The Pulse Magazine – Edition 14 by SPA Australia

MAXIMISING CLIENT RESULTS THROUGH MULTIDISCIPLINARY DELIVERY

Explores how to maximise client value through a multidisciplinary delivery model. GOING FURTHER TOGETHER

SO YOU THINK YOU KNOW BEST?

Defensible decisions through independent and impartial critical thinking and analysis.

Systems Planning and Analysis acquires Proximity.

BRIDGING THE PROCUREMENT GAP Why Capability Reviews are critical for Agency success.

TAKING THE TIME TO EARN TRUST

Contract conundrums and how to navigate the complexities of various contract issues.

WELCOME TO THE LATEST EDITION OF THE PULSE

Welcome to the latest edition of The Pulse where we unpack and explore the latest trends and changes affecting Government and share our insights and advice to support our clients to remain equipped and resilient into the future.

This is our first edition since we joined forces in March with our new parent company, Systems Planning and Analysis (SPA), a global advisory and technical services firm supporting government clients across national security programs and defence priorities.

For over five decades SPA has provided analysis and data-driven insights for some of the most complex, sensitive missions in government. SPA was a natural fit given

our shared commitment to integrity and client service as well as SPA’s deep defence and technology expertise. We’ve integrated seamlessly and identified many areas of growth. For our clients, it means increased offerings and more diverse services, to support you to achieve your strategic objectives. You can read more about what this means for our clients on page 2.

Our offering to clients is now bolstered by the deep analytical and global expertise brought to us by SPA.

We remain focussed on delivering exceptional work and are committed to our multidisciplinary approach providing holistic solutions, avoiding the need for government to engage multiple service providers.

In this, the 14th edition of The Pulse, we’ve thoughtfully curated a raft of thought leadership articles from across the Consulting, Commercial & Analytics, and Legal Government landscape.

We hope this issue provides you with valuable insights and we look forward to going further, together.

ZOE LYNAM Managing Director, Proximity and SPA Australia

GOING FURTHER, TOGETHER.

Systems Planning and Analysis acquires Proximity.

You may have already heard the news that in March we joined forces with Systems Planning & Analysis (SPA), a premier independent global advisory and technical services firm supporting complex national security programs and defence priorities.

This exciting development means we’re able to offer an even wider range of enhanced services, bolstered by international scale and expertise.

Finding the right partner for Proximity Proximity has always been an ambitious company.

Since we were founded in 2011, our team has grown to more than 100 employees working on projects across all levels of Government, including the largest Commonwealth departments and agencies.

Whilst our rapid growth has happened organically, we were looking for a step change that would future-ready our business, equipping us with cutting-edge technology

While our services complement each other, we also each bring unique capabilities to the table.

and advanced practices while fostering connections with international experts to address the diverse needs across our wide client base.

We set out on an extensive search for a like-minded partner who had aligned values and aspirations but one that was also forward-thinking and of a calibre that would propel us to the next level.

Our pursuit led us to SPA.

A natural fit that bolsters our service offerings

For more than five decades, SPA has specialised in providing analysis and data-driven insights to clients across the defence, intelligence, and homeland security portfolios.

SPA employs more than 2200 people worldwide with 15 office locations across the US, UK and Australia.

We saw synergies with SPA given our many services in common—policy development, project management, and commercial—as well as our shared commitment to integrity, performance and impact, and our deep defence expertise.

While our services complement each other, we also each bring unique capabilities to the table.

SPA’s capabilities include modelling and simulation; strategy and policy; national security protection; artificial intelligence, machine learning and decision analytics; future force assessment; and software, cyber security, and cloud—just to name a few.

SPA also provides access to a global platform, cutting edge technologies and a dedicated R&D facility.

Proximity is well-established in the Australian market, with unrivalled legal abilities, as well as a raft of specialisations in commercial and consulting.

A smooth transition already in progress

Proximity’s daily operations won’t change, other than a bolstering in the range of services we can now offer our clients.

For now, we’re known as Proximity an SPA Company, but we will transition to SPA Australia in late 2025.

Our CEO, Zoe Lynam, has taken the helm as Managing Director of SPA’s Australian operations, leading a combined team of 130+ employees across Canberra, Melbourne, Sydney and Adelaide.

Please be assured, our commitment to providing the first-rate client service Proximity is known for won’t change. ■

Offering clients a wider range of services, bolstered by international scale and expertise.

We combine technical dexterity and practical experience to generate solutions in:

COMMERCIAL

Procurement & Tendering

Contract & Vendor Management

Probity

Business Cases & Costs Models

LEGAL

Project & Program Management

Negotiation

Corporate & Commercial Law

Public Law

On-Site Legal Services

Workplace Law

Property & Environment Law

Litigation & Dispute Resolution

Evaluation, Assurance & Review

Governance

CONSULTING

ADVANCED MODELLLING

Business Process Improvement

Organisational Design & Change Management

Regulatory Development & Reform

Independent Cost Assurance

Wargaming, Exercise Experimentation & Support

ANALYSIS

DECISION SUPPORT

Force Structure Analysis of Alternatives

Sustainment Analysis & Optimisation

Operations Analysis

Concept Development & Validation

Support to Experimentation & Wargaming

Mission Risk & Performance Analysis

Capability Requirements Analysis

How

MANAGING DIRECTOR WELCOME

Zoe Lynam

Redefining administrative law to prevent harm. 15 MEET MELISSA RANDALL Special Advisor.

SO YOU THINK YOU KNOW BEST?

Defensible decisions through independent and impartial critical thinking and analysis.

19 MEET DAVID BROWN Director Maritime.

UNDERSEA CAPABILITY

SPA is widely considered as a leading submarine authority in the US.

How competitive dialogue empowers agencies to succeed.

Why

Strategic project assurance is a critical enabler that strengthens decision-making.

How to engage stakeholders in an environment where trust is scarce, tensions run high, and every conversation carries weight.

How to maximise client value through a multidisciplinary delivery model.

An integrated public service is vital to the Australian public.

COPYRIGHT AND THE CROWN

Commonwealth agencies face significant challenges in protecting their brand. We explore why copyright enforcement, rather than traditional trademark or consumer law actions, may offer a more effective strategy.

Commonwealth agencies (‘Agencies’) have many materials that could be considered as their ‘brand’. This includes their Agency logo and images relating to their services (e.g. the Centrelink logo, the Veterans Card, the NDIS logo). In this article, we will refer to these various branding materials as ‘Crown branding’.

While the use of the Commonwealth Coat of Arms and other Crown branding is governed by the Australian Consumer Law (ACL), found in schedule 2 of the Competition and Consumer Act 2010, the Trade Marks Act 1995, and the Criminal Code Act 1995, these have not prevented unauthorised use of Crown branding by third parties. For example, many NDIS service providers include the NDIS logo on their websites. Companies offering benefits to veterans often include an image

of the Veterans Card logo on their advertising materials. A cursory search through the internet will show how much Crown branding is used by other entities, most likely without explicit permission or authority from the relevant Agency.

This unauthorised use of Crown branding can give rise to the inaccurate perception that these goods or services providers are either somehow connected to the relevant Agency or are endorsed by the Agency. Even in cases where such association or endorsement is not implied, the unauthorised use of Crown branding by an unscrupulous or even illegitimate provider can result in reputational harm to the Agency or the Crown through a perceived association with illegitimate or poor-quality goods or services.

When an Agency is alerted to such unauthorised use, they may, and reasonably so, immediately consider pursuing remedies available under the Trade Marks Act 1995, the ACL, and torts, i.e. remedies for trade mark (‘TM’) infringement, misleading and deceptive conduct, or passing off.

Actions for TM infringement rely on Crown branding being registered as TM. However, many materials of Crown branding (such as Crown images and some Agency logos) are not registered trade marks.

TRADE MARKS REQUIRE REGISTRATION

Actions for TM infringement rely on Crown branding being registered as TM. However, many materials of Crown branding (such as Crown images and some Agency logos) are not registered trade marks.

Even where Crown branding is registered and TM infringement could be proven, the unauthorised use may be protected by a ‘good faith defence’ to TM infringement in section 122 of the Trade Marks Act 1995. For example, there may be a defence that the Crown TM was used merely to indicate the ‘characteristic’ of the goods or services being related to benefits available from the Agency.

Logos and most (if not all) Crown branding could be considered as artistic works protected by copyright. Therefore, their unauthorised use could constitute copyright infringement.

CONSUMER LAW AND TORT OF PASSING OFF ARE CHALLENGING TO ENFORCE

In addition to TM infringement, and particularly where Crown branding is not registered, the Agency could pursue actions under the ACL and torts. However, these actions can be challenging to pursue.

An action for misleading and deceptive conduct under Section 18 of the ACL would require that the unauthorised use must be misleading or deceptive, or likely to mislead or deceive, consumers on the value, price, or quality (for example) of goods or

services. Similarly, in actions for the tort of passing off, the Agency must establish that the unauthorised user must have made a misrepresentation that leads or is likely to lead the public to believe that their goods or services are those of the Agency.

As described above, services and goods providers often use Crown branding to indicate to consumers that the purchase of their goods or services may entitle the consumer to certain Agency benefits. In these cases, the Crown branding is unlikely to deceive consumers that the goods and services are provided by the Agency itself.

COPYRIGHT PROTECTS BRANDS, TOO

In trying to stop the unauthorised use of Crown branding, Agencies may be overlooking a more practical and powerful alternative: actions for copyright infringement. Logos and most (if not all) Crown branding could be considered as artistic works protected by copyright. Therefore, their unauthorised use could constitute copyright infringement.

Note that copyright infringement does not require the exact reproduction of the Crown branding and only requires that a ‘substantive part’ is copied.

