEO.
c) Staff who use digital products, services and systems.
d) All the above.
Let’s now consider cyber security when it’s applied to a supply chain, where one organisation relies on another organisation for products or services. That second organisation need not even be a technology provider—they could be a bricks and mortar shop that uses commercially available software and apps to run the business. What information might that business hold about its customers? Consider information such as customer names, contact details, account details and addresses. How and where is this valuable data stored? Who is storing it for the business? What protections are in place to safeguard customer data?
Consider information such as customer names, contact details, account details and addresses. How and where is this valuable data stored? Who is storing it for the business? What protections are in place to safeguard customer data?
If we consider the interconnectedness of modern business, including Government’s reliance on external services and suppliers, we quickly realise that digital supply chains are large, complex and most importantly, vulnerable. They include third party (and fourth, fifth, etc. party) apps and providers in the supply chain. An attack on one organisation in a supply chain can expose valuable information of thousands of other organisations, precluding the need to directly breach those organisations to steal their information. This interconnectedness, and the breadth of information contained within one chain, makes indirect supply chain attacks attractive to malicious attackers. For example, the 2023 ransomware attack on HWL Ebsworth, a professional services provider to Australian Government, breached information, information included sensitive personal and government information of 62 government entities that had been held by the firm.
Government entities need to address cyber security as a team effort in partnership with suppliers. Supply chain cyber security can’t be achieved by individual entities or organisations securing their own systems alone.
Government entities need to address cyber security as a team effort in partnership with suppliers. Supply chain cyber security can’t be achieved by individual entities or organisations securing their own systems alone. The requirements that Government entities must comply with include those in Figure 1.
Information Security Manual Protective Security Policy Framework (PSPF)
Governance, Performance and Accountability Act 2013 (PGPA Act) PROCUREMENT AND CONTRACT MANAGEMENT Commonwealth Procurement Rules (CPRs)
The Australian Government Protective Security Policy Framework (PSPF) underscores the responsibility of entities to manage security risks in their supply chains. Policy 6 is titled ‘Security governance for contracted goods and service providers’. Policy 6 mandates that entities are accountable for security risks arising from procuring goods and services. Compliance involves applying Government’s security requirements to an entity’s contracted providers. Entities should use their procurement processes, well drafted contracts, contract management, and periodic monitoring of provider security health to implement Policy 6. For example, this could involve:
• establishing adequate security measures at the outset in new contracts (which may require collaboration between an entity’s procurement / contract managers and its security / technical advisors);
• monitoring security health measures throughout the contract (which may require collaboration between an entity’s business managers and security / technical advisors); and
• contract closure activities (discussed below in the Improve Phase of the Proximity Contract Lifecycle).
The Commonwealth Procurement Rules (CPR) specifically recognises security risk, including in relation to cyber security, as a risk to be managed throughout the procurement process, in accordance with the PSPF (CPR 8.3). The Australian National Audit Office (ANAO) recently analysed compliance with PSPF Policy 6 and found that 51% of non corporate Commonwealth entities had not fully implemented PSPF Policy 6 in 2020 21. This finding underscores the importance of uplifting security risk awareness and management in Government, and ensuring
If we consider the interconnectedness of modern business, including Government’s reliance on external services and suppliers, we quickly realise that digital supply chains are large, complex and most importantly, vulnerable.
appropriate collaboration between technical and non technical teams within entities, and between an entity and its suppliers, when procuring, managing and closing out contracts.
The Commonwealth Procurement Rules (CPR) specifically recognises security risk, including in relation to cyber security, as a risk to be managed throughout the procurement process.
Proximity’s Contract Lifecycle in Figure 2, encompasses four phases which each offering valuable opportunities for entities to establish effective security governance when contracting with external providers. The following key steps illustrate the significant role that procurement advisors, contract lawyers and contract / business managers should play in implementing supply chain cyber security for their entity, liaising with technical security advisors if needed.
1. Design phase: Security by design
• Procurement planning, market research, and approach to market (ATM) preparation should incorporate clear security requirements. Considerations include what the entity is buying, who will use it, how it will be used, what information will be stored/processed, sensitivity of information, business impact if compromised and, what protections are needed to mitigate data breach risk.
• Collaboration between procurement and security advisors may be necessary to complete a risk assessment, then articulate security requirements to mitigate risk.
• Key ATM documents, including tender evaluation criteria, questions for tenderers, and contract clauses, should reflect security considerations based on the PSPF Policy 6 guidelines.
2. Approach phase: Releasing requirements to market
• What is the sensitivity of information to be released to tenderers? Is it appropriate for public release or should measures to restrict access to confidential information be put in place?
• If needed, consider access controls such as tenderer identification and registration requirements, confidentiality deeds, data rooms and limited tender procurements as ways to control information release, while balancing procurement requirements such as non discrimination and competition (CPR 5). Entities are not obligated to release confidential information (CPR 10.7).
3. Select phase: Identifying the preferred supplier
• Value for money involves considering the overall benefits offered by a supplier against the risks that the supplier poses to an entity. This includes financial and non financial costs and benefits associated with the procurement (CPR 3.2).
• Evaluation of tenders should include predefined security criteria. If security was not included as a criterion at the Approach Phase, it should still be considered as part of the overall risk assessment for an evaluated tender.
• If specialist technical / security skills are needed to evaluate security risk, include them in the tender evaluation plan and evaluation team. Ensure it is clear to them which criteria they are to evaluate, and document reasons.
4. Improve phase: Contract management and closure
• Actively monitor supplier performance and security compliance. Establish rapport to achieve trust, to foster cooperative discussions around threats and responsive disclosures of breaches. Contract / business managers may need to involve technical / security advisors to manage supplier security health collaboratively.
• As the contract nears its expiry or termination, complete closure and offboarding activities appropriate to the level of risk posed by information accessed and held by the supplier. For example, outgoing security briefings to supplier personnel, signed security declarations, return of physical access passes, cancelling systems access, and deletion or destruction of information held by the supplier.
Design
Plan
Research
Prepare
Publish
Clarify
Suppliers respond
Evaluate
Negotiate
Contract
Closure Select
Manage
Continuously improve
The adage ‘a chain is only as strong as its weakest link’ neatly captures the risk that all organisations, public and private, face today. Achieving supply chain cyber security relies on a collective effort that spans across all organisations involved in collecting, storing and processing a customer organisation’s data. It goes beyond traditional IT and security roles, relying on non technical roles including business managers, contract managers, procurement advisors, and contract lawyers to collectively manage the risk. The key is to be informed, not afraid, when it comes to tackling cyber security risk.
