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29 U.N.S.W.L.J. 282 (2006)
PPP: Probity and the Perpetual Processor

handle is hein.journals/swales29 and id is 822 raw text is: (.A\SW Law Journal PPP: PROBITY AND THE PERPETUAL PROCESSOR DAVID TEMPLEMAN* AND PETER PARADISE** I INTRODUCTION Public private partnerships ('PPPs') have gained favour in Australia as a way for both State and Commonwealth governments to procure public infrastructure. In adopting PPPs, governments have endeavoured to procure public services efficiently by using the private sector as a source of financing, construction, project management, and operation and maintenance, while gaining advantages generally linked with the private sector such as cost-effectiveness and commerciality. PPP contracts tend to be for long terms, from five to 10 years for information technology related contracts to 30 years or more for contracts relating to other infrastructure. As a consequence, the value of PPP contracts is significant. which results in greater attention to probity issues than may otherwise be the case. That probity concerns can arise is demonstrated in cases such as Hughes Aircraf , 'tems International v Airservices Australia' and Cubic Transportation Systems Inc v State oJ New South Wales.- Unfortunately, the existence of these cases can result in government bodies feeling unjustly restrained in the manner in which they conduct tender processes. An inordinate amount of time can be spent on compliance with a probity process, which is often cumbersome and inflexible. Whilst the relevant government department may have the best intentions at the commencement of a tender process, the probity elements of that process have the potential to escalate quickly and bear little relevance to the project they were initially designed to protect. Partner, freehills. Senior Associate, F1reehills. 1 (1997) 76 FCR 151 ('Hughes Aircraf t 5 2 [2002] NSWSC 656 (Unreported, Adams J, 26 July 2002) ('Cubic lroani'portation 'steos'). 1,'ohtme 29(3)

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