Does the project provide sufficient safeguards for consumers, particularly those for whom government has a high level of duty of care, and/or those who are most vulnerable?
Best practice contract management procedures must be used, especially in those areas that involve nondelegable duties, such as hospitals and educational facilities. Regardless of any legal obligation on government in respect of such duties - and all other services it is obliged to provide or has committed to provide - government also has a broad responsibility to the community and the service recipients. That is, a political accountability applies, whether government is providing the service directly or indirectly through a private party. Independent regulatory bodies with comprehensive regulatory functions may be required to ensure that the public interest is protected.
Consumers' first line of remedy should be the private party, as in most instances the private party is best placed to provide immediate relief, and appropriate provisions in the contract should be considered. Statutory protection may be contemplated (for example, the Energy and Water Ombudsman of Victoria) to provide an independent channel of redress with powers to hear, investigate and resolve consumer grievances.
Where legislation is enacted in respect of a proposed contract, consideration should be given to whether the legislation would limit the application or action of other statutes and due process to the detriment of public interest. For example, the EastLink Project Act 2004 overrides various other statutes in order to facilitate the project.