The adage ‘a chain is only as strong as its weakest link’ neatly captures the risk that all organisations, public and private, face today.
Reach out to us at Proximity for effective and practical ways to uplift security with your supplier network. Our Procurement & Contracting, Commercial Law and Transformation teams are experienced in establishing security governance and implementation with Government and regulated entities. ■
KEY POINTS
Tackling supply chain cyber risk is a team effort. Non technical procurement managers, contract lawyers and contract/business managers have a large role to play.
People and processes are equally as important as technology in managing security risk.
Security by design involves planning and engaging early. Procurement, legal and security teams need to work together collaboratively to identify security requirements, build them into contracts, monitor and close out.
Use each phase of the Contract Lifecycle to establish and address security.
Assign clear roles and responsibilities for business, procurement, legal and security teams. Who’s doing what, when?
SU-ANN TAN BURKE Special Advisor
ABOUT THE AUTHOR
Su Ann is a management consultant and lawyer with over 13 years of experience in commercial and capability improvement projects. Su Ann listens to client’s needs and draws on her legal, commercial and science backgrounds to provide contextual solutions.
Su Ann has supported clients across the full procurement and contracting lifecycle in Government and private sector industries
MINIMUM VIABLE BUREAUCRACY
Streamlining governance: embracing minimum viable bureaucracy in project management and procurement.
The old adage “Perfect is the enemy of the good” rings especially true in both project management and procurement. While governance is undoubtedly necessary for success, excessive layers of bureaucracy can quickly become a hindrance, stifling innovation and delaying crucial decision making.
In today’s fast paced environment, where speed to market is critical, there’s a growing need for a streamlined approach to governance. This is where the concept of Minimum Viable Bureaucracy (MVB) comes into play.
The concept of MVB challenges the notion commonly held in government that more governance is better governance. Instead it proposes a streamlined approach that focuses on essential processes, empowering project teams to deliver results efficiently without being bogged down by unnecessary red tape.
The problem with excessive governance is that it often leads to a proliferation of processes, approvals, and documentation requirements. This can create bottlenecks, slow down the process, and demotivate team members. Instead of facilitating progress, it becomes an obstacle to overcome.
The problem with excessive governance is that it often leads to a proliferation of processes, approvals, and documentation requirements.
MVB aims to ensure project management is more efficient, effective, and successful by focusing on essential governance processes while minimising unnecessary bureaucracy. The goal is to create an environment where teams are supported and trusted to deliver results without having to hurdle cumbersome procedures.
KEY
PRINCIPLES OF MINIMUM VIABLE BUREAUCRACY
Focus on Outcomes: MVB emphasises prioritising outcomes over processes. By clearly defining objectives and desired results, teams can concentrate on activities that directly contribute to goals. This approach eliminates unnecessary steps and allows for greater flexibility in responding to changing circumstances. Applied to procurement, it leads to better purchasing decisions by focusing on desired outcomes, which in turn encourages supplier innovation and better tender responses.
Delegation and Empowerment: MVB advocates delegating authority and responsibility to team members closest to the work. This fosters ownership, accountability, and faster decision making, as teams are not constantly seeking approval from higher ups. Empowering teams to draft the statement of requirements (SoR) ensures they get a product that meets their needs. For example, involving the ICT team in drafting the SoR for a tech service reduces time and avoids back and forth with the procurement advisor trying to become a technical expert.
Clear Communication: Effective communication is crucial in any project, but especially within an MVB framework.
In today’s fast paced environment, where speed to market is critical, there’s a growing need for a streamlined approach to governance. This is where the concept of Minimum Viable Bureaucracy (MVB) comes into play.
Minimising bureaucracy allows teams to communicate directly and efficiently, reducing misunderstandings and ensuring everyone is on the same page.
Minimising bureaucracy allows teams to communicate directly and efficiently, reducing misunderstandings and ensuring everyone is on the same page.
Streamlined Interaction: Excessive bureaucracy often leads to restricted communication channels, causing delays. For instance, a procurement advisor might need to go through several layers of management to communicate with a decision maker. Allowing direct communication between the advisor and the executive reduces delays and miscommunication. This also helps procurement advisors develop their “soft skills.” Only essential decision makers should be involved to prevent a “too many cooks in the kitchen” scenario, which can slow down the process.
IMPLEMENTING MINIMUM VIABLE BUREAUCRACY
Implementing MVB requires a cultural shift within the organisation, moving from a command and control approach to one that fosters collaboration, trust, and empowerment.
JODY BLINCO Principal Advisor Team Lead—Project Management and Performance
Here are some practical steps to implement MVB:
1. Assess Current Governance Processes: Identify areas where bureaucracy can be reduced or eliminated. Look for processes that add little value or hinder progress. Consider who has the “need to know,” unnecessary double handling of documents, and whether processes are overly broad and could be more targeted. Seek feedback from procurement advisors and business areas to identify what needs to be streamlined or takes too long.
2. Define Essential Governance Processes: Determine the minimum set of governance processes required for project success, such as risk management, quality assurance, and stakeholder communication. Refer to relevant legislation, regulations, and policies (e.g., PGPA Act and CPRs) to check mandatory requirements and distinguish them from “nice to haves.” Use a risk based approach to evaluate changes, ensuring the benefits of streamlining outweigh potential risks.
3. Streamline and Automate: While some processes can’t be eliminated due to risk, they can often be simplified or automated. For example, if records are kept in Word documents or Excel spreadsheets, consider whether there is better software for this purpose. Consult with IT to help automate these processes.
4. Empower Project Teams: Provide teams with the autonomy and resources needed to make decisions and take action. Ensure teams have appropriate training, assistance with improving or developing policies, and soft skills training such as communication and writing. Ensure operating procedures are clear and flexible, rather than one size fits all. Train staff throughout the organization
in procurement, even if they are not part of the procurement team (e.g., project managers, EAs).
5. Foster a Culture of Continuous Improvement: Encourage teams to regularly review and refine their processes, learning from successes and failures. Maintain a ‘lessons learnt register’ to evaluate past performance and identify areas for improvement. After a project is complete, allocate time for review and assign this responsibility to relevant team members with specific deadlines. To keep policies current, set a regular evaluation timeframe, such as every 12 months, ensuring all procedures are up to date.