The power of copyright enforcement was recently highlighted in a case decided by the Federal Court (FCA) in December 2024 against Aldi Foods. Aldi’s previous slogan ‘Like Brands, Only Cheaper’ neatly captured its business model of offering cheaper products that are packaged similarly to more expensive, better-known brands. Despite the overtly ‘like branding’, Aldi has been quite successful in defending claims of passing off, misleading or deceptive conduct, and TM infringement.

It was a potentially seminal victory for

ABOUT THE AUTHOR

Celia is a trusted advisor and commercial lawyer, an experienced board director in purpose-led organisations, a career mentor and adviser, and a former scientist and academic.

With over 15 years of experience in strategic commercial, intellectual property, and contract management, Celia has successfully negotiated hundred-million-dollar contracts with and for Fortune500 and ASX100 companies, Australian Commonwealth and State government agencies, and universities and other organisations from around the world. Celia also has experience in US export control (ITAR, EAR) compliance.

The power of copyright enforcement was recently highlighted in a case decided by the Federal Court in December 2024 against Aldi Foods.

all brand owners when the FCA decided Aldi had infringed the copyright in the packaging of Bellies ‘Puffs’ snack range. Interestingly, following the example of a case decided against Aldi in the UK, the Puffs owners did not include any claims of TM infringement, passing off, or misleading or deceptive conduct, and limited their claims to copyright infringement.

While the Aldi decision hinged on the particular facts of that case, it illustrates that copyright enforcement could be a practical and successful alternative to TM, consumer, and tort law actions.

RETHINKING BRAND ENFORCEMENT STRATEGIES

We strongly encourage Agencies to include copyright enforcement as a priority in their strategy for stopping unauthorised use of Crown branding. Contact Proximity to learn more about how your organisation could leverage copyright enforcement to protect your brand.

Include copyright enforcement in your strategy for stopping unauthorised use of your agency’s logo or other branding. Consult Proximity for more advice on copyright enforcement. ■

THREE CONTRACT CONUNDRUMS

Let’s explore three contract conundrums and how to navigate the complexities of various contract issues.

In the realm of contract law, professionals often encounter intricate challenges that demand astute legal insight and strategic foresight. We have frequently come across three such conundrums so here we offer perspectives on how to navigate these complexities effectively.

1. THE IMPORTANCE OF DRAFTING: A FOCUS ON STATEMENTS OF WORK

A well-crafted Statement of Work (SOW) is pivotal in delineating the scope, deliverables, timelines, and expectations of a project. It serves as the foundation for a successful contractual relationship, ensuring both parties are aligned in their objectives and responsibilities. Conversely, ambiguities or inconsistencies within an SOW can lead to disputes, variations, and increased costs, undermining the value derived from the contract. Therefore, meticulous attention to detail during the drafting phase is essential to mitigate potential legal risks and ensure clarity in contractual obligations.

2. LEGISLATIVE AUTHORITY AND CONTRACTUAL VALIDITY

If the Commonwealth enters a contract without the legislative authority or executive power to do so, the current legal position is that contract is likely to be void ab initio. So, what happens if a contractor is midway through providing services or the Commonwealth already started certain activities? A contract which is void in these circumstances raises a plethora of legal, commercial and reputational issues for government, including potential liability for the individual officials involved. How can the Commonwealth continue with the contract, in circumstances where it has no authority to do so? But if the Commonwealth was to immediately ‘walk away’ from the contract, how can it mitigate the many other legal risks that arise and the impact of that action on its stakeholders? Officials face many challenges and competing demands in successfully navigating the transition out of such an arrangement, or seeking to retrospectively validate its activities.

If the Commonwealth enters a contract without the legislative authority or executive power to do so, the current legal position is that contract is likely to be void ab initio.

3. CONTRACT EXTENSIONS WITHOUT FORMAL DOCUMENTATION

Situations where contracts are extended without formal documentation pose significant legal challenges. Even if parties continue to perform under the assumed terms, the absence of a signed extension can lead to questions regarding the enforceability of the agreement and gives rise to other risks. It’s crucial to formalise the extension through appropriate legal instruments, such as a deed of variation or affirmation, demonstrating that the parties agree they’ve been performing the contract since it expired.

Additionally, implementing robust contract management practices, including timely reminders and proactive engagement between procurement and legal teams, can prevent such lapses and ensure the continuity and legality of contractual relationships.

In conclusion, navigating the complexities of contract law requires a proactive approach, characterised by meticulous drafting, thorough legal analysis, and diligent contract management. By addressing these conundrums with informed strategies, legal professionals can safeguard their organisations against potential risks and foster robust contractual relationships. ■

TRAUMA-INFORMED LEGAL PRACTICE

Redefining administrative law to prevent harm.

Trauma-informed legal practice is a critical framework that assumes all clients may have experienced trauma and seeks to minimise re-traumatisation while fostering safety, transparency, and respect throughout legal processes.

As government lawyers, many of us have walked away from interactions feeling helpless. Wondering what might have been different if trauma-informed approaches were embedded from the start. It is from this reflection that the call for trauma-informed legal practice arises, not only to prevent harm to citizens but also to help lawyers manage burnout, compassion fatigue, and vicarious trauma.

Today, we propose a new way to apply administrative law that incorporates trauma-

Law firms and legal departments must foster supportive workplaces that educate staff about trauma, recognise early warning signs of psychological harm, and provide options such as job rotation or counselling.

informed principles to prevent unlawful interpretation and implementation of legislation within government decisionmaking processes. This preventative approach is central to fostering a safer legal environment for all parties involved.

UNDERSTANDING TRAUMA AND ITS LEGAL IMPLICATIONS

Trauma, as defined by the Macquarie Dictionary, is a startling experience that has a lasting effect on mental life. Trauma is a shared human experience that everyone is likely to encounter at some point. The way individuals respond to trauma varies widely based on numerous factors such as prior experiences, mental health, and resilience.

Recognising trauma’s impact is crucial in legal practice. A trauma-informed approach assumes that everyone we encounter may have experienced trauma and therefore adopts strategies to minimise re-traumatisation, empower individuals, and create safe, transparent, and respectful processes.

The legal profession increasingly recognises the profound impact trauma has on individuals engaging with complex legal systems. Lawyers working in areas such as medical negligence, catastrophic injury, coronial inquests, child prostitution, child sexual abuse & child suicide, disability law, and veterans affairs frequently encounter clients affected by trauma. This work content can lead to psychological harm, underscoring the need for traumainformed approaches within legal practice.

ADMINISTRATIVE LAW AS A TOOL FOR PREVENTION

Administrative law governs government decision-making and serves as a bridge between individuals and state power. While historically seen as a system to mitigate abuses of power, administrative law can also proactively prevent harm by embedding principles of lawfulness, transparency, accountability, voice, safety, and recognition into the everday practice of government decision-makers.

For example, decisions made without legal authority or proper consideration of individual circumstances, such as the denial of benefits based on conflicting policies, highlight the need for rigorous application of legal principles to protect vulnerable individuals.

Emerging technologies such as automated decisionmaking systems present an opportunity to embed traumainformed administrative law principles systematically.

THE ROLE OF AUTOMATION AND AI

Emerging technologies such as automated decision-making systems present an opportunity to embed trauma-informed administrative law principles systematically. Automated systems, when properly designed, can apply legislation consistently, reduce human bias, and enhance procedural fairness.

CATHERINE SAUNDERS Special Advisor

However, care must be taken to ensure these systems uphold privacy, human rights, and transparency, avoiding the perpetuation of existing biases within their design. Lawyers must be proactive in shaping these technologies to serve justice in trauma-informed ways.

TRAUMA-INFORMED LEGAL PRACTICE IN ACTION

Practicing trauma-informed law means adapting processes to reduce harm. This includes refining evidence requirements to avoid unnecessary trauma, for example, narrowing the scope of subpoenas to prevent intrusive disclosures and empowering clients with choice and control during litigation proceedings.

Moreover, lawyers must acknowledge wider systemic issues, such as historical oppression and bureaucratic complexity, that contribute to mistrust and trauma, working to foster environments that prioritise safety, openness, and respect.

SUPPORTING LAWYER WELLBEING

The High Court’s decision in Kozarov and the State of Victoria underscored employers’ obligations to protect employees from psychological injury caused by work-related trauma. Law firms and legal departments must foster supportive workplaces that educate staff about trauma, recognise early warning signs of psychological harm, and provide options such as job rotation or counselling.

Lawyers themselves should champion trauma-informed principles to protect not only their clients but also themselves and their colleagues from compassion fatigue and burnout.

JASMIN DOUGLAS Special Advisor

This preventative approach is central to fostering a safer legal environment for all parties involved.

Trauma-informed legal practice is fundamentally about practising with humanity. It challenges us to rethink how administrative law can be applied to prevent harm before it occurs, embed fairness and transparency in decision-making, and support both those we serve and ourselves.

By embracing trauma-informed principles, continuing education, and technological innovation, lawyers can practice with empathy and become active agents of change in creating legal systems that respect and protect the vulnerable, championing a fairer, safer future. ■

Enhance your professional growth. Access the full presentation from Proximity’s recent professional development day for public sector employees. Simply scan the QR code or visit the Proximity website and look for it in the webinars section.

ABOUT THE AUTHORS

Catherine is a Special Advisor with more than 25 years of post-admission experience across multiple government departments and private practice.

Jasmin is a senior government lawyer with extensive experience across a broad range of practice areas and a special interest in legislation. She has advised a range of Federal government departments on a number of large-scale legislative development and reform projects.

MEET MELISSA RANDALL

Melissa has more than 20 years practising law in the public and private sectors. She is a strategic legal adviser with significant expertise in energy, administrative, commercial, regulatory, consumer and competition law in the public and private sectors.

Outside work, Melissa enjoys skiing, reading and spending time with family and friends.

