The Ombudsman said the Ministry`s use of the contractor`s services by a temporary employment agency from April 2018 for an additional five months as temporary work “was inconsistent with the New South Wales Government`s procurement objectives and ECD procurement policy, as it was not good value for money”. New South Wales Green MP David Shoebridge said more than $1.3 billion in taxpayers` money had been spent by the coalition government to outsource jobs, contractors and consultants in the public sector. “Now we even see them breaking the law to fill leadership positions in the public sector with external contractors,” he said. A department of the state government circumvented its legal obligations when it hired a senior executive as a contractor who received up to $80,000 more than the normal salary for his position. “When departments buy goods and services, they spend public funds. For this reason, procurement must be good value for money and be carried out in an ethical and transparent manner. “These revised documents address the issues raised in the Ombudsman`s report and contain additional safeguards from a procurement perspective. The contractor, who was not named and against whom no adverse findings were made, was initially recruited for six months under the emergency supply provisions. The Ombudsman stated that this meant that the usual guarantees and legal requirements related to the award of the contract were not respected. The contract was then extended for another five months through an employment agency contract that “added additional costs to the previous agreement.” The Ombudsman said that the Independent Commission against Corruption and the media had raised questions about the appointment and that “some of the information provided by DPE in response to these requests was incorrect”.
“After receiving the ECD`s response to these questions, ICAC decided not to take any further action,” the Ombudsman said. To ensure that the EGGF remains up-to-date in the future, the Department has implemented a continuous improvement process to regularly update documents to reflect changes and promote the latest best practices. Users are encouraged to check this website regularly for updates. The EFSG provides information to support those who are responsible for or have an interest in the management, planning, planning, construction and maintenance of school facilities. Some areas of the site are written with the most likely user in mind, i.e. the design guide and specification guide refer to and are written in a Nat-Spec format, which is the industry standard for specification in construction. However, the design intent of the spaces and spaces is very much focused on the educators and the management of the school. The documents are meant to help: A list of our contracts can be viewed via the contract register search on the NSW eTendering website, while our Class 3 contracts are listed below.
New South Wales Ombudsman Paul Miller said the contractor`s name had been omitted from the report. Receive a daily update on the climate summit that will shape our future. Sign up for our Clear Air newsletter here. The New South Wales Department of Education currently has over 2200 schools across the state, many of which existed before the EFSG was founded. The FESG is not developed as a minimum standard or an indicator of law. It should therefore not be used as a reference for the evaluation of current schools. While EFSG documents contain minimum considerations and standards for the elements of a construction project, the materials and construction practices listed are not exhaustive. These documents are not intended to prevent plant planners and designers, in consultation with project stakeholders, from being creative in providing alternative solutions within the available project budget.
“The fact that the procurement would have been carried out as an emergency contract meant that some of the usual safeguards under government procurement legislation and the procurement committee`s guidelines and instructions did not apply,” the Ombudsman said. “Even though there had been an emergency initially, the `immediate needs` were over when ECD expanded its commitment to [the contractor`s] services,” the Ombudsman said. “The DPIE has reviewed and rewritten all of its procurement policies and policies since the time of the procurement in question,” the spokesperson said. “There was no threat to public health and safety or serious legal or financial risks, and the departure of the former executive director was neither sudden nor unforeseen,” the Ombudsman`s report said. The Government Information (Public Access) Act, 2009 (GIPA Act) requires us to disclose the details of all contracts we have with private sector companies valued at $150,000 or more. We are also required by law to release all Class 3 contracts over $5 million. The contractor received $341,360 (GST inclusive), which is equivalent to $390,857 per year. A full-time position in the same band employed under the Public Sector Employment Act, 2013 had an approved salary level between $261,450 and $328,899 per year.
“DPE paid the contractor`s business much more than a person employed in the roll under the Government Sector Employment Act 2013 (GSE Act) would have been entitled to.” A spokesman for the DPIE said it looked forward to the New South Wales Public Service Commissioner reviewing the issues raised by the Ombudsman. The Ombudsman said DPE breached the Public Works and Procurement Order 2014 because it failed to inform the NSW Procurement Board that the company had been mandated to provide emergency procurement services. He had also breached NSW`s procurement guidelines when he failed to keep adequate records of his decision-making regarding the hiring and continued engagement of the contractor`s services. “DPE has not informed the NSW Procurement Board that an emergency supply has been approved, although it is required to do so by law,” the Ombudsman said. “The Ombudsman`s report showed that the information provided to ICAC reflected the amount paid to the contractor. The information did not separately indicate the GST or the amount paid to the temporary employment agency. `DPE acted inappropriately in extending the use of [the contractor`s] services through the temporary employment agency, in circumstances where it has not been able to demonstrate that it is good value for money, even in relation to other options for fulfilling the role of Managing Director.` The EFSG is a set of information that assists in the planning, design and use of the New South Wales Department of Education`s school facilities. The information includes: “We do not make any adverse comments about the contractor`s actions or the quality of the services they provide,” he said.
The Ministry of Planning, Industry and Environment (DPIE), which has taken over the functions of the former ECD, has agreed to implement all the report`s recommendations,” the report said. “This is a damning report by the Ombudsman, and it shows how unscrupulous the coalition has in its efforts to reduce and privatize the public service.” In a damning report, the New South Wales Ombudsman noted that the former New South Wales Department of Planning and Environment filled a vacancy under the Emergency Procurement Regulations in 2018 when “there was no emergency”. .