The concept of Minimum Viable Bureaucracy (MVB) highlights the importance of streamlining processes, empowering teams, and focusing on outcomes to enhance project management and procurement. By adopting MVB principles, organisations can reduce unnecessary bureaucracy, foster innovation, and improve efficiency.
By adopting Minimum Viable Bureaucracy principles, organisations can reduce unnecessary bureaucracy, foster innovation, and improve efficiency.
If you’re looking to implement these strategies and achieve better project and procurement outcomes, consider the benefits of tailored procurement support. At Proximity, we offer expertise in designing and implementing practical procurement strategies, guiding you through the entire procurement life cycle. ■
ABOUT THE AUTHOR
Jody is an award winning strategic consultant with proven success across business and technical transformations. He loves nothing more than a good innovation challenge.
An experienced project leader, Jody has led successful business and ICT transformations across large Australian and global private sector firms.
Jody has been successful in delivering these projects using his highly developed project management skills and his ability to blend business and organisational strategies with innovative technology and process solutions.
MEET STEPHEN BAILEY
With over 14 years of experience in Commonwealth procurement, Stephen brings a wealth of expertise to any project. He has led procurement teams that advised and conducted procurement and contract management advice to projects, including End User Computing, Infrastructure, Communications and labour hire procurement. Stephen also loves the competition of field hockey on a Saturday afternoon.
Q Tell us how you came to join Proximity.
A I was ready for a new challenge in my career and saw that Proximity has some great opportunities available. From our first conversation, Proximity’s innovative approach resonated with me, and I knew it was the perfect fit. The timing felt just right, and I haven’t looked back.
Q What is your proudest moment in a professional context?
A Reflecting on my career, my proudest moment has to be when I served as the project manager for the High Frequency Surface Wave Radar project. It was a challenging and rewarding experience that culminated in winning two prestigious awards in the same year: the Australian Institute of Project Management award in South Australia and the Essington Lewis award for project management.
Q As a manager of people what is your biggest challenge?
A As a manager, my biggest challenge is ensuring that each team member is in the right role. I firmly believe that everyone has unique strengths and talents to offer. It’s my responsibility to understand those strengths and preferences, and to align them with the right roles. By doing so, we can maximise both individual satisfaction and team performance.
Q What advice do you give to someone starting out in a career?
A My advice to someone starting out in their career is to learn from those around you. There’s a wealth of experience in the workplace that you can tap into. Remember, it’s rare that you need to start from scratch.
Q What keeps you awake at night?
A Deadlines. Having spent a lot of time managing projects, I’m always aware of the ticking clock. From day one, the countdown to the project’s completion is on.
Q With an eye to the future, what does success look like for you?
A Success for me means providing top notch procurement support to projects and programs. It’s about ensuring they achieve the procurement outcomes they need while staying compliant and delivering the desired benefits. Helping teams navigate these complexities and achieve their goals is what drives me.
Q Away from work, what is your passion?
A Away from work, I have two passions. The first is field hockey—I still love playing, and I still love the 70 minutes of competition on a Saturday afternoon. My other passion is fishing, which offers me complete relaxation. ■
MAXIMISING VALUE
PROJECT FEATURE
Proximity’s
approach to enhancing procurement capability.
Proximity has undertaken assurance reviews and provided probity advice for numerous complex and high profile Government procurements and projects. We have assisted agencies on projects ranging from modest procurements up to multi billion dollar capital acquisition and sustainment projects, major ICT procurements and end to end commercial and procurement advisory services. We are committed to working with our clients to understand their context and drive lasting change for their procurement function.
OUR METHODOLOGY
We use a three stage work plan to undertake any procurement review. Our methodology is based on Proximity’s proven track record of successful engagements.
Discover phase
In this first phase, we initiate the project, establish the project team and as well as governance and documents sharing arrangements. We draft and agree the Project Plan and Review Methodology and a Stakeholder Engagement Plan. We also undertake a review of procurement policies and documents. This review will inform a
gap analysis against the Commonwealth Resource Management Framework and our suggested updates to procurement policies and procedures.
We are committed to working with our clients to understand their context and drive lasting change for their procurement function.
Engage phase
We plan and deliver a right sized stakeholder consultation for the review. This engagement consists of consultations and a survey administered to procurement staff. We then present the key findings from stakeholder engagement at a Preliminary Findings Workshop.
Deliver phase
We use the findings of our document review and consultation to deliver the products the client needs. This includes a tiered risk management model, a revised suite
of procurement policies, a procurement policy review strategy and a procurement compliance matrix.
Our project schedule includes regular meetings with the project team and time for the client to review all documents. This ensures there are no surprises in the review and that our recommendations are fit for purpose. Proximity is also available to present to executive groups as required during the project.
OUR EXPERIENCE
We have undertaken a range of procurement projects for a variety of clients.
1. Procurement Framework Assurance review for Australian Securities and Investments Commission (ASIC) ASIC engaged Proximity for an independent assurance review of its Procurement Framework and capabilities. Proximity undertook a risk and control assessment of ASIC’s procurement framework and its application across the organisation to identify opportunities for improvement. Proximity staff meet with stakeholders across ASIC and undertook
an in depth review of procurement policies and procedures.
This detailed review follows on from a high level review that ASIC engaged Proximity to undertake in 2020. This earlier review made actionable recommendations in eight key competency areas, focusing on improving capability and ensuring the framework’s effectiveness.
2. Operational Policy and Practice
Optimisation Project for NDIS Quality and Safeguards Commission
Proximity is working with the Commission as part of an agency wide policy uplift to review and revise operational policies and procedures. The project is supporting the Commission’s transformation from a decentralised regulatory model to a centralised national operating model.
In 2023, Proximity worked with the Commission to develop a policy and procedure review methodology, a policy framework, policy and procedure templates and a policy development guidance template. In 2024, Proximity is working with the Commission to embed
these changes in practice, including through the development of a detailed change program and targeted capability uplift.
WGEA, facing an urgent requirement to implement a package of legislative reforms to close the gender pay gap, engaged Proximity to help improve its procurement framework and practices. Proximity’s support saw major improvements that enabled WGEA to conduct effective, defensible procurement processes leading to value for money outcomes that complied with procurement law and policy.