Q Tell us how you came to join Proximity.

A I was looking for the opportunity to try working in new areas across the Federal Government. Proximity seemed to have so many varied and interesting opportunities with Government clients. I found the warm, welcoming and professional culture appealing. I was also impressed by Proximity’s commitment to the Canberra community through its partnerships with significant organisations such as Menslink.

Q What is your proudest moment in a professional context?

A One of my proudest moments was working on a case where the other side tried to argue that the court should declare the law that was breached was invalid. I researched the issues and formulated counter-arguments and submissions. When the barrister put these to the court, they proved successful. The Judge said that the other side’s argument:

“ … has only the superficial allure of expediency, it flirts with heresies such as interlocutory declarations, and it seeks to entice me down a path descending

inevitably into an inferno of appellate scrutiny more unforgiving than even Dante’s allegorical circles.’

Q As a manager of people what is your biggest challenge?

A People respond to oversight and guidance in different ways. My biggest challenge is trying to work out the best approach to develop each person. My aim is to ensure that they remain engaged, feel that they have autonomy over their work and that they are developing mastery over the subject matter. This helps them enjoy their work, develop their legal skills and work on increasingly complex legal issues.

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

A Seek guidance and don’t be afraid to make mistakes. The law is often complex and uncertain and reasonable minds can differ. More senior practitioners can teach you how to balance competing views to meet your client’s needs. Mistakes are inevitable—engage with the learnings that come from them.

Q What keeps you awake at night?

A An exciting matter or a seemingly intractable legal problem. I often mentally fidget with these things in the small hours trying to find answers or a way forward.

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

A I love working on tricky issues and finding solutions. For me, success is building capacity and capability in the people I manage and the clients that I work with. Often, I find new ways of working and new approaches to interpreting the law and bringing cases to court. Seeing other lawyers develop and my clients continue to evolve and build capacity as a result of my work are measures of success for me.

Q Away from work, what is your passion?

A My family, my friends and my little dachshund, Stanley. I love to be outside, skiing, walking, swimming, snorkelling, kayaking or cycling. If I can turn any of these into a travel opportunity, so much the better. I am also an avid reader and crochet mad—did you know that crochet is the only fibre craft that can’t be done by a machine?! ■

SO YOU THINK YOU KNOW BEST?

Defensible decisions through independent and impartial critical thinking and analysis.

Evidence-based decision making is a widely used phrase, but how often is rigorous analysis truly applied to inform decisions in the public sector? Too often, studies that claim to be impartial end up confirming the biases and expectations of their sponsors. Successful analysis projects go beyond this—they explore topics thoroughly, document assumptions, provide transparency, and clearly separate recommendations from options.

THE NEED FOR RIGOROUS ANALYSIS IN THE PUBLIC SECTOR

Ministers and their supporting Departments and Agencies are fearful of the public scrutiny of decisions, and they should be. Taxpayers’ favour is a precious commodity, and they generally despise corruption, waste, and pork barrelling. Ministers and their supporting officials are wary of bad publicity and scrutiny in forums such as Senate Estimates and Royal Commissions. These fears perhaps overshadow the importance and timely delivery of initiatives. Good and credible analysis can alleviate these fears.

THE SOURCE OF GOOD IDEAS AND THE IMPORTANCE OF SCRUTINY

No-one has exclusive ownership of good ideas for initiatives, and they can come from political parties, policy makers, allies, academics, industry and public officials. Good ideas in turn need to be given an appropriate level of scrutiny relevant to the level of investment and project impact. Too often we see projects or initiatives facing difficulties or delays because analysis was poor or insufficient. Due to the significant resource allocation, Defence receives justified criticism, but other Departments face similar challenges.

THE CHALLENGE OF SCRUTINY IN DECISION-MAKING

The question of scrutiny around decisionmaking is something that challenges all Western democracies. Non-democratic societies can (potentially) make decisions more quickly only to learn that they made poor decisions. To overcome the risk to timeliness of decision-making, leaders need to understand the sequence (and cadence) of decisions and consider information, and analysis requirements needed for defensible decisions.

While thorough analysis can lead to a perception of delay, this can be mitigated through stripping away unnecessary detail from the elements of the problem. Good, defensible analysis provides a foundation for stakeholder concurrence. Too often, unnecessary bureaucratic detail is added, in the name of reducing project risk.

CHANGING STRATEGIC CONTEXT: THE DEFENCE EXAMPLE

For example, during an extended period of peace, Defence decision makers had the luxury of time to minimise project risk. The National Defence Strategy from 2022 indicated that a 10-year warning time for a potential major conflict in the Indo-Pacific was no longer appropriate, meaning Australia’s National interests were likely to be at risk.

By deduction, the Defence organisation now needs to make good decisions more quickly. With well-planned analysis campaigns, the stripping away of bureaucracy, and an over sensitivity to even a small amount of risk, it can be done. Donald Horne, in his famous book “The Lucky Country” (Horne, D.L. The Lucky Country 1964) identified an Australian cultural aversion to scrutiny and analysis with a “passion for improvisation which leads to slapdash attitudes that may become increasingly dangerous in the technological age”. Notably he foresaw the potential for the luck to run out with the rise and industrialisation of Asia.

THE IMPORTANCE OF INTERNAL CONTESTABILITY

A further challenge to achieving defensible, evidence-based decisions in the public sector is the shortage of analytic specialists. These experts are often vastly outnumbered by policy and project managers, making it difficult to ensure that rigorous, impartial analysis is consistently applied to major decisions. This imbalance can undermine the effectiveness of internal contestability—the process by which officials critically challenge each other’s ideas to improve outcomes. When analysis becomes focused on following procedures rather than genuinely examining outcomes and impacts, its value is diminished. For analysis to truly support robust decision-

making, it must involve a deep, critical examination of the subject matter and a willingness to question assumptions and recommendations. Addressing this skills gap is essential for building the analytic rigour and transparency needed for credible, defensible decisions in the public sector.

With well-planned analysis campaigns, the stripping away of bureaucracy, and an over sensitivity to even a small amount of risk, it can be done.

PRINCIPLES OF EFFECTIVE ANALYSIS: WHAT ARE THE CRITICAL ELEMENTS FOR SUCCESS?

• Applying critical thinking to frame the problem or decision.

• Socialising the variables and getting high-level endorsement of the analysis Terms of Reference.

• Understanding the decision variables and key assumptions and being willing to challenge assumptions.

• Understanding the supporting data needed.

• Clearly outlining and categorising the problem scope.

• Engaging an analysis team early to understand and map decision-timeframes.

• Taking a campaign approach— use results as a body-of-knowledge for future refinement as context and assumptions change.

COMMON PITFALLS: WHAT DOES ANALYSIS FAILURE LOOK LIKE?

• As a leader, having fixed expectations of the answer (this is decision-based evidence making).

• Failing to negotiate scope and detail needed for the decision.

• Biases and lack of impartiality—not recognising real or perceived conflicts of interest.

• Analysis team lacks operational or technical knowledge or expertise

• Selective and prescriptive use of data and tools.

• Not engaging all relevant stakeholders— understand sensitivities and be prepared to explain.

• Not engaging regularly with study team.

• Not understanding releasability and classification of information.

WHAT DOES GOOD ANALYSIS LOOK LIKE?

Operations research, management science and engineering literature each provide a rich and diverse base of academic and practical information that can arm practitioners.

Determining the ‘best’ approach to analyse a particular problem very much depends on the breadth and significance of the decision, the time available and the availability of trusted and valid data. In many instances a hybrid approach that combines analysis and engineering principles is needed to address the mix of qualitative and quantitative data. A generic process, based on the Operations Research and Systems Analysis Handbook study guidance (2011), can be seen in Figure 1. This graphic steps through a logical study process.

A question worth asking early in the analysis is its likeness with previous work and whether lessons can be drawn from that work.

To undertake the type of study process outlined in Figure 1, a range of skillsets and analysis methods including modelling and simulation are generally required. The analysis team supports the sponsor and stakeholders through each of the steps, building confidence in the rigour of the analysis and the sensitivities to variables

Determining the ‘best’ approach to analyse a particular problem very much depends on the breadth and significance of the decision, the time available and the availability of trusted and valid data.

ANTHONY WEEN Director Integration (SPA Australia)

and available data. This can be a confronting process as advocates for solutions may be disappointed with the findings. Good analysis will result in acceptance and endorsement of the findings on face value. If and when additional factors emerge that change the results, these should be documented.

TYPES OF ANALYSIS ACROSS DECISION LEVELS

Examples of the types of analysis that can be undertaken are numerous and span all phases of portfolio and project decision cycles. Examples of analysis approaches are listed under four categories where different types of problems are often encountered:

Strategic / Portfolio-Level

• Concept development, strategic simulation and validation.

• Utility and net assessment.

• Dependency and supply chain analysis.

• Model-based mission engineering.

• Concept of Operations (CONOPS) development and validation.

• Technology Effectiveness.

• Cost estimation.

Operational / Program-Level

• System effectiveness and gap analysis.

• Requirements and Fundamental Input to Capability (FIC) analysis.

• Analysis of systems and capability alternatives (including preview Test and Evaluation).

• Logistics and sustainment analysis.

• Analysis of system interdependencies.

• Cost and risk estimation.

Delivery—Acquisition and Sustainment

• Market and industry analysis.

• Supply chain (flow-security) analysis.

• Facilities, processes and workforce.

• Schedule.

• Cost and risk assurance.

• Systems and technology integration and options analysis.

Fielded Systems & Tactical LevelOperations

• Operational plan analysis and validation.

• Mission systems gap analysis.

• Operation and exercise analysis (including many forms of Test and Evaluation).

• Network assessments.

• Demand and Supply - Force Generation and Sustainment analysis.

