The government party will have a range of existing probity requirements and processes in place. These should be included in the contract administration manual.
The probity requirements and processes should address:
• internal organisation and decision-making processes;
• confidentiality and disclosure;
• dealing with proprietary information;
• dealing with conflicts of interest for contract management team members and their advisers (see also Section 13.6 and Appendix C of the National PPP guidelines: practitioners' guide);
• consultation with the government;
• establishing a probity culture;
• queries on probity (including scrutiny by the Auditor-General, Parliament, and the Ombudsman);
• the requirements of the Public Administration Act 2004; and
• the standards of conduct (including the duty of confidentiality and in relation to accepting, declaring and recording the receipt of gifts or benefits) for all public servants under the Code of Conduct for Victorian Public Sector Employees.
Probity issues also apply to private sector parties and their conduct. For guidance on this matter refer to Chapter 38 of the National PPP guidelines: commercial principles for social infrastructure and Chapter 37 of the National PPP guidelines: commercial principles for economic infrastructure (as applicable) and the Partnerships Victoria standard project deed guidance notes.