The Australian Government plans to introduce the Government Procurement (Judicial Review) Bill in the Australian Parliament’s 2016 Spring Sittings. the legislation will confer jurisdiction on the Federal Circuit Court and or the Federal Court of Australia (FCA) to deal with certain procurement disputes. The Courts will be able to grant injunctions or order for payment of damages as compensation in relation to a contravention of relevant Commonwealth Procurement Rules for certain types of procurement.
The proposal flows from a decision to implement an international Government Procurement obligation and 2016-17 Budget measure.
I understand the proposal will involve $2.9 million in funding to the FCA to provide a mechanism to deal with disputes about procurement decisions.
It will be interesting to see whether the legislation, when drawn and passed, breathes new life into MBA LAND HOLDINGS PTY LIMITED v GUNGAHLIN DEVELOPMENT AUTHORITY v KATHERINE CARNELL and Others , which dealt with a procurement dispute involving an authority upon the basis of it being amenable to judicial review at common law, despite it not being subject to review under Administrative Decisions (Judicial Review) Act 1989 (ACT) or deals with the issue in a new way.