Our team have deep expertise and experience delivering objective and impartial analysis.

Good analysis empowers decision-makers with credible and tested data. As outlined in this article, the nature of the analysis needed for supporting important decisions varies depending on a range of factors that need to be assessed. Our team have deep expertise and experience delivering objective and impartial analysis. We have the capability to further support our existing Defence client base, as well as broader government agencies in this space. We’d welcome a conversation to understand your analysis needs. ■

ABOUT THE AUTHOR

Anthony has more than 30 years’ experience in leading multi-disciplinary teams to achieve Defence outcomes, based on his background as a Communications Engineer, Operations Analyst and Project/Program Manager. He is able to distil complex problems, identify key decisions where rigorous analysis can add value, and engage relevant subject matter experts and stakeholders to deliver timely outcomes. Grounded in technology understanding and capability analysis, he has been able to make substantial contributions to enterprise Force Structure Reviews, Capability Programs and Projects.

MEET DAVID BROWN

Dave joined SPA Australia in 2019 after a successful 24-year career in the Royal Australian Navy. As a submarine and surface combatant Weapons Electrical Engineering Officer, Dave completed multiple operational deployments and Maritime capability development and acquisition roles. As Director-Maritime Dave is responsible for SPA’s Maritime Domain professional services.

Q Tell us how you came to join SPA.

A I joined SPA Australia in 2019 after serving 24 years with the Navy as a Submariner and Surface Combatant Weapons Electrical Engineering Officer and a year with the University of New South Wales Capability Systems Centre as an Industry Fellow—Naval Combat Systems and Systems Engineering.

Q What is your proudest moment in a professional context?

A As one of two Engineering Department Heads, I had the honour to contribute to the successful completion of submarine and surface combatant operational workups following major system upgrades and personnel change-outs. This was a truly collaborative effort, and a proud moment in my career.

Q As a manager of people what is your biggest challenge?

A It can be challenging to balance client tasks and individual or team engagements across different client sites and commitments. There is always one more time-sensitive task that needs attention that can throw off the balance when those you work with are in separate locations, whether in the same city or on the other side of the world.

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

A Always ask questions and actively seek feedback and advice. You always learn from mistakes—so own them when they are yours—no one is perfect—but if you can avoid some by learning from others’ mistakes, then that can be a more pleasant, albeit not as memorable, experience.

Q What keeps you awake at night?

A Inconsiderate scheduling of English Premier League and UEFA European League games.

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

A Professionally, I aim to continue performing interesting and challenging work that delivers tangible benefits and outcomes. Personally, I aim to support my family in pursuing their dreams and interests, both personally and professionally.

Q Away from work, what is your passion?

A Watching professional soccer, having been banned from playing by my wife after a fractured skull and spiral fracture to my leg in successive seasons. I also enjoy regularly inflicting my ‘allegedly’ poor taste in music (e.g. Nightwish, Sabaton, Within Temptation, etc) on my family. ■

CSM, Director Maritime

UNDERSEA CAPABILITIES

Taking our clients to new depths with our undersea expertise.

We are in our element under the surface with SPA Australia having delivered a range of analytical products and services to the Royal Australian Navy including highly classified support and advanced modelling.

SPA is widely recognised as a leading submarine authority in the US, with its subject matter experts bringing hundreds of years of collective operational, shipyard and maintenance experience across all submarine platforms.

With AUKUS, the trilateral security partnership between Australia, the United Kingdom, and the United States intended to promote a free and open Indo-Pacific

supporting Australia’s acquisition of a sovereign, conventionally armed, nuclearpowered submarine capability, the undersea is at the forefront.

Recently, the Australian government launched its AUKUS Submarine Industry Strategy underpinned by an investment of $262 million to support local defence industry uplift, calling a “strong and resilient industrial base” a crucial part of “Australia’s enduring, potent and credible sovereign submarine capability”.

Locally, we are proficient in supporting delivery of all aspects of undersea warfare and submarine operations, including efforts to enhance the effectiveness of Collins-class submarine operational deployments.

The Australian government launched its AUKUS Submarine Industry Strategy underpinned by an investment of $262 million to support local defence industry uplift, calling a “strong and resilient industrial base” a crucial part of “Australia’s enduring, potent and credible sovereign submarine capability”.

WE PROVIDE OUR CLIENTS WITH:

1. MODELLING, TESTING AND EVALUATION

SPA uses a variety of custom-designed tools for end-to-end modelling to simulate complex interactions between elements of real-world systems. This provides decision makers with objective, data-driven analysis about the full mission impact of risk, force structure, technology and other factors.

2. SPECIALISED ENGINEERING SUPPORT

We have deep expertise in digital engineering and model based systems engineering and are spearheading this function in multiple Defence programs.

3. ADVANCED ANALYTICS

We build bespoke dashboards and models for clients to provide real time descriptive, predictive and exploratory analytics capabilities. Leveraging scientific and mathematical methods we can transform qualitative and quantitative information into insights for data-driven decision making. These insights facilitate complex scheduling, mission employment, and coverage “heat maps” as real-time decision aids.

4. STRATEGIC POLICY AND PROGRAM SUPPORT

We can provide decision support at all levels of government and have advanced policy expertise. Our innovative approach to strategic communications is a data- and tools-driven framework that delivers the right messages to the right audiences at the right time.

We work with Defence across Maritime, Land, Air, Space, Guided Weapons, Strike, Air Base Capability, Operational Logistics, Wargaming and Cost Assurance. Whether optimising the maintenance and deployment of assets or engineering solutions to prevent the unimaginable, we are committed to our clients’ mission success. ■

OPTIMISING ICT PROCUREMENT

How competitive dialogue empowers agencies to succeed.

In the fast moving, rapidly evolving ICT industry sector, taking a collaborative approach can help achieve the best possible outcome for a government agency conducting a complex, high value ICT procurement project.

It is especially true for ICT projects that in a traditional approach to market (ATM) the purchaser often expends significant time and money attempting to develop a detailed Statement of Requirements (SOR), including functional and technical requirements, when they may not have the sector-specific expertise to really know ‘what’ they want and ‘how’ to get the required ICT goods and services procured and delivered

most effectively. The purchaser develops a detailed ATM documentation suite and then ‘throws it over the fence’ to industry which is ‘blind’ to the reasoning and key drivers behind the SOR and the outcome the purchaser is seeking—leading to, at least, misinterpretation of requirements and respondents building risk premiums into their bid prices. This common situation is illustrated in Figure 1.

In instances where industry is better placed to determine the parameters of the project— then the question becomes, ‘how’ to develop a complete, clear and unambiguous SOR within relevant procurement policy, rules and procedures.

NEED IDENTIFICATION

PROCUREMENT PLANNING AND STRATEGY

EVALUATION

NEGOTIATION

APPROACH TO MARKET

CONTRACT MANAGEMENT

WHY?

FIGURE 1: TRADITIONAL APPROACH TO MARKET

TRADITIONAL APPROACH TO MARKET

A preferred approach is for the purchaser to acknowledge that they are not up to speed with current industry research and development and may not have a clear view of the ideal business systems and professional services their agency needs to meet its requirements. Appreciating the industry is best placed to determine the parameters of the project—then the question becomes, ‘how’ to develop a complete, clear and unambiguous SOR within relevant procurement policy, rules and procedures.

Early and ongoing industry engagement, in a collaborative and agile way, better leverages industry’s deep knowledge and experience about the ‘what’ and ‘how to deliver’ of the requirements whilst reducing the risk and cost overheads which can be incurred

COLLABORATIVE DIALOGUE PROCESS

EARLY INDUSTRY ENGAGEMENT (ONGOING)

COMPETITIVE DIALOGUE (SHORTLISTING)

INVITATION TO REGISTER (ITR)

trying to develop a detailed SOR when the purchaser is in the dark on the latest ICT innovations. This approach is often referred to as ‘Interactive Tendering’. In Australia, the most common forms of interactive tendering are competitive dialogue or commercial/ collaborative dialogue (CD)—the latter is most effective when there is a single supplier of the required goods and services. CD is typically employed where the purchaser:

• Is unsure about current technologies and industry advances within a particular industry sector.

• Cannot define technical, financial, legal or other requirements fully and clearly at the commencement of the procurement.

• Is seeking innovative approaches to meet its requirements, including alternative approaches to its existing approach.

REQUEST FOR INITIAL PROPOSAL (RFP2)

COMPETITIVE DIALOGUE (SHORTLISTING)

COMPETITIVE DIALOGUE (SHORTLISTED RESPONDENTS)

Conducted well, CD significantly improves the potential for:

• Achieving best value for money.

• Designing innovative technical solutions with potential partners.

• Reducing technical and pricing risk.

• More effectively meeting the needs of the parties.

Collaborative dialogue allows the purchase to purchaser to understand proposed responses better, reduce technical and cost risk and seek clarification and further detail without the constraints of conventional tendering processes, including which response/s could best achieve the required outcome.

Designing innovative technical solutions with potential partners

CD, which can be employed to drive a solution that best meets the needs of the purchaser and the respondent, is a dynamic collaborative process which facilitates open interaction and dialogue between the purchaser and the respondent prior to the submission of final proposals. It can be incorporated into a multi-stage procurement process with successive shortlisting (see graphical depiction of a possible CD process below). It allows for proposed solutions to evolve and different technical approaches to be considered, including co-design and de-risking proposed responses collaboratively with respondents.

INDUSTRY BRIEFING

Key benefits of conducting CD include:

• Providing respondents the opportunity to explore and reduce areas of risk and uncertainty or ambiguity in the purchaser’s requirements (that is, technical, schedule, cost, commercial and legal requirements).

• Providing participating respondents with the opportunity to update and improve the potential value for money and technical workability of their responses following feedback from the purchaser without the constraints of a formal clarification, including a Q&A process.

