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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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