Facing time and other pressures, Proximity helped address the immediate procurement requirements for WGEA, while also improving WGEA’s procurement culture, practices and artefacts. The work involved significant stakeholder engagement and training to ensure a heightened awareness across the agency regarding procurement. Proximity also assisted WGEA with procurement
templates, training and strategies, equipping the Agency to independently and confidently undertake effective, value for money procurements.
We provide high quality procurement and tendering support through a range of delivery methods, including on site, advisory and consultancy services.
We design, structure, draft and implement
We provide high quality procurement and tendering support through a range of delivery methods, including on site, advisory and consultancy services.
sound but practical procurement strategies and documentation that is tailored for the size and scale of the activity. Get in touch today and we’d love to discuss your procurement needs and see how we can support you. ■
SERVING UP A COHESIVE AND EFFECTIVE PUBLIC SERVICE
In the six years from 2018 to 2023 the APS ranks grew by 20,075 employees. Beyond increasing headcount, the APS is now legally bound by the concept of stewardship. This means the APS must “look ahead and provide advice that considers the long‑term interests of Australians” and “maintain the knowledge and capability to support its functions.”
To meet the high standards of stewardship and accommodate for a significant new cohort, the APS must continuously refine its techniques and embrace the process of continuous improvement. This means experimenting, being comfortable with failing fast, adjusting, and always striving for better results to ensure outputs are of the highest quality.
This is their chance to refine their approach for
success.
Let’s imagine the APS as a gourmet kitchen. Each department is a specialised station, every public servant a skilled chef, and together they craft a complex, multi course meal. The recent boost in APS capacity and the rebuilding of the Commonwealth public service is like a chef receiving a fresh set of high quality ingredients. It’s an exciting opportunity to whip up something amazing, but it also presents challenges. With renewed focus on professionalising and embracing the role of stewardship, driven by the Thodey review, departments and agencies are now set to advance a revitalised agenda. This is their chance to refine their approach for success.
A CHALLENGING OPERATING ENVIRONMENT
Those who’ve been working with and in the Australian Public Service (APS) for years understand the focus on building improved capability and capacity is not new. Yet recently, this focus has intensified. Amid this culinary transformation, the APS kitchen faces intense scrutiny and demands for transparency. Think of it as having food critics constantly peering over your shoulder. High‑profile issues like Robodebt, FOI court rulings, and the personal price paid by those in power who are seen to misuse it, have turned up the heat, weighing heavily on public servants wary of taking risks. This has pushed decision making further up the hierarchy, leaving the junior employees de skilled and feeling underutilised and unmotivated.
Imagine trying to perfect a dish when your sous chefs keep leaving for other restaurants.
Meanwhile, the APS is dealing with a revolving door of talent. Imagine trying to perfect a dish when your sous chefs keep leaving for other restaurants. The high competition for skilled workers makes it hard to maintain momentum and retain the know how needed to keep everything running smoothly. And let’s not forget the scrutiny over government consulting spend, which means any outside help must be hired with the utmost diligence in line with the Commonwealth Strategic Commissioning Framework.
A FOCUS ON CONTINUOUS IMPROVEMENT
To tackle these challenges, agencies are setting up centres of excellence. Evaluation hubs, coordination units, and program offices are increasingly in the mix, each with a unique role but a shared goal: to provide strategic oversight, preserve corporate knowledge, and ensure a consistent and efficient approach. The main challenge is to blend these elements seamlessly with the core business activities, much like ensuring every ingredient in a dish complements the others.
The main challenge is to blend these elements seamlessly with the core business activities.
For the APS to function like a well oiled machine, its components must work together harmoniously to form a complex and unified whole with a specific purpose. This is where continuous improvement comes in. Every member of the team needs to engage in ongoing reflection and problem solving.
Building capability successfully requires more than individual effort; it demands a combination of key ingredients: psychological safety, a growth mindset, a feedback culture, results oriented management (not presenteeism), a shared organisational purpose, and strong leadership at all levels. When these elements come together, you get an Australian public service where innovation and excellence thrive.
Let’s imagine the APS as a gourmet kitchen. Each department is a specialised station, every public servant a skilled chef, and together they craft a complex, multi course meal. The recent boost in APS capacity and the rebuilding of the Commonwealth public service is like a chef receiving a fresh set of high quality ingredients. It’s an exciting opportunity to whip up something amazing, but it also presents challenges.
BUILDING CAPABILITY AND LEVERAGING DATA AND INSIGHTS
With a culture of continuous improvement in place, the next step is to build the capability of everyone. This is critical in today’s world, where every government portfolio faces its own set of crises. Whether it’s environmental issues, national security, economic challenges, or social concerns, these complex problems require strategic and systemic solutions, and governments have limited time to make a real impact.
To make informed decisions, these departments must gather and preserve historical and corporate knowledge. Data helps decision makers understand what works, for whom, and under what circumstances. It also standardises approaches and systematises processes to align with best practices, ensuring efficiency and consistency in operations.
MEETING THE CHALLENGES AHEAD
As the government continues to enhance its data capabilities and invest in its people, systems, and culture, this approach drives corporate knowledge and alignment. With the right tools, data capture, and a mindset focused on continuous improvement, the APS can transform from a reliable kitchen serving up standard fare to a dynamic, innovative culinary powerhouse capable of creating bold, exciting flavours. Proximity has the tools and know how to ensure every government department is ready to meet the community’s needs and expectations. The APS is set to become a master chef in the 21st century world, blending tradition with innovation to serve up the perfect dish every time. ■
1. Appendix 1 | APS workforce trends | Australian Public Service Commission. Available at: https://www.apsc.gov.au/initiatives and programs/workforce information/research analysis and publications/ state service/state service report 2023/appendices/appendix 1 aps workforce trends
2. Budget 2024: Australian Public Service payroll surges to 300,000. Available at: https://www.themandarin.com.au/246297 budget 2024 aps payroll headcount surges to 300000
3. Embedding stewardship as an APS Value | Australian Public Service Commission. Available at: https://www.apsc.gov.au/initiatives and programs/workforce information/research analysis and publications/ state service/state service report 2023/working aps/embedding stewardship aps value
4. Robodebt Royal Commission | Australian Public Service Commission. Available at: https://www.apsc.gov.au/initiatives and programs/ workforce information/research analysis and publications/state service/state service report 2023/integrity/robodebt royal commission
5. Sports rorts legal win FOI saga sends a warning to public servants. Available at: https://www.themandarin.com.au/242484 legal win in sports rorts foi saga sends a warning to public servants
SAMANTHA MAYES Special Advisor
CASSANDRA KOCH Special Advisor
6. Pezzullo breaks his silence and says he didn’t have to be sacked | PS News. Available at: https://psnews.com.au/pezzullo breaks his silence and says he didnt have to be sacked/133194
7. Mobility in the APS | Australian Public Service Commission. Available at: apsc.gov.au
8. APS Strategic Commissioning Framework | Australian Public Service Commission. Availale at: https://www.apsc.gov.au/publication/aps strategic commissioning framework
9. The Systems Thinker – Introduction to Systems Thinking. Available at: https://thesystemsthinker.com/introduction to systems thinking
10. Edmondson, Amy C., author.Teaming: How Organizations Learn, Innovate, and Compete in the Knowledge Economy [electronic resource] / Edmondson, Amy. Jossey Bass, 2012.