• Allowing the purchaser to understand proposed responses better, reduce technical and cost risk and seek clarification and further detail without the constraints of conventional tendering processes, including which response/s could best achieve the required outcome.

• Maintaining strong competition while obtaining the flexibility described above.

NEGOTIATION WITH PREFERRED RESPONDENT/S

REQUEST FOR INITIAL PROPOSAL (RFP1)

CONTRACT IMPLEMENTATION

We can provide immediate CD expertise, advice and support to your team either as an integrated part of an end-to-end procurement process or as a discrete, integrated component of your procurement process.

Proximity’s advisors have demonstrably sound understanding and deep experience using CD strategies, plans and implementation approaches in different procurement settings, including ICT procurement. We can provide immediate CD expertise, advice and support to your team either as an integrated part of an end-to-end procurement process or as a discrete, integrated component of your procurement process.

The Proximity Competitive Dialogue Capability Statement, which is available upon request, provides further information on our end-to-end procurement and contracting services.

Proximity can add value to your next ICT procurement through provision of these CD-specific services:

• Development of a procurement strategy which includes an integrated CD process and, importantly, which commences with early industry engagement followed by an appropriately staged procurement process incorporating CD.

• Approach to market documentation which, in addition to template selection and development, conditions of proposal (CoP, including conditions for participation and evaluation criteria), appropriate attachments to CoP and proposal response forms and contracts, includes: a CD Protocols and Process attachment and a CD Deed of Participation for the CoP.

PETER DEGRAAFF Expert Advisor

• CD implementation documentation, advice and support including: CD Process Plan including the governance, CD team structures, detailed processes to be undertaken and detailed CD session plans; a tailored CD Probity Plan or CD-specific attachment to the overall procurement Probity Plan; CD-specific, ongoing advice to the client’s CD Lead and CD Team Leaders during dialogue; overall management of the CD process as part of the end-to-end procurement process; and lead or facilitate internal workshops to prepare for, and debrief after, CD sessions and to do problem solving as issues arise during dialogue. ■

Proximity can add value to your next ICT procurement through provision of these CD-specific services.

ABOUT THE AUTHORS

Peter has significant experience as a commercial, procurement and contracting advisor to strategic and operational procurement and contracting projects in goods and services as well as information, communications and technology (ICT) projects.

BRIDGING THE PROCUREMENT GAP

Why capability reviews are critical for agency success.

As agencies grapple with complex procurement demands, many discover that simply meeting compliance is not enough. A lack of deep procurement capability can spiral into inefficiency and risk. This article explores why targeted capability reviews are vital for agencies striving to move beyond minimum standards and achieve operational excellence in procurement.

Firms such as Proximity are often engaged to provide specialist commercial skills to support standalone procurement related activities of a significant size and/or complexity. But what happens when an agency can’t deliver the minimum level of procurement and contract management skills and capacity required to ensure day day-to-day operations are met?

From our experience, this is a common and ongoing issue agencies struggle with.

In response to this scenario, we’re seeing a number of agencies undertaking capability reviews to allow them to take steps to uplift their internal procurement offering.

WHY UNDERTAKE A CAPABILITY REVIEW RATHER THAN SIMPLY PROVIDE ADDITIONAL RESOURCING?

While it might sound simple, recruiting someone with the relevant skills and experience is not as straightforward as it may appear given the current lack of depth for procurement and contract management staff in the marketplace.

The lack of experienced central procurement staff within agencies and the subsequent issues it generates is leading several agencies to realise their procurement processes are

overly complex and challenging for staff not familiar with the process. This is exacerbated when staff within an agency are required to lead themselves through the procurement process rather than partner with a procurement expert—creating a vicious circle.

While we won’t try and solve the issue of a shortage of procurement people in this article(!), we will look at the value in agencies undertaking a procurement capability review.

Typically, an agency’s procurement and contracting framework is not stood up under a greenfield approach. Rather, it evolves over time as changes are made to the overarching Commonwealth Procurement Framework; the agency having reason to adjust or add to its existing policies and procedures; or a machinery of government change occurs requiring a change to policies and procedures.

These types of examples normally see additional policies and/or procedures added in a standalone manner without a review being undertaken to determine if any unintended consequence will occur. Unintended consequences can materialise in the form of red tape; contradictions between policies and procedures; and a general misunderstanding of what’s required that has the potential to jeopardise compliance and value for money outcomes for an agency.

Proximity has undertaken capability reviews for a number of agencies over the last few years. While the approach we take depends on the level of review being sought, it typically includes reviewing policies and procedures, interviewing stakeholders from the central procurement area, their customers, and relevant customer business owners. We may also be asked to assess the skills and experience of the centralised procurement team.

In addition to uncovering the unintended consequences listed above, common findings include:

• Resourcing within a centralised procurement area being rundown over time and, due to the lack of depth in the marketplace, staff coming into the team not having the same level of skills and experience.

• A general lack of appreciation for the procurement process within a Commonwealth setting.

• A lack of clarity around roles and responsibilities within the procurement process.

• Tension between the agency’s procurement framework and the broader Commonwealth Procurement Framework.

• A lack of understanding in the role of a delegate and the associated consideration.

• A lack of dedicated contract and vendor management for those strategically important contracts and suppliers to the agency.

• A lack of training and development of staff within the central procurement team and training in procurement and contract management across the agency more generally.

Once the issues are identified, we work with the agency to take them through the issues and discuss options to address them which allows us to develop a range of recommendations to inform the agency’s future direction for its procurement and contracting functions.

In addition to developing a range of recommendations for the agency to consider, we also provide a revised suite of procedures, templates and, where requested, improvements to the structure of procurement teams, procurement workflows, and training materials. Examples include:

• Document reviews—range from providing comments on existing documents through to providing an updated Procurement Manual where we amend and add to existing policies and procedures to ensure accuracy and efficiency and, importantly, develop a suite of documents that work together rather than contradict each other.

• Organisation structure—having the right organisation structure for a Central Procurement Team is important. It aids in learning and development for staff that results in consistency in approach, provides for ongoing development of procurement staff, and helps to position procurement staff as the procurement professionals within an agency. This is important from both the perspective of the agency—so staff and executive trust and seek out appropriate advice and support from the Procurement Team— and also ensuring the procurement staff themselves recognise the importance of their role and appreciate that they are the stewards of their agency’s procurement activities and not there to simply take people through a process.

ANDREW STEPHEN Expert Advisor

• Technology and workflow—when properly designed and applied, technology can help manage access into the Central Procurement Team. It allows workflows to be automated which helps drive consistency and better direct resources to where they’re most needed. This in turn helps address issues around underservicing and overserving that can occur when the procurement function has developed a less structured approach over time that may see people reaching out to the Procurement Team through means other than a recognised point of entry.

• Training materials—we’ve also assisted agencies in developing a range of training materials that we’ve provided in formats covering standalone documents, train the trainer, or training sessions that are delivered by our team. ■

If your agency is looking to ensure your procurement function is efficient, resilient, and “ready for tomorrow’s challenges,” then it might be time for a capability review. Proximity’s expert advisors can help you diagnose challenges, navigate complex frameworks, and implement practical solutions tailored to your agency’s needs.

ABOUT THE AUTHOR

Andrew is a highly experienced project manager and procurement and contract management specialist. He has managed major acquisitions in the Defence portfolio, was responsible for overseeing an annual procurement budget exceeding half a billion dollars annually at Services Australia, and was responsible for the Commonwealth Procurement Framework while in the Department of Finance, including leading the rewrite of the Commonwealth Procurement Rules in 2012.

ENTREPRENEURSHIP IN THE PUBLIC SECTOR

Is there a role for it in Public Sector problem‑solving?

Entrepreneurial thinking isn’t about turning government into a business. It’s about equipping public servants with the tools to navigate complexity, test ideas, and deliver better outcomes, especially when the path forward isn’t clear.

At Proximity, we help government teams apply these principles in practical, grounded ways, through strategy development, capability uplift, or project execution. If you’re looking to bring fresh thinking to a complex challenge, we’d love to work with you.

Public servants work in complex and ever-evolving environments—solving the trickiest problems impacting our communities. As the challenges faced by society evolve, so too must our ways of thinking. This article explores how entrepreneurial thinking, thoughtfully adapted for government, can help teams navigate uncertainty, unlock creativity, and deliver better outcomes in a world that won’t stand still.

SEEING PROBLEMS AS OPPORTUNITIES AND INNOVATING AT SPEED

In recent years, the term “entrepreneurial mindset” has gained traction well beyond the world of startups. While it might conjure images of Silicon Valley founders and pitch decks, the core principles—creative problemsolving, adaptability, and a bias toward action—are increasingly relevant in the public sector.

During a two-week executive program at Massachusetts Institute of Technology’s Martin Trust Center for Entrepreneurship and Sloan School of Management, I had the opportunity to explore how these principles

are taught, tested, and applied in highstakes environments. I was struck by how transferable they are to the challenges faced by public servants, particularly in a time of increasing complexity, constrained resources, and growing public expectations.

Entrepreneurial thinking isn’t about turning government into a business. It’s about equipping teams with the tools to navigate ambiguity, generate new ideas, and deliver better outcomes, without waiting for perfect conditions.

WHY IT MATTERS IN THE PUBLIC SECTOR

Public servants are often tasked with solving “wicked problems”—issues that are complex, interconnected, and resistant to simple solutions. Traditional approaches, while necessary for stability and accountability, can sometimes struggle to keep pace with the speed and scale of change.

This is where entrepreneurial thinking can help. It’s a way of thinking that embraces uncertainty, seeks opportunity, and learns through iteration. These traits are essential to the public service’s future.

In fact, many of the most impactful public sector innovations, from digital service delivery to cross-agency collaboration, have emerged from teams that were willing to think differently, test ideas early, and learn quickly.

