Procurement Complaints

Procurement Complaints under the Commonwealth Procurement Judicial Review Act 2018.

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The Government Procurement (Judicial Review) Act 2018 (the Act) commenced on 20 April 2019. The Act provides any supplier whose interest may have been affected, with the right to seek judicial review for breaches of the Commonwealth Procurement Rules (CPRs).

In particular, the Act:

  • allows suppliers to make a complaint about a breach of the CPRs which may suspend the procurement process until the complaint is resolved or withdrawn, or the court makes a finding;
  • allows complainants to seek compensation from the courts for costs incurred by a potential supplier in preparing a tender, in making a complaint and in attempting to resolve such a complaint; and
  • allows complainants to seek injunctions to restrain the Commonwealth from doing something, or to require the Commonwealth to do something.

Additional information can be found in the Government Procurement (Judicial Review) Act 2018 fact sheet.