NGOs and Government contracts: promoting and protecting principles

As governments