The following dot points set out the basic principles and steps to follow when executing
the contract:
- Involve legal and probity advisers at an early stage, where appropriate — ideally
as far back as the preparation of tender documents (including the draft contract).
- Exercise caution in discussions to avoid creating implied or preliminary contracts.
- Consider the use of trained negotiators in complex or high value cases.
- Ensure that the agency’s accountability to Parliament for financial management and
administration is not compromised, particularly through inappropriate use of confidentiality
clauses.
- Clear up all outstanding issues before signing.
- Use standard or model clauses as far as possible and check that all Australian
Government requirements have been included.
- Where an agency’s cash flow is a consideration, the contract should provide that
the consultant will issue a GST tax invoice, whenever requested.
- Before signature, check the final draft contract with a legal adviser.
- Always sign the contract before the commencement of the consultancy.
- Ensure that mandatory Australian Government reporting requirements are fulfilled
within six weeks of entering into the agreement.