Appendix 1:  Public Interest Evaluation

The Public Interest Evaluation should be assessed as part of the Procurement Strategy phase (see Figure 3.1) to ensure that PPP procurement is in the public interest. The Public Interest Evaluation should be updated throughout the procurement process to ensure that the PPP delivery method continues to be in the public interest.

The Public Interest Evaluation will assess the PPP project for the following public interest attributes:

1. Effective in Meeting Government's Objectives

The PPP project should be consistent with:

  the Responsible Agency's budget, service objectives and delivery

  strategy;

  Government's short and long term policy objectives;

  employment and environmental legislation and Government policies;

  concurrent government initiatives/projects (potential for extra benefits/synergies or detriment/conflicts; and

  economic and regional development in the area concerned, including investment and employment growth.

2. Achieves Better Value for Money

  Does PPP procurement offer better value for money than the best practicable public sector delivery model?

  Is the level of the user charge paid by the public appropriate and related to the benefits to be received by the user under the project? (if applicable)

  Is the level of contribution by taxpayers reasonable? (if applicable)

3. Community Consultation

  Identify individuals/groups (e.g. employees, unions, community groups and local councils) likely to be affected by the project.

  Assess the likely impact of the project on those individuals likely to be affected by the project, including the likely social, economic, employment and environmental issues which may arise.

  Develop a community consultation process which:

-  ensures participation by the affected individuals/groups during the EOI and short-listing process

-  in the case of large, complex or controversial projects, ensures the participation of the affected individuals/groups after contract

-  signing, during construction and during the commissioning of the project; and

-  complies with the legal requirements and broader Government policy standards.

  How have issues raised by the community as part of any community consultation processes been addressed or how will they be addressed?

4. Consumer Rights

  Ensure compliance with relevant consumer rights legislation and Government policies.

  Ensure the PPP project provides sufficient safeguards for service recipients, particularly those for whom Government has a high level of duty of care, and/or the most vulnerable including special needs and rights.

  Assess whether identified special needs and rights are met by the project and if not, what provisions and mechanisms can be introduced to address those deficiencies.

5. Accountability and Transparency

  Are the project processes transparent and do they allow the community to be appropriately informed about the key elements of the project?

  Does the project management structure demonstrate clear responsibility and accountability for project reporting?

  Is there, or will there be, a comprehensive probity plan and are there measures to ensure transparency of process?

6. Public Access

  Are there adequate arrangements to ensure that the public, including disadvantaged groups, can access and use the Government service(s) and related infrastructure? This should include:

-  clearly identifying the nature and extent of public access needed;

-  developing project plans to meet these needs; and

-  protecting third party access to essential infrastructure and services.

  To the extent that the project cannot protect the identified public access needs, what provisions or mechanisms can be used to address these deficiencies?

  Do the proposed infrastructure and service specifications comply with relevant public use and access legislation and Government policies?

7. Health and Safety

  Clearly identify all public health and safety standards as per legislation, Government policies or from other Government's accountability.

  Does the project contain sufficient mechanisms to ensure that the project achieves the identified public health and safety standards?

  To the extent that the project does not achieve some of the identified public health and safety standards, what provisions or mechanisms does the Responsible Agency propose to address this deficiency?

8. Privacy

  Clearly identify user rights to privacy as per legislation and Government policies.

  Does the project contain sufficient mechanisms to ensure that the identified rights to privacy are protected?

  To the extent that the project does not protect all of the identified rights to privacy, what provisions or mechanisms does the Responsible Agency propose to address this deficiency?