Government Contracts and the Non-Government Sector

Governments are increasingly outsourcing the delivery of basic services such as health, employment and welfare assistance. The so-called 'gagging clauses' in some Government contracts have attracted public attention. Yet this is but one aspect of a complex legal relationship that has a direct impact on Government administration and the nature of community organisations.

While there has been considerable comment upon the so-called 'gagging clauses' in some contracts, this is but one aspect of a complex legal relationship that has a direct impact on government administration and the nature of community organisations.

Earlier this year the Whitlam Institute teamed up with the UWS Social Justice & Social Change Research Centre and the Public Interest Advocacy Centre (PIAC) to look take a close look at the contracts that the Australian Government offers non-government agencies delivering its services.

This modest project, supported by Jobs Australia, is focusing on employment service contracts.

Having undertaken a preliminary investigation of the available research, we have embarked upon a series of interviews with the CEOs and managers of some thirty non-government organisations. This new research seeks to supplement what we already know with lessons straight from the coalface.

At the same time PIAC's legal expertise is being put to good use in the legal analysis of standard contracts.

Though our research is still in train, the project is attracting considerable attention and active interest from the Federal Government. The research is due to be completed in September soon after which we hope to be making our preliminary findings public.