11. Dweck, 2007. Mindset: The new psychology of success. Ballantine Books
10. Monica L. Wang, ScD, MS1,2; Marie Rachelle Narcisse, PhD3; Katherine Togher, MPH, RD1; et alPearl A. McElfish, PhD4, Author Affiliations Article Information JAMA Netw Open. 2024;7(3):e243439. doi:10.1001/jamanetworkopen.2024.3439. Available at: https:// jamanetwork.com/journals/jamanetworkopen/fullarticle/2816735
ABOUT THE AUTHORS
Sam has had a varied career across government and consulting, focusing on the intersection between social policy and social psychology, to measure what works in achieving strong outcomes for our community.
Cassandra brings close to 30 years’ experience in senior and executive Australian public sector roles predominantly in law enforcement and national security operating environments.
SAFE AND RESPONSIBLE ARTIFICIAL INTELLIGENCE
Why does it matter and how to ensure it?
Artificial Intelligence is evolving at breakneck speed. While AI businesses pledge their commitment to the ethical design, development and deployment of artificial intelligence through internal controls and industry developed non binding standards, nations across the world are grappling with how best to ensure AI’s risks are appropriately managed and its opportunities maximised in a safe and responsible manner.
There’s so much to unpack when it comes to how to effectively regulate for the safe and responsible use of AI. From how we define AI to what we intend by “safe and responsible”, from who in the AI value chain we aim to influence through regulation and methods to identify tangible (and ideally quantifiable) risks and challenges that this emerging technology presents. It’s a balancing act as in tandem, we try to support businesses and individuals with how to leverage the technology to benefit from the incredible potential of AI. This article unpacks a few key concepts and suggests how government portfolios grappling with the regulation of this cross sectoral technology can collaborate and align approaches to ensure its effective regulation.
There’s so much to unpack when it comes to how to effectively regulate for the safe and responsible use of AI.
THE IMPETUS BEHIND CALLS FOR REGULATION OF AI
As ASIC Chair Joe Longo highlighted in a speech on AI regulation earlier this year, the development and deployment of AI in Australia is hardly a lawless “Wild West”.1 To varying extents, AI developers and deployers are subject to Australia’s existing suite of (generally) technology neutral laws and associated regulatory frameworks.
Despite this, evidence indicates that a majority of Australians have low trust in AI, and are either unsure or disagree that existing protections are sufficient to ensure safety against AI related harms2. They are not isolated in their concerns: the Bletchley Declaration, signed by Australia amongst a group of 28 countries and the EU on 1 November 2023, welcomed “recognition that the protection of human rights, transparency and explainability, fairness, accountability, regulation, safety, appropriate human oversight, ethics, bias mitigation, privacy and data protection needs to be addressed”.
With trust already low, AI related safety incidents risk hampering the sector’s development and impacting our ability to reap the significant public and private benefit of this emerging technology. Effective regulation is critical to mitigate the risk of individual and social harms, to ultimately provide the public and businesses with certainty and confidence. Longo’s closing point on existing regulation remains salient: “is this enough?”
Effective regulation is critical to mitigate the risk of individual and social harms, to ultimately provide the public and businesses with certainty and confidence.
HOW GOVERNMENTS ARE RESPONDING
The Australian Government has committed to investigating options for a risk based approach to regulating to ensure safe and responsible AI. As confirmed at the 2024 Budget, this will include consultation on potential mandatory, risk based guardrails applying generally to AI systems, and consideration of options to strengthen and clarify existing laws which already regulate (or should regulate) AI in particular domains.
At time of writing, there are diverse approaches to AI regulation amongst similar developed nations despite agreement that alignment will be crucial. Figure 1 provides a simplified snapshot of how these approaches compare, both in terms of how mandatory key regulatory instruments are, and the breadth of their application.
THE COMPLEX NATURE OF AI REGULATION
The characteristics of AI technologies pose specific challenges to designing and implementing effective regulation, so they need to be closely considered in any regulatory approach.
• Defining AI: Any bespoke regulatory approach faces the challenge of how to define AI to ensure sufficient legal certainty of what it applies to, while remaining sufficiently flexible to account for paradigmatic changes in AI’s nature and capabilities.
• Setting the requirements for “safe and responsible” AI: Agencies must determine what safe and responsible means in their particular context, and what obligations and associated regulatory tools are required to achieve that.
• Identifying and quantifying critical risks: Quantifying tangible risks and challenges is critical to operating a risk based regulatory system, which can use limited resources to monitor, investigate, and enforce regulatory non compliance most effectively.
• Addressing the complex AI value chain: Regulation must be targeted to achieve regulatory outcomes that are efficient and effective. It needs to influence the right actors at the right time to minimise burden and maximise outcomes. The complex nature of the AI value chain, which may include a range of organisations across multiple jurisdictions, makes this challenging.
INITIAL ACTIONS FOR POLICYMAKERS AND REGULATORS
All areas of government will need a baseline understanding of AI issues to ensure effective coordination of an approach to safe and responsible AI. As a starting point, public sector personnel at all levels can engage meaningfully with safe and responsible AI in their domain, by taking the following actions:
1. Read up: Develop a baseline understanding of AI’s applications, technical and ethical challenges. Acknowledging the complexity of the field and rapidity of change, utilise accessible resources including those published by DISR, the National AI Centre and academic institutions. Engage with experts and stay informed about emerging trends—both in your domain and more broadly.
2. Build capability: Invest in AI literacy. Recruit and train policymakers, regulators, and legal professionals at all levels to understand AI and navigate AI related issues effectively. Review your policy, regulatory, and legislative tools to identify any gaps, challenges or risks to mitigating AI related harms.
