9. Other Relevant Rules of Law
Jump to
9. Other Relevant Rules of Law Start Comparison
a. Are there any related bodies of law of relevance to procurement by public agencies?

Some of the related bodies of law have been referred to in the other sections of this chapter. In a public law context, laws on bribing public officials, corruption and freedom of information are relevant to procurement.

Public agencies are subject to private laws in much the same way as private- sector bodies. Relevantly, this includes contract law and laws dealing with breach of confidence. In some cases, the government can be held to a higher standard of compliance with private laws (or an obligation to act in good faith more readily implied) than non-government bodies.

Legislation (other than legislation specifically intended to regulate government) can have more limited application. As noted in Section 5(b), a private sector organisation who engages in misleading conduct in conducting procurement can be liable under the CCA, but a government body engaging in the same conduct might not be.

b. Does a specific contract law apply for public contracts?

No, the general Australian law of contract applies to public contracts.