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2024 Probity Traps and Pitfalls – How to Ensure You’re not Next

January 10, 2025

The year 2024 saw two significant procurement scandals that exposed critical failures in probity and governance within Australian government agencies: Tourism Australia and the Australian Passport Office. Both incidents revealed troubling lapses in transparency, ethical conduct, and adherence to the Commonwealth Procurement Rules (CPRs), raising serious concerns about how public funds are managed and the adequacy of current oversight frameworks.

Tourism Australia's Procurement Scandal

The Australian National Audit Office (ANAO) conducted a detailed audit of Tourism Australia’s procurement activities, uncovering severe breaches of probity and accountability. Alarmingly, approximately 75% of the agency’s budget was channelled to third-party contractors without engaging in competitive tendering processes. Such practices directly contravene the CPRs, which are designed to ensure that government procurement is conducted in an open, fair, and transparent manner.

The CPRs emphasise competitive procurement as a cornerstone for achieving value for money and fostering public trust. By bypassing open tender processes, Tourism Australia not only undermined these principles but also exposed itself to risks of inefficient spending, supplier favouritism, and potential conflicts of interest. This case serves as a stark reminder that the absence of competitive processes compromises the integrity of procurement outcomes and weakens public confidence in government operations.

Australian Passport Office Procurement Failures

The ANAO also scrutinised the Australian Passport Office, revealing widespread and systemic procurement failures that spanned over four years, from July 2019 to December 2023. Among the findings were repeated instances of non-compliance with the CPRs, the non-competitive pre-selection of suppliers, and glaring ethical lapses.

One of the most concerning revelations was the presence of undeclared conflicts of interest, where personal relationships or external affiliations may have influenced procurement decisions. Such behaviour not only breaches the fundamental principles of public-sector ethics but also raises questions about how effectively these risks were managed—or whether they were even identified.

Additionally, improper procurement practices were highlighted, including inadequate documentation, failure to justify decisions, and instances where probity considerations were overlooked entirely. These systemic issues point to deeper cultural and governance failings, where adherence to probity and transparency appears to have been deprioritised in favour of expediency or other interests.

Lessons Learned and a Call to Action

The failures in probity and transparency in these two high-profile cases have reinforced the urgent need for systemic reform across public-sector procurement processes. To prevent such scandals from recurring, several critical actions must be taken:

  1. Strengthening Oversight Mechanisms
    Enhanced oversight is essential to ensure accountability in procurement activities. Internal and external audit processes need to be rigorous, with greater utilisation of independent probity advisors to provide impartial oversight throughout the procurement lifecycle.
  2. Mandatory Training for Public Officials
    Public-sector officials involved in procurement must be equipped with comprehensive training programs. These should cover not only the technical aspects of the CPRs but also ethical considerations, conflict-of-interest management, and the long-term consequences of failing to uphold probity. Regular refresher courses and accreditation systems could further embed a culture of integrity and compliance.
  3. Clearer Accountability Structures
    Accountability should be strengthened through clearly defined roles, responsibilities, and consequences for breaches. Senior leadership must lead by example, promoting a culture of ethical conduct and zero tolerance for misconduct. At the same time, whistleblower protections should be bolstered to encourage reporting of improper behaviour without fear of reprisal.
  4. Cultural Change Towards Transparency and Ethics
    Beyond compliance, public agencies must prioritise fostering a culture of transparency, where decisions are not only compliant with rules but demonstrably fair and justifiable. Open communication with stakeholders, public reporting of procurement outcomes, and robust mechanisms to manage conflicts of interest are vital to achieving this.

The Path Forward

Restoring public trust in government agencies requires a steadfast commitment to addressing these failings. The 2024 ANAO findings underscore the importance of probity as the foundation of effective governance and responsible management of public resources. By prioritising reforms in oversight, training, and accountability, Australian government agencies can reinforce their commitment to ethical conduct and rebuild confidence in their stewardship of public funds.

These cases serve as a powerful reminder that probity and transparency are not optional but essential to safeguarding the integrity of public institutions. The lessons from Tourism Australia and the Australian Passport Office must catalyse meaningful change—both to prevent future scandals and to ensure that public resources are managed with the utmost care, diligence, and respect.

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