3. Link up: Collaborate with critical stakeholders— including other government agencies, industry, academia, and civil society. Share insights, concerns and positions to ensure that critical risks are shared and don’t fall through cracks. Seek to engage with both central agencies and line agencies to address key pain points, especially areas of intersection and duplication.
4. Horizon scan: Anticipate future AI developments. Consider the impact of quantum computing, autonomous systems, and AI driven decision making on key activities and stakeholders in your domain. While you might not be able to predict all in a fast moving and complex field of technology, practicing preparation will give you the tools to adapt more quickly to change.
Proximity’s multi disciplinary experts are knowledgeable in the challenges of designing, developing and reviewing complex and innovative regulatory frameworks. From assurance reviews to seconded lawyers, we can help ensure that you’re equipped to best seize the opportunities and manage the risks of AI in your domain of regulatory and policy expertise. ■
Proximity’s multi‑disciplinary experts are knowledgeable in the challenges of designing, developing and reviewing complex and innovative regulatory frameworks.
KYLE WOOD Senior Advisor
ABOUT THE AUTHORS
Declan is a high performing Special Advisor working across Proximity’s consulting, legal, and commercial service lines. Declan has a particular interest in cross disciplinary synergies, leveraging lessons learned from legal engagements in commercial and consulting work, and vice versa.
Kyle is a highly versatile Senior Advisor, with experience solving complex challenges covering a range of sectors and at both state and federal government levels.
DECLAN NORRIE Special Advisor
NAVAL SHIPBUILDING IDENTITY ASSURANCE
PROJECT FEATURE
Proximity sets a new standard in project implementation working with Auscheck.
Proximity was engaged to implement legislative changes to address security and operational issues at Osborne Naval Shipyard. The team also focused on transitioning the Naval Shipbuilding and Sustainment project to BAU, ensuring continuity and sustainability of operations. As embedded resources within the AusCheck Branch at Home Affairs, the Identity Assurance Program (IAP) set a new standard in project implementation.
Proximity was initially engaged to provide multi disciplinary advisors to augment the existing project team responsible for delivering the Naval Shipbuilding Identity Assurance (NSIA) program, a partnership between Home Affairs and the Department of Defence. The program delivered for the first time new capabilities and services that were successfully rolled out to Osborne Naval Shipyard in April 2023, as a first use
of critical infrastructure reforms for the Australian naval shipbuilding enterprise nationally. After successfully completing this project, Proximity was engaged to deliver the next phase.
PROBLEM
The new project which Proximity was tasked with, presented unique challenges as the business was required to deliver complex legislative changes to sensitive industry groups within a tight timeframe.
SOLUTION
Proximity took a proactive approach and navigated challenges with agility. Adept change management strategies were employed to navigate the complexities of this change.
IMPLEMENTATION
Drawing from the successful blueprint of the initial project, the team leveraged similar phases to achieve success, maintain momentum and ensured a seamless transition to the next phase of the project.
In the delivery phase Proximity
• Developed a comprehensive communication plan.
• Successfully delivered complex legislative changes to sensitive industry groups
• Delivered targeted workshops, ensuring every effort was made to facilitate a smooth transition and minimise disruptions to industry operations.
• Through broad engagement, the team forged consensus and built trust among the stakeholders, laying a solid foundation
for successful implementation.
• Ensured alignment at every level of the organisation and facilitated swift decision making, crucial for meeting the project’s tight deadlines
• Managed expectations of executives and Minister’s office by maintaining open lines of communication.
RESULTS
Proximity’s contemporary project management style, carefully crafted and refined through years of experience set it apart. The team’s dedication, expertise, and innovative solutions not only met but exceeded expectations, and led to the extension of the partnership with Home Affairs. With a focus on seamless transition, the Proximity team is poised to continue its transformative impact, driving success for its clients.
The Executive at Home Affairs commended the project team for delivering on schedule and on budget. This achievement is a
testament to the professionalism, expertise, and collaborative spirit of the Proximity team. Proximity remains committed to upholding the highest standards of excellence and innovation in all our its endeavours.
The Executive at Home Affairs commended the project team for delivering on schedule and on budget. This achievement is a testament to the professionalism, expertise, and collaborative spirit of the Proximity team. Proximity remains committed to upholding the highest standards of excellence and innovation in all our its endeavours.
CONCLUSION
Proximity’s multidisciplinary team collaborated closely with stakeholders and brought together a rich tapestry of skills and perspectives to address industry feedback while upholding legal rigour and national security imperatives. Each advisor’s unique background and insights played a pivotal role in shaping these legislative changes, ensuring they were not only legally sound but also pragmatic and responsive to industry needs. Moreover, the team’s commitment to inclusive decision making and stakeholder engagement proved instrumental in garnering support and buy in from key industry stakeholders. ■
LEGISLATION TO IMPLEMENTATION
From legislation to implementation, Anthony Honeyman delves into the strategies for assuring success.
Although often taken for granted, legislation is behind everything we do. Shaped by policy, legislation guides how we participate in our communities, regulates how we do business, strives for equity for our citizens and protects our safety. Responding to community, industry, economic and a range of other needs, the transformation of government programs is often driven by the introduction of new or amended legislation. This presents a significant challenge for organisations as it’s imperative they successfully translate legislative intent into real world practice.
CONTEXT
The introduction of the following federal legislation in Australia over the past 15 years presents just a few examples of significant, transformative implementation challenges:
• Carbon Credits (Carbon Farming Initiative) Act 2011—Enables the ongoing delivery of emissions reduction initiatives.1
• The Biosecurity Act 2015—Regulates how potential risks to human and environmental health from imported materials are managed.2
• New Aged Care Act—Recently released for consultation, this future change to legislation is a key part of the response to recommendations from the Royal Commission into Aged Care Quality & Safety.
THE CHALLENGE
While some legislative changes are more significant than others, generally, the same common steps can be expected when a change is introduced, including:
1. Setting intent: A new measure is announced, including the planned legislative changes and the timeframe within which it will take effect.
2. Program identification: The program(s) that operate under the legislation need to be established or adjusted, meaning the need for new business practices to be explored and, often, new technology solutions.