Faced with the challenge of monitoring vast volumes of cargo and passenger data, the department developed a risk-based profiling system that used machine learning to identify potential threats more efficiently.

A REAL-WORLD EXAMPLE: TACKLING BIOSECURITY WITH INNOVATION

A great example of entrepreneurial thinking in the Australian Public Service comes from the Department of Agriculture, Fisheries and Forestry (formerly the Department of Agriculture and Water Resources). In 2017, the department was recognised for its innovative use of data analytics and digital tools to strengthen Australia’s biosecurity system.

Faced with the challenge of monitoring vast volumes of cargo and passenger data, the department developed a riskbased profiling system that used machine learning to identify potential threats more efficiently. This approach allowed them to shift from reactive inspections to proactive risk management, improving both speed and accuracy.

What made this initiative entrepreneurial?

• Problem reframing: Rather than asking “How can we inspect more cargo?”, the team asked “How can we predict which cargo is most likely to pose a risk?”

• Iterative development: The system was built and refined in stages, with feedback loops and testing baked into the process.

• Cross-disciplinary collaboration: The project brought together data scientists, policy experts, and frontline officers, breaking down silos to co-create a solution.

• Calculated risk-taking: The team embraced uncertainty, piloting new methods while managing regulatory and operational constraints.

This is a textbook example of what Basadur (1994) describes as “applied creativity” — the ability to shift from problem finding to solution implementation in a structured yet flexible manner.

This approach allowed them to shift from reactive inspections to proactive risk management, improving both speed and accuracy.

A PRACTICAL MODEL FOR ENTREPRENEURIAL THINKING IN GOVERNMENT

So how can public servants begin to apply entrepreneurial thinking in their own work?

Drawing on frameworks from Basadur (1994) and Davis et al. (2016), as well as insights from MIT’s Martin Trust Center, a simple four-phase model can help teams move from idea to impact.

This model encourages teams to slow down at the start—to deeply understand the problem—before speeding up through experimentation and delivery. It also aligns with the entrepreneurial mindset dimensions identified by Kuratko et al. (2021): opportunity recognition, tolerance for ambiguity, and resilience.

PRACTICAL MODEL FOR ENTREPRENEURIAL THINKING IN GOVERNMENT

Problem Finding Curiosity

What’s really going on here?

Idea Generation Creativity

Solution Evaluation Critical Thinking

Implementation Grit & Adaptability

What are all the ways we could solve this?

What’s feasible, viable, and desirable?

How do we deliver and learn?

Reframe the challenge; engage stakeholders early

Encourage divergent thinking before narrowing options

Test ideas with users and iterate

Pilot, measure, and refine in real-world settings

This model encourages teams to slow down at the start— to deeply understand the problem—before speeding up through experimentation and delivery.

MORE THAN A ONE-OFF

The biosecurity analytics project is a powerful example of this model in action. But it’s not the only one.

The NSW Government’s rollout of the Digital Driver Licence followed a similar path. It started with user needs, prototyping early, and scaling based on feedback. These examples show that entrepreneurial thinking isn’t a buzzword. It’s a practical, repeatable approach to solving complex problems in a way that’s both innovative and accountable.

ABOUT THE AUTHOR

Elise has 20 years’ experience in legal and commercial roles, including 12 years in the public sector. She has Senior Executive level experience leading in-house legal, compliance and procurement functions, and supporting enterprise transformation projects. An effective communicator and collaborator, Elise enjoys working with broad stakeholders at all levels to deliver valuable client and customer outcomes.

1. Basadur, M. (1994). Managing the creative process in organizations. Leadership & Organization Development Journal, 15(8), 11–17

2. Kuratko, D.F., Fisher, G. & Audretsch, D.B. Unravelling the entrepreneurial mindset. Small Bus Economics 57, 1681–1691 (2021).

PROJECT ASSURANCE AS A STRATEGIC ENABLER

Strategic project assurance is no longer a compliance exercise: it’s a critical enabler that strengthens decision‑making, protects public value, and builds delivery confidence across government programs.

In an environment where governments are asked to do more with less, delivering reforms, digital transformations, and frontline services under intense public scrutiny, building confidence in delivery is essential. One of the most powerful, but often underused, tools available to government leaders is strategic project assurance. Done well, project assurance doesn’t just review a project’s progress. It enables success strengthening decision-making, safeguarding public value, and lifting delivery capability across government.

MOVING BEYOND ‘TICK THE BOX’ ASSURANCE

Traditionally, project assurance activities were seen as compliance checkpoints: a report to pass or fail a project at set milestones. While governance and oversight are important, a retrospective ‘tick the box’ approach often delivers little value to decision-makers when timing matters most.

Project assurance must be more than a look in the rearview mirror. It must be forward-looking, risk-based, and embedded early, acting as an enabler that improves outcomes, not just observes them. Modern government programs need assurance that can operate at the speed and complexity of today’s reform environment.

Project assurance enables success strengthening decision-making, safeguarding public value, and lifting delivery capability across government.

Project assurance must be more than a look in the rearview mirror. It must be forward-looking, risk-based, and embedded early acting as an enabler that improves outcomes, not just observes them.

HOW STRATEGIC ASSURANCE ENABLES GOVERNMENT SUCCESS

Strategic assurance plays a powerful enabling role across four key dimensions:

1. Informed Decision-Making

Good project assurance provides timely, independent insights to help decision-makers stay ahead of risks. It empowers program boards and senior leaders to act early, adjust strategies, and make confident investment and delivery decisions.

2. Protection of Public Value

Government programs manage significant public investment. Strategic assurance helps protect that value by ensuring delivery remains viable, benefits stay achievable, and risks are actively managed long before they materialise into bigger problems.

3. Delivery Discipline and Capability Uplift

Project assurance fosters discipline, ensuring clear scope, realistic schedules, fit-for-purpose resources, and effective risk management are in place. It also promotes continuous improvement, helping delivery teams embed lessons learned and uplift future delivery capability across the public sector.

4. Trust and Confidence

Assurance builds confidence. Independent reporting to boards, central agencies, and ministers demonstrates transparency, accountability, and responsible stewardship strengthening trust with internal and external stakeholders.

KEY INGREDIENTS FOR STRATEGIC ASSURANCE

Embedding assurance as a true strategic enabler requires a deliberate approach:

• Plan for assurance: Start early. Integrate assurance at project inception, not just at final review stages. This includes developing a fit for purpose Assurance Plan commensurate with the assigned tiering for the investment.

• Be risk-based: Focus assurance efforts where delivery risks and potential value are highest. Assurance activities should focus on assessing key risks to successful delivery, and impact on success.

• Expert-led and independent: Assurance should be provided by credible and suitably independent reviewers with the right skills and experience to assure an investment of your scale and complexity. Maintain a clear separation from delivery ownership to preserve objectivity.

STRATEGIC ASSURANCE ACROSS FOUR KEY DIMENSIONS

• Drive good decisions: Position assurance findings to enable action, not just highlight problems. Assurance should provide timely, reliable information to inform key decisions. It enables leadership to positively engage with assurance, drives a culture of continuous improvement and transparency welcoming of constructive challenge.

• Create continuous feedback loops: Build regular, not one-off, assurance touchpoints throughout the project lifecycle. This may include a combination of monthly assurance reviews, delivery confidence assessments, health checks and deep dives briefed to the governance body regularly.

The goal is to make assurance a practical tool that supports project success, not a hurdle to navigate.

With a focus on strategic insight over technical detail, our advisors bring a safe, objective perspective helping senior leaders navigate complexity and make

informed decisions with confidence.

Trust and Confidence

Delivery Discipline and Capability Uplift

Informed Decision-Making

Protection of Public Value

PRACTICAL STEPS TO EMBED STRATEGIC ASSURANCE

Governments can better leverage assurance by taking a few simple steps:

1. Design assurance into governance structures: Ensure that assurance is formally integrated into project and program governance, with clear terms of reference and reporting lines to executive sponsors and boards.

2. Tailor the approach: Size and shape assurance activities to the scale, complexity, and risk profile of each initiative. A one-size-fits-all model won’t work.

3. Select the right assurance advisors: Use advisors who bring genuine delivery experience, not just auditors, to provide real world, pragmatic advice.

4. Focus on early warnings, not just reporting: Encourage assurance providers to identify emerging risks and recommend practical mitigation strategies early.

5. Treat assurance as a partnership: Foster collaboration between assurance providers and delivery teams to create a culture of openness, not defensiveness.

Size and shape assurance activities to the scale, complexity, and risk profile of each initiative.

DELIVERING THE BENEFITS OF STRATEGIC ASSURANCE

When assurance is positioned as a strategic enabler, not a retrospective compliance activity, the benefits are significant:

• Faster and better decision-making throughout the lifecycle of the project.

• Increased probability of delivering projects on time, within budget, and realising intended benefits.

• Stronger governance and accountability.

• Uplifted delivery capability across departments and agencies.

• Greater trust and transparency with stakeholders.

In short, better projects, better outcomes, and better government.

If you’re seeking to drive greater success in your programs and projects, it is time to view program assurance not as an afterthought, but as a strategic enabler of government delivery excellence.

Proximity has deep experience providing project assurance services to a wide range of Australian Government agencies. We have a dedicated assurance services function within our Program and Project Management team as part of our broader consulting practice.

Our project assurance experts provide strategic, independent advice across the full spectrum of assurance activities from developing integrated assurance plans, conducting health checks and gate reviews, through to maturity assessments and deep dives.

We are especially experienced in applying the Assurance Framework for Digital & ICT Investments and support government clients in developing project assurance plans that meet DTA requirements and provide Delivery Confidence Assessments that stand up to scrutiny.

