Procurement compliance: audit, complaints and investigation

The Queensland Government Procurement (QGP) Compliance Branch (previously the QPP Compliance Unit) has been established to ensure a level playing field where government suppliers and agencies meet their commitments under the:

• Queensland Procurement Policy (QPP)
• Ethical Supplier Threshold
• Ethical Supplier Mandate
• Best Practice Principles (BPP)
• Building and Construction Training Policy
• Local Benefits Test
• Queensland Government Food and Beverage Supplier Directory

The Compliance Branch is made up of the Buy Queensland Audit Unit, the Procurement Investigation Unit and the Strategy and Coordination Unit. These units work together to conduct audits and investigations, manage escalated procurement complaints, and ensure that suppliers deliver genuine, quality and secure ongoing jobs with fair pay and safe working conditions.

The data collected from audits, investigations, and complaints, informs our guidance material and policy development so we can continuously improve compliance with the Queensland Procurement Policy to deliver on the Buy Queensland approach.

Buy Queensland Audit Unit

The Buy Queensland Audit Unit (BQAU) aims to strengthen existing policies and initiatives through a program of compliance audits. Policies and initiatives are in place to provide guidance and further strengthen Queensland for Queenslanders.

The BQAU currently provides compliance support on the following policies and initiatives:

• Best Practice Principles: Quality, safe workplaces
• Local Benefits Test
• Building and Construction Training Policy.

Best Practice Principles provide guidelines for applying the highest possible standards of workplace health and safety, engaging in agreed numbers of trainees and apprentices and implementing best practice industrial relations on major state government projects. Audits are conducted during the construction phase and at practical completion to assess the performance of suppliers engaged to work on these projects against their contractual commitments.

The purpose of the Local Benefits Test is to evaluate the benefits any supplier would bring to the local area. For example, a supplier located outside the local area could still provide a benefit by employing local workers or sourcing from local businesses. including manufacturing businesses in the supply chain.

The Queensland Government's Building and Construction Training Policy aims to create employment opportunities and skills development for apprentices and trainees. It also focuses on increasing the economic independence of Aboriginal or Torres Strait Islander Queenslanders in the industry.

The BQAU in consultation with the Department of Employment, Small Business and Training (DESBT) and industry have developed the following template and guidance materials:

• Building and Construction Training Policy—Evidence Guide (PDF, 656.22 KB)
• Building and Construction Training Policy—Evidence Management Presentation (PDF, 3770.75 KB)
• Principal Contractor Evidence Validation Spreadsheet—sample template (XLSM, 104.97 KB).

These documents are intended to assist principal contractors to understand the evidence required to support their new entrant and other workforce training hours entries in the Training Policy Administration System (TPAS). The sample template is a tool that Principal Contractors may choose to use to manage their training hours and evidence.

Procurement Investigation Unit

The Procurement Investigation Unit (PIU) investigates alleged breaches of the Ethical Supplier Threshold (the Threshold) and incidents of non-compliance under the Ethical Supplier Mandate (the Mandate) on behalf of all procuring agencies across government.

Allegations of non-compliance arise from the findings of BQAU audits, referrals from procuring agencies or complaints about the ethical conduct of government suppliers from members of the public.

The PIU triages and assesses these allegations alongside any evidence submitted by the procuring agency or complainant. Matters progressed for investigation are managed in accordance with the guidelines of the Threshold and the Mandate. Findings from these investigations are then communicated to the complainant, or the procuring agency, and referred to the Strategy and Coordination Unit to manage the extenuating circumstances proceedings.

If a potential regulatory breach is identified during the investigation, the PIU refers the matter to the appropriate regulator.

The PIU no longer manages government procurement-related complaints outside of complaints explicitly relating to the Mandate and the Threshold. Suppliers and buyers can submit a complaint about government procurement processes via the dedicated whole of government complaint’s process.

For more information, refer to the section below, Make a complaint about a procurement process.

Strategy and Coordination Unit

The Strategy and Coordination Unit (SCU) undertakes policy development, implementation and review and provides strategic advice to procurement stakeholders regarding the Threshold, the Mandate, the Tripartite Procurement Advisory Panel, the Procurement Compliance Portal and the Ethical Procurement Compliance Training program.

The Mandate impacts government suppliers who breach the Threshold and/or their contractual obligations, policies, or laws; unless their conduct is due to an honest mistake, oversight, or accident. Under the Mandate, demerits are issued on a sliding scale for minor, moderate major or aggravated non-compliance.

The Threshold requires that government suppliers have not:

• paid (or paid the incorrect amount of) superannuation contributions on behalf of their employees in accordance with the law
• treated employees as independent contractors when they are not or asked that they provide an ABN so that they could be treated as an independent contractor
• entered a labour hire arrangement with a person who is not licenced or where a supplier is an unlicensed provider under the Act
• paid employees below the applicable modern award including for people with disability (suppliers must provide award-based wages using the Supported Wage System where appropriate)
• engaged persons on unpaid work trials or unpaid interns where they should be treated as employees
• contravened civil remedy provisions of the Fair Work Act 2009 (Cth) or the Industrial Relations Act 2016.

Contact us

Procurement Investigation Unit—Investigations

• Email: QPPCompliance@epw.qld.gov.au
• Phone: 1300 10 50 30, option 1 (9.00am to 5.00pm, Monday to Friday)

Buy Queensland Audit Unit

• Email: BuyQLDAudit@epw.qld.gov.au
• Phone: 1300 10 50 30, option 2 (9.00am to 5.00pm, Monday to Friday)

Strategy and Coordination Unit

• Email: ethicalsupply@epw.qld.gov.au
• Phone: 1300 10 50 30, option 3 (9.00am to 5.00pm, Monday to Friday)