3. Project establishment: Across the organisation(s) involved, projects are initiated to manage and deliver the transformation
LET’S IMAGINE YOU’VE BEEN MADE RESPONSIBLE FOR TRANSFORMING A PROGRAM THAT DELIVERS A RANGE OF SERVICES TO ALL AUSTRALIANS…
SETTING UP FOR SUCCESS
An approach for successful implementation might include the following…
• Policy and legislative intent: Understanding the legislative framework, the outcomes it has been developed to deliver and the policies that shaped it.
• Defining the target state: Start by describing the key outcomes that need to be delivered. Addressing the needs of People, Process, Information and Technology (more on that soon), this vision for the future can be developed into a mature, fully featured description of how the new world will operate and become an effective way to keep design aligned to the intent.
• Design and delivery: Explore and describe the process and system changes needed for implementation, ensuring the team involves key stakeholders to inform design—they include citizens and other participants in the program (like system users), the staff that need to administer the program, delivery partners who will support the program and may also include parties that will regulate the program.
• Assurance: Build ongoing assurance activities into the design and delivery process. This key project role needs to ensure that everything in the design traces back to the policy and legislative intent, is cohesively integrated and successfully managed for on time delivery. This includes planning and establishing appropriate governance to guide the transformation.
• Validating readiness: Test everything—it’s not just system changes that need testing, a full rehearsal of processes end to end, including off system steps, is critical to validate whether the organisation is ready to smoothly transition to the target state.
• Proactive change management: A structured, highly detailed, comprehensive transition plan is needed to support all of the parties that are impacted by the change, whether they are citizens or staff that assist them. This includes clear communication, training, user friendly tools and other mechanisms that may be needed to support those affected in adopting changes.
APPROACHING DESIGN
When embarking on a complex policy and/ or legislative implementation, first define the ideal outcomes and work backwards. Once the legislative framework and the policies that shaped it are understood, define the implementation program’s objectives by describing what success looks like.
When embarking on a complex policy and/or legislative implementation, first define the ideal outcomes and work backwards.
Drawing on a frame of reference that considers needs in the context of People, Processes, Information and Technology, a slightly more data focused variation on the PPT framework popularised by Bruce Schneier and originally based on Leavitt’s “Diamond Model”3, provides a useful lens to explore requirements and describe a design that will successfully enable the change.
Defining an initial set of success criteria might look like:
• People: Through a well managed change and transition program, everyone knows what’s changing, when the change will happen and what they need to do when using new processes and systems.
• Process: New ways of working are in place that adapt service delivery activities and maintain excellent channels for citizens to access services. These new processes take advantage of and comply with the new legislation.
• Information: Any data that is captured, created or used by the program aligns to the requirements of the legislation and is secure, used efficiently and used in a compliant manner.
• Technology: Modified systems are in place to support citizens participating in the program, providing efficient, intuitive ways to provide information, raise requests and receive services.
Now with a set of outcomes described, the design process and ongoing assurance steps to check that it remains aligned with the policy and legislation intent can be formally planned and commenced. By embedding assurance early and assessing both progress and alignment at regular points throughout the implementation, valuable insights about where design is heading and early warning of any gaps that need to be managed can be achieved.
At
Proximity, our team offer decades of combined experience partnering with organisations that are delivering significant, national transformation programs.
At Proximity, our team offer decades of combined experience partnering with organisations that are delivering significant, national transformation programs. Whether there’s a need for a robust, ongoing design assurance capability, support with delivery planning, management and governance arrangements or assistance and advice with procurement and contracting processes across the program, we can assist. ■
ANTHONY HONEYMAN Principal Advisor National Lead—Consulting
ABOUT THE AUTHOR
Anthony has extensive experience in management consulting, having previously been Chair and a founding Partner of a large government consulting firm as well as a Managing Director for one of the world’s largest consulting firms with responsibility for the delivery of consulting services across the Australian Federal Government.
1. A guide to using the domestic, commercial and industrial wastewater method, 22 March 2024. Available at: https://cer.gov.au/schemes/ australian carbon credit unit scheme/accu scheme methods/domestic commercial and 2
2. The Biosecurity Act 2015. Available at: https://www.agriculture.gov. au/biosecurity trade/policy/legislation/biosecurity legislation
3. People, Process, Technology Framework (PPT Framework): An Overview. Available at: https://www.mirrorreview.com/ppt framework an overview
MEET AARTI KASHYAP
Aarti is an experienced program and project specialist with over 15 years of experience working across multiple Commonwealth agencies. Aarti is married to Shay and has two girls and a very talkative husky.
Q Tell us how you came to join Proximity.
A My decision to join Proximity was strongly influenced by my previous experience working with the business. During my time in Government, I engaged Proximity to provide expert advice on a large procurement project. I was thoroughly impressed with the level of professionalism, expertise, and the quality of services the team delivered. Joining Proximity felt like a natural progression, allowing me to continue working in an environment committed to excellence and impactful solutions.
Q What is your proudest moment in a professional context?
Q What advice would you give to someone starting out in their career.
A As someone who has worked my way up from an APS 4 through to becoming the Director of People, my key advice is:
• Be curious and eager to learn: Ask questions, seek feedback, and never stop learning.
• Build strong relationships: Take the time to build relationships with your colleagues, mentors, and other professionals in your field. These connections can provide support, advice, and open doors to new opportunities.
• Be adaptable and open to change as workplaces constantly evolve.
A One of my proudest moments in my professional career came while working at Services Australia during the COVID 19 pandemic. The swift and effective response we managed to deliver during this crisis stands out as a testament to the power of teamwork, resilience, and dedication. As the pandemic unfolded, it became immediately clear that rapid changes were necessary to ensure that patient health remained uncompromised. This involved not just amending existing legislation but also engaging with key stakeholders, including peak bodies, to ensure a unified and effective approach. Navigating the complexities of this situation required comprehensive stakeholder engagement, where collaboration with peak bodies was crucial. My team had to ensure that all voices were heard and that the changes we implemented were both practical and beneficial for the healthcare system.
• Be patient and persistent: Career growth takes time. Be patient with your progress and persistent in your efforts. Set goals, stay focused, and remember that perseverance is key to achieving long term success.
Q What keeps you awake at night?
A My thoughts are frequently occupied by the safety and wellbeing of my daughters in this ever changing world. As a parent, it’s natural to worry about the challenges our children face today. With the complexities of social media to ensuring they are safe in their daily environments, there are countless factors that can cause concern. I constantly think about how to equip them with the tools they need to make smart decisions, stay safe, and thrive in a world that is rapidly evolving.
Q With an eye to the future, what does success look like for you?