With a focus on strategic insight over technical detail, our advisors bring a safe, objective perspective helping senior leaders navigate complexity and make informed decisions with confidence. ■

WAYNE COULSTON Expert Advisor

ABOUT THE AUTHOR

Wayne has more than 25 years of Business and ICT experience and is a trusted partner to internal and external customers across Government and the Defence industry. He is well versed in ICT strategy and architecture, stakeholder engagement, program and project management, asset management and procurement, governance, cyber security, and service management.

MAXIMISING CLIENT VALUE

Some of the best project delivery advice and outcomes you will see this year, won’t come from a lawyer, a project manager or a procurement lead in isolation. It will come from all of them—in the same room, solving the same challenge together.

Across government and industry, clients are no longer seeking siloed expertise—they are demanding strategic combinations of diverse skillsets that match the evolving complexity and duration of projects. These engagements often span multiple phases, each benefiting from targeted expertise brought in at the right time. Seamlessly deploying the right mix of skills across these stages maintains momentum and keeps delivery on track. Proximity is at the forefront of this approach—aligning its multidisciplinary service offering to meet emerging needs and support clients across the full life cycle of a project.

That’s why multidisciplinary is no longer a buzzword—it’s the baseline.

A CASE FOR COLLABORATION: DEFENCE’S CREATIVE ADVERTISING AND DIGITAL SERVICES CONTRACT TRANSITION

Defence Force Recruiting (DFR) recently engaged Proximity to lead the transition of a $125m+ Creative Advertising and Digital Services (CADS) Contract. The contract for all advertising and management of Australian Defence Force (ADF) Careers—covering media services, brand strategy, creative execution and operation of the website. It was described by the Executive Director as one of the best executed transitions seen over their many years in Defence. That success wasn’t about a perfectly written contract, a great risk register, or a beautiful Gantt chart.

It was about the right people solving complex problems, together.

Having successfully led the end-to-end procurement process, Proximity was trusted to oversee the transition to a new service provider as an additional standalone phase. The task required a fit-for-purpose team—one that, alongside continuity, could operate with speed, structure and stakeholder sensitivity. The solution? A rich blend of Proximity’s commercial and consulting experts, working side-by-side with our client, the incoming and outgoing service providers, and broader government stakeholders to deliver a seamless handover of services and set the incoming provider up for success.

Success wasn’t about a perfectly written contract, a great risk register, or a beautiful Gantt chart. It was about the right people solving complex problems, together.

WHY MULTIDISCIPLINARY DELIVERY MATTERS MORE THAN EVER

Expectations on government and industry leaders haven’t just risen—they’ve accelerated. Clients don’t just want isolated deliverables— they need meaningful outcomes. They want professional services who can blend transparent governance, agile delivery and outstanding stakeholder engagement— consistently. They want support that helps them overcome challenges in real time—all

while keeping delivery on schedule, within scope and to budget.

When delivery timeframes aren’t negotiable, external scrutiny is high, Business as Usual (BAU) can’t stop and the stakeholder landscape is complex—success requires a unified team that understands the environment and speaks the same language.

Proximity brings together the right mix of strategy, commercial acumen, and delivery capability—not in sequence, but in sync.

Complex stakeholder engagement, change, risk and project management, overlaid with procurement expertise, commercial contracting and ICT transition experience all play a critical role. A multidisciplinary team can navigate through complexity to maintain momentum and drive results.

It’s not just what we deliver, but how we deliver—integrated, collaborative, agile and with purpose—that transforms high-stakes challenges into successful outcomes.

CONSULTING PRACTICE GROUP

Delivering strategic transformation and operational excellence:

• Evaluation, Assurance and Review.

• Program and Project Management.

• Regulatory Development and Reform.

• Governance Review and Design.

• Business Process Improvement.

• Organisational Design.

• Change Management.

INTEGRATED DELIVERY

Unlocking value through multidisciplinary delivery:

• Holistic problem solving across subject matters.

• Alignment on commercial intent with delivery reality.

• One team, multiple lenses –clearer decisions & better results.

MULTIDISCIPLINARY IN MOTION

The CADS transition needed to be seamless, strategic and invisible to the end user—the candidate. That meant minimal disruption, no duplication and no derailments, all delivered with complete transparency. A key part of Proximity’s value was the ability to adapt in real time—matching the skills and experience of its team with the shifting demands of the project. This flexibility, underpinned by a truly multi-skilled team, kept delivery on track and outcomes aligned.

Trusted by the Commonwealth to lead the transition on its behalf, Proximity designed and led a five-phase program with agile planning and delivery at its core, underpinned by formal governance and a clearly defined completion process for both the incoming and outgoing service providers. A low risk ‘lift and shift’ strategy was implemented, transferring accountability for services with nominal changes to maintain continuity of BAU operations.

The transition plan tracked several hundred tasks across seven workstreams, which were co-led by Proximity’s consulting and commercial special advisors. Responsibility was assigned based on subject matter expertise—not hierarchy. These crossfunctional teams brought together diverse stakeholders navigating both long-standing and newly emerging relationships, including leadership from the outgoing and incoming providers, ADF, and APS personnel. This structure fostered alignment, responsiveness, and disciplined execution. Proximity focused on creating an environment of shared ownership, inclusive decision-making and constructive dialogue to preserve existing relationships, while building trust in new ones.

Widely regarded by key DFR stakeholders as one of the smoothest and most efficient transitions they’ve experienced, the CADS program reflects the strength of Proximity’s integrated model—combining commercial and consulting depth with delivery expertise.

COMMERCIAL PRACTICE GROUP

Enabling smart procurement and commercial confidence:

• Procurement strategy and delivery.

• Commercial Contracting.

• Contract Negotiation.

• Probity Advisory.

• Commercial Risk Management.

Our intentional resourcing approach and agile operating rhythm enabled a clean handover and positioned the incoming provider for immediate success.

“The rigour combined with your team’s experience and collaborative nature made for both a successful and enjoyable transition.”

— CEO, incoming CADS contractor

ONE TEAM, ONE OUTCOME

At Proximity, multidisciplinary delivery isn’t just a concept—it’s how we work. We draw on a broad mix of commercial, consulting and legal expertise, combining the right capabilities for each project and client context. It’s this integrated approach that allows our teams to move quickly, navigate uncertainty, and keep our clients outcomes front and centre.

Complex problems rarely follow a straight line—deliverables overlap, decisions move fast, and risk and opportunity can surface without warning. Proximity meets this complexity head-on with agile, multiskilled teams backed by consistent leadership and built-in quality controls. This gives clients confidence that momentum won’t be lost, and standards won’t slip.

Projects like CADS remind us that the real strength lies in the intersection between structure and strategy, commercial acumen and delivery leadership. That’s where the work gets done. That’s where value is created. And that’s the Proximity difference. ■

We draw on a broad mix of commercial, consulting and legal expertise, combining the right capabilities for each project and client context.

ABOUT THE AUTHOR

Anita has extensive procurement experience gained by conducting end to end procurements and providing procurement advisory across roles in the private and public sectors as an APS employee and as a consultant for a wide range of categories including ICT, maritime, aviation, border security, infrastructure and facilities. Anita is passionate about assisting her clients to achieve strategic value for money outcomes and sharing her knowledge with clients to increase internal procurement expertise.

SENSITIVE STAKEHOLDER ENGAGEMENT

Taking the time to earn trust.

How do you engage stakeholders in an environment where trust is scarce, tensions run high, and every conversation carries weight? That was the challenge Proximity faced in a recent series of stakeholder engagements conducted within a corrections environment. We have found certain fundamental principles hold true across all sensitive stakeholder engagements, whether around the boardroom table or inside a prison.

UNDERSTANDING THE STAKEHOLDER LANDSCAPE

Effective stakeholder engagement begins long before the first conversation. Preparation, awareness, and careful relationship management are key to navigating complex environments.

Our evaluation team was commissioned to look at a workplace reform program for custodial officers in ACT Corrective Services, introduced because our client was working where several significant improvements needed to be made to support staff safety and wellbeing. The unique setting of corrections and understanding how this impacts workplace dynamics between staff in this environment was critical. We consulted with over 75 individuals as part of this engagement, and needed to be acutely aware of the unique workplace environment, as we engaged with both staff and detainees.

While adaptability during stakeholder engagement is critical, having a clear picture of the various stakeholders, their interests and the potential challenges this will impose, allows for more strategic and thoughtful engagement in any sensitive environment.

MANAGING PSYCHOLOGICAL RISKS

Managing psychological risks in highstress environments is vital for successful stakeholder engagement. In the field of corrections, we explored with stakeholders the intense stressors faced by staff and detainees. This required us to carefully navigate the risk of re-traumatisation and to handle these conversations with care.

It’s also essential to manage the mental health of those conducting these engagements. Implementing robust support systems, including mental health resources and regular debriefing sessions, helps maintain team resilience, while also enabling the continuation of meaningful, effective and empathetic engagement.

TRANSPARENCY IS VITAL

Setting expectations early on and having difficult conversations about hard truths is crucial. This means being upfront about the challenges and potential outcomes from the start, both with the client and stakeholders. Engagements such as these only work when clients genuinely want us to hold difficult conversations about their operating environment. This isn’t about pointing the finger or laying blame, it’s about commitment to understanding issues and improving, and the success of this engagement rested on ACT Corrective Services’ openness to hearing hard messages and ideas for solutions.

At the same time, to distil diverse opinions effectively and ethically, we need to ensure stakeholders understand that their views are heard, but also that there are multiple perspectives. This is about the importance of due process, hearing and reporting all views, but also being clear that final recommendations must reflect the full picture, not privileging a particular

perspective over others. Inevitably, some stakeholders will find this disappointing, but being open from the start is key to making it fair.

