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Exercise

Exercise 1

Case Study – Investigation of ABC Constructions Pty Ltd for the Ipswich Stadium Project

We know from Module 8 and Module 9, ABC Constructions Pty Ltd (“ABC“) is the principal contractor on a new $125 million sports stadium in Ipswich.  The project has reached practical completion and the procuring agency for this project, the Department of Energy and Public Works has completed its investigation. The procuring agency has determined that there is sufficient evidence to support the allegations the subject of your investigation and are now required to follow the show cause process.

Resources

Task

Using the template provided above, prepare a Show Cause Notice to be provided to ABC from the procuring agency as part of the show cause process.

Exercise 2

Case Study – Investigation of ABC Constructions Pty Ltd for the Ipswich Stadium Project

The Department of Energy and Public Works provide ABC with a copy of the Show Cause Notice.

Two business days later, ABC responds to the Show Cause Notice and alleges that the investigation was bias because someone in the procuring agency has it in for them because a relation was a complaining apprentice.

Nevertheless, you still consider that the alleged non-compliance is capable of being progressed.

Remember from our learnings that if the breach is capable of being progressed, the procuring agency is required to fill out the appropriate reporting template called the Procuring Agency Referral Report which will set out:

  • particulars of the breach;
  • type of related non-compliance criteria;
  • all information and evidence obtained during the investigation (by either the procuring agency, principal supplier or the regulator/law enforcement agency); and
  • provide copies of all correspondence received from the supplier during the show cause proceedings and throughout the investigation process.

Resources

Task

Using the template provided above, prepare a Procuring agency referral report to be provided to the QGP Compliance Branch. As a group, we will discuss your suggestions for the report.

Not intended as legal advice. Read full disclaimer.