A The invaluable insights gained from my time in government have equipped me with a unique perspective. I’m committed to use this experience to provide strategic guidance to Proximity’s clients, helping them navigate complex regulatory environments, optimise operations, and achieve their goals. I am also eager to continue to work alongside the talented team of professionals at Proximity to address emerging trends and challenges.
■
OPERATIONAL POLICY AND PRACTICE OPTIMISATION
NDIS
Safeguards and Quality Commission Operational Policy and Practice Optimisation
Project.
The NDIS Quality and Safeguards Commission (the Commission) is undertaking a large scale transformation to move from a decentralised regulatory model to a centralised national operating model.
Proximity is working with the Commission to support this transition by establishing an operational policy framework with fit for purpose policies, procedures and supporting documents, and staff who are empowered and capable to perform their roles.
Initially Proximity worked with the Commission to develop: a policy governance framework including policy and procedure templates and a policy development guidance template; a methodology to optimise the existing suite of policies, procedures and supporting material to align to the new policy framework; and a change strategy to guide how the Commission would transform to new ways of working.
We are now working with the Commission as it optimises its regulatory practice, including through the development of targeted capability uplift initiatives through the implementation of our change management strategy.
The Commission is transforming from a decentralised regulatory model to a centralised national operating model. With a policy framework established, it required further support to optimise its regulatory practice through the development of targeted capability uplift initiatives as part of the
implementation of a change management strategy.
The Proximity team, experts in government regulation, project management, and stakeholder engagement, focused on consistent outcomes and reducing operational challenges for Commission staff. Our project was divided into parallel workstreams: project integration, policy governance design, and change management, supported by capability uplift and risk management.
We are now working with the Commission as it optimises its regulatory practice, including through the development of targeted capability uplift initiatives through the implementation of our change management strategy.
An Agile approach was adopted for project management. Policy governance design involved document reviews and stakeholder consultations. Strawperson models were created to shape the policy framework, covering policy triggers, approval pathways, record keeping, roles, responsibilities, and templates. The Policy Assessment Criteria guide policy owners in drafting and maintenance, while the optimisation process aligns existing artefacts with the new framework.
The Change Strategy, using the Prosci ADKAR model, analyses the current state and stakeholders, assessing change impact and readiness. A comprehensive review of 90+ documents and stakeholder consultations informed the current state analysis, highlighting growth and guiding policy arrangements.
Stakeholder analysis identified key groups, their roles, and needs. The Stakeholder Engagement Model outlined transitioning processes, defining roles, impacts, and engagement plans. Impact assessment principles evaluated changes in people, processes, and systems. Tailored assessments and readiness ratings (Limited, Developing, Moderate, Optimal) guided the process.
Capability gap assessments identified current and future needs using APS Commission standards. Change risk assessments identified potential obstacles and mitigation strategies. The Living Change Strategy and Implementation Plan provided a phased, adaptable approach aligned with readiness components.
With Proximity’s help, the Commission is immediately responsive to external drivers and scrutiny and working to establish itself as a nationally coordinated regulatory body with operational policies and procedures aligned to industry best practice. At the same time, the Commission is signaling its commitment internally for success by ensuring sustained momentum, growth and alignment with regulatory strategic goals. Ultimately, the Commission is improving how it operates and by extension, the impact it has in the regulatory landscape.
With Proximity’s help, the Commission is immediately responsive to external drivers and scrutiny and working to establish itself as a nationally coordinated regulatory body with operational policies and procedures aligned to industry best practice.
ETHICAL BEHAVIOUR USED
• Our focus was on minimising disruption to stakeholders during design and capability uplift, demonstrating a focus on responsible consulting.
• Our communication strategies prioritised inclusivity and open dialogue with all levels of stakeholders, building trust and support.
• We safeguarded sensitive information with strict security protocols, in compliance with Commission requirements.
SUSTAINABILITY CONSIDERATIONS
• We involved stakeholders not only in alignment with the immediate project but in shaping the long term vision for the capability. This was done through establishing good project governance arrangements, and a project working group.
• Proximity designed modular solutions and documented processes thoroughly to facilitate project updates and adjustments. This minimises the risk of the entire solution becoming obsolete quickly, reducing waste and extending its useful lifecycle.
The Proximity team brought deep knowledge and understanding of government regulators, and included expertise in project management, operational practice and design, business analysis, change management and stakeholder engagement. Our approach focused on consistent, high quality outcomes and reducing the operational challenges faced by Commission staff, ensuring streamlined and fit for purpose content would be available for staff to undertake their regulatory role efficiently and effectively. ■
MEET RENAE DOMASCHENZ
Renae has in depth experience in working with multidisciplinary teams in areas such as health and innovation, education, program evaluation, governance and policy, strategy, compliance and sports advisory. If you get up early enough, you can also spot Renae coaching the next wave of Olympic rowing heroes on Lake Burley Griffin.
Q Tell us how you came to join Proximity.
A I was searching for a firm that would fit my values, enable me to approach my work with a new perspective, and free me from the rigidity and limitations that come with working for larger consulting organisations. Proximity is a fantastic fit for this since it encourages innovative and customised service delivery.
Q What is your proudest moment in a professional context?
A I’m most proud of the times I’ve achieved a goal that was difficult to reach as well as the times I went above and beyond to achieve success. These have been transforming, memorable, and career defining experiences that have had a long lasting effect on my professional growth.
Q What advice would you give to someone starting out in their career.
A Think like a leader. Be confident but humble. Really consider the problem in all its facets. Unpack it, do the research, ask the client thoughtful questions, mobilise relevant teams, and ultimately, drive to solutions through hypothesis based thinking.
Q What keeps you awake at night?
A Wondering whether poison is more poisonous or no longer poisonous if it passes its expiry date and how Neil Armstrong was the first person to land on the moon and how strange it is that Neil A backwards, spells Alien.
Q With an eye to the future, what does success look like for you?
A Aligning my work and life with my values is what I’d consider a success. Through my career I aim to create something of value that has a positive impact on people.
Q Away from work, what is your passion?
A Anything outside. I love getting outside before sunrise—rowing, hiking, running, birding, breathing crisp, cold air. Exploring forests without a particular destination in mind. I love the experience of connecting with something bigger than my own little self. ■
We understand that people and careers go further when they’re supported. View our opportunities, learn more about our careers and culture, and make Proximity work for you.
proximity.com.au/careers and culture recruitment@proximity.com.au 1800 959 885