Balancing stakeholder anonymity with transparency is also important, and if not managed carefully this can be difficult. However, by avoiding the use of direct quotes, and by speaking to representative stakeholders in each group, general attitudes and themes can be reported and key messages received by management, without individual anonymity being compromised. Striking the right balance here is critical to ensure all voices are heard, and the feedback provided is honest and constructive.

ENGAGE IN ACTIVE LISTENING

When exploring the pressure and stress faced by custodial officers and detainees, every view matters. Open engagement and active listening provide the best opportunity to hear from participants, regardless of individual reputations, alliances or criminal history.

Failing to put aside judgements and bias is a missed opportunity to gain important insights. In our case, active listening not only helped us understand diverse perspectives on the various topics we considered, but by committing to genuine dialogue, we were able to build trust and foster a more inclusive environment, ultimately extracting more valuable information from each interaction.

BUILDING TRUST TAKES TIME

Unlocking honest conversations starts with building genuine connections. In sensitive environments, it can take time for everyone to open up about their challenges. Sometimes to build rapport, this can mean being flexible in your approach, such as meeting people where they are.

SAMANTHA MAYES Special Advisor

PROCESS CHECKLIST

Understand the stakeholder landscape

Manage psychological risks

Be transparent

Engage in active listening

Take time to build trust

Trust the process

For this engagement, we spent several weeks in corrections facilities. This allowed us to be present and to demonstrate that we and our clients seriously cared about the engagement’s outcomes. In any complex stakeholder environment, taking time to create a foundation of trust and openness gives you the best chance at getting the most out of your engagement.

TRUSTING THE PROCESS

Following any stakeholder engagement, it can be challenging to present findings in a fair and balanced way. This task only becomes more difficult when reporting on sensitive, highly contentious topics.

However, with the right preparation and proper application of engagement principles, the stakeholder engagement results need not be divisive. In our case, obtaining formal, independent ethics approval provided extra oversight of our approach, giving us

JASON WOODS Advisor

additional certainty that we had thoroughly considered our methods and were prepared to tell truth to power.

Conducting sensitive stakeholder engagements involves having difficult conversations, building rapport, and sharing hard messages. By planning, executing and trusting the approach, delivering honest and impactful feedback can provide genuine insight into challenging issues for our clients.

Proximity has a team of experts with deep experience navigating complex stakeholder engagement projects, drawing out meaningful insights to deliver robust outcomes for our clients. ■

ABOUT THE AUTHORS

Samantha 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.

Jason is a trusted Advisor at Proximity who loves solving challenging problems and thrives in a team environment. His highlydeveloped research, communication and critical-thinking skills allow him to adapt and perform in dynamic workplaces.

MEET COOPER SHAW

Cooper is an enthusiastic, adaptable, and engaged advisor, as well as an avid snowboarder! He loves solving complex problems and brings an eye for detail, as well as a calm and professional demeanour to each project team he supports.

Q Tell us how you came to join Proximity.

A After finishing my double degree in law and international business in 2024, I was looking to find a role with a diverse scope of work where I could contribute to meaningful projects. I joined Proximity‘s Consulting team in February, I’m loving the work, and I’ve already had the opportunity to contribute to a range exciting projects.

Q What is your proudest moment in a professional context?

A Last year at university I was awarded first class honours in law—something I worked really hard to achieve. My thesis examined how Truth in Political Advertising laws interact with AI and social media, and the constitutional implications of enacting stricter laws to prevent misinformation in politics.

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

A I’ve learned that it’s important not to stress too much about the first step in your career. Everyone I’ve talked to has said to do something you enjoy, but don’t try to plan out your whole life. I’ve also been advised to focus on developing yourself into a well-rounded person, not just focusing on work or studies but thinking about life holistically. I think this is important.

Q What keeps you awake at night?

A I often find myself reflecting on how I can best implement feedback I might receive throughout the day. I think implementing feedback is just as important as getting it in the first place. That and figuring out how I can perfect my latte art both keep me awake!

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

A To me, ‘success’ relies on having success in a range of different areas in life. In a professional context, I want to be able to look back and be proud of the work I’ve done and be an expert in my field. In a personal context, I think success is being surrounded by friends and family and having an exciting life. One where you try new things, have new experiences and don’t have any regrets.

Q Away from work, what is your passion?

A I love snowboarding—my mates and I will often head up to Perisher on the weekends. I also love running when I’m not nursing my latest injury (and skipping my physio exercises) and travelling. Just before joining Proximity in February, I backpacked through India, Sri Lanka and the Maldives, and I’ve previously backpacked through Nepal, Thailand, Vietnam and Laos. My next trip is to New Zealand so I’m excited to explore there soon! ■

REGULATORY BARRIERS TO AN INTEGRATED PUBLIC SERVICE

An integrated public service is vital to cultivating collaboration, enhancing efficiency and improving the delivery of services to the Australian public.

With increasingly complex and tailored service delivery comes a need for government to collaborate across portfolios, levels of government, and with our trade and security partners internationally. Important regulatory environments that provide parameters for the activities of the public service can either directly or indirectly, and rightly or wrongly, create barriers for effectiveness.

Knowledge of these barriers, and strategies to better navigate them, will help public servants to best support the Australian community.

WHAT IS AN INTEGRATED PUBLIC SERVICE?

An integrated public service is one which promotes collaboration, communication, data-sharing, joint problem-solving, improves cost-efficiency and can help to identify systemic problems. When departments work together effectively, it can reduce costs, avoid duplication and improve outcomes for Australians.

Consider sector-scale workforce planning, for example health workforce planning, and the integration required to fully understand the supply and demands of suitably skilled persons, now and into the future. Relevant datapoints span immigration, education, and public health domains at the federal level, and hospitals, health administration at the state/territory level, and possible roles for non-government organisations such as peak bodies and professional associations.

An integrated public service would allow for the collection, storage and transfer of this data seamlessly within and across public services.

REGULATORY BARRIERS PREVENTING COHESION

Instead, we often find officials, agencies and entire governments caught in the doldrums of regulatory barriers that inhibit integration, particularly with respect to data sharing.

Officials are concerned about a myriad of obligations they, their agencies, and the broader government are beholden to, and the easier option is to turn away from integration.

The inverse is also possible, where poorly planned integration leads to inadvertent breaches of obligations.

Datapoints are duplicated across government in lieu of integration, with subtle variations enough to undermine their credibility. Without supporting data, important decisions may be put on the backburner while other more easily defensible (and possibly less impactful) policies and programs are progressed.

We see isolated instances where integration is enabled, but it’s not the general practice and the foundations that enable the integration are not scalable or repeatable.

BARRIERS TO INTEGRATION

Many barriers link back to the regulatory operating environment that public servants are operating within. For example:

• Strict agency processes developed following a breach which overly constrain the activities of public servants.

• Reduced risk appetite from an agency due to perceived reputational, business or legal risks.

• Complex and varied legal agreements that lead to downstream hesitation or inability to share critical information.

• ICT system design and implementation that fails to consider valuable inputs or outputs in the broader system.

• General risk-averse attitude within the agency.

RELATIONSHIP BETWEEN LAW AND DEPARTMENTAL PROCESSES

These common issues are symptoms of a key underlying problem. While not all of these barriers are strictly regulatory in nature, they are in some shape or form underpinned by a regulatory environment that isn’t working for the agency, and is preventing improved integration.

An example of this at play is the interaction between departmental processes and the underpinning regulation.

These factors can result in the development of processes and protocols which may be more burdensome than the regulation itself. Whilst compliance with legislation by the government is vital, it is worth considering that frequently, our experience shows that government departments may establish operating procedures that adopt a position on organisational risk that limits the agency’s ability to benefit from the underlying regulation’s parameters. These risk-averse protocols hamper integration and result in avoidable losses of efficiency.

Additionally, as the law changes, if departments do not have their finger on the pulse, undetected regulatory changes may lead to inadvertent breaches of the law. This can lead to a knee-jerk overcorrection in processes to avoid subsequent breaches, which further increases their burden on operations.

“Once bitten, twice shy.”

The diagram below demonstrates this typical interaction.

USING REGULATION AS THE FOUNDATION OF IMPROVED INTEGRATION

There is an opportunity for the same “barriers” to be used as alignment principles to create an authorising environment for improved integration. Conceptually, it’s about moving from Operating Environment A (right) to Operating Environment B (bottom right):

We’ve seen improvements in agencies that undertake the following in line with their regulatory operating environment(s):

1. Capability uplift—knowledge building in key integration functions to understand the operating environment and right-size their risk appetites to the regulatory reality.

2. Policy and process redesign—removing unnecessary checks and balances that reflect outdated regulatory settings or risk appetites.

3. Assurance—implementing deliberate checks and balances across agencies and industries where law change could result in a change in operating environment.

OPERATING ENVIRONMENT A

DEPARTMENTAL PROCESSES

REGULATION RISK APPETITE

PROGRESS PREVENTED

OPERATING ENVIRONMENT B

TAKEAWAYS

Regulation isn’t a barrier; it’s an operating environment to be navigated. Lean into the hard work up front and reap the rewards of a better integrated public service. Proximity has helped agencies to undertake the required analysis of the regulatory operating environments impacting specific initiatives and entire sectors, and has helped to design and implement reform to support a better integrated public service. ■

DEPARTMENTAL PROCESSES

CULTURE

RISK APPETITE

INDIVIDUAL KNOWLEDGE REGULATION

PROGRESS PREVENTED

ABOUT THE AUTHOR

Cooper has previously worked in a private practice law firm and has assisted with projects advising government and ASX-listed entities on how to navigate complex regulatory environments. Cooper excels at conducting deep desktop research and has a wide range of experience in analysing legislation, case law, policy and grey literature.

to work in collaboration with our clients.

Ingrid Bremers Special Advisor