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Legislative Assembly for the ACT: 2000 Week 8 Hansard (31 August) . . Page.. 2840 ..
1.2 Minister for Urban Services
The Chief Minister appoints, under Section 4 1, of the Australian Capital Territory (Self-Government) Act 1988, Ministers from the Assembly and together they form the Executive. The Members of the Executive comprise the Cabinet whose function it is to collectively govern the Territory, implement all Territory law and develop and manage the budget.It is through the Executive that the ACT Public Service serves the ACT community. Each Minister has the responsibility to manage one or more Departments of ACT Public Service. The Minister for Urban Services has whole-of-government responsibility for ACT Purchasing Policy, including purchasing in the Construction Industry.
1.3 Authority
The ACT Government Purchasing Policy and Principles Guideline, and other purchasing related policies, have been prepared by the Department of Urban Services, in its whole-of-government procurement role. The Purchasing Policy and Principles, and purchasing related policies are endorsed by the ACT Government.The ACT Government requires that all contract arrangements are consistent with Government policy, with purchasing policy and principles, and with legislative requirements.
1.4 Agency Specific Instructions
In accordance with the Financial Management Act (1996), subsection 3 1 (1), Chief Executives are authorised to develop internal controls and procedures for the efficient and effective financial management of their agency.Where appropriate, Chief Executives may authorise the development of agency specific instructions (eg Chief Executive Financial Instructions), within the scope of the ACT Purchasing policy framework, to reflect the unique characteristics and functions of their respective agencies.
1.5 Ministerial Involvement in the Tender Process
The tender process in the ACT must be a fair and independent process carried out under clear criteria leading to the award of contracts. It is important that organisations submitting tenders, as well as the public, have confidence in the fairness of the tender process, particularly as public money is involved.Ministers and Members of the ACT Legislative Assembly are involved on a daily basis with public representations by sectional and individual interests. This can involve commercial interests in presenting credentials, or marketing the skills of their organisation to Ministers and Members. Any Ministerial involvement in the tender process may create a risk or perception that could undermine public confidence in the probity of the tender process.
Accordingly, Ministers and Members of the Legislative Assembly, or their staff, should not be involved at all in the tender process or in determining the outcome.
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