16/07/2026
In today’s environment of heightened scrutiny and public accountability, organisations cannot afford to overlook their obligations around confidentiality and conflicts of interest during procurement processes. Recent media coverage has highlighted the reputational, financial and legal risks that can arise when these obligations are not properly identified, disclosed or managed. For both clients and their advisers, even the perception of inappropriate conduct can undermine trust in the integrity of a procurement.
Drawing on our experience advising government agencies across a wide range of procurement projects, several common themes consistently emerge. Establishing clear expectations from the outset is critical. Procurement teams, including external advisers, should be briefed at the commencement of a procurement on their obligations under relevant Australian laws, policies and Codes of Conduct, particularly those relating to confidentiality and ethical behaviour.
It is also important that all personnel involved in a procurement formally acknowledge their responsibilities. One practical measure is requiring team members to sign a Deed of Confidentiality before accessing sensitive information. This helps reinforce the importance of protecting commercial and procurement information throughout the process.
Conflicts of interest require equal attention. Everyone participating in a procurement should complete a declaration identifying any actual, potential or perceived conflicts. These can arise in many forms, including previous employment relationships, personal connections, or involvement in shared community or sporting organisations. While such relationships do not necessarily prevent participation, transparency is essential to ensure risks are appropriately assessed and managed.
Importantly, conflict declarations should not be viewed as a one-off exercise. Circumstances can change during a procurement, and personnel should be reminded to update their declarations whenever new situations arise that could create a real or perceived conflict.
Organisations should also ensure that personnel understand the seriousness of these obligations. Individuals may face personal consequences for failing to comply with confidentiality and conflict of interest requirements, making ongoing awareness and accountability critical.
As procurement teams evolve, new members joining a project must receive the same level of briefing and guidance as existing team members. This includes reinforcing expectations around integrity, honesty, accountability and professional conduct.
Ultimately, a strong procurement framework depends on a culture of transparency and ethical decision-making. When uncertainty arises, the best approach is simple: seek advice and ask questions before taking action. Addressing potential issues early can help protect the integrity of the process and minimise risk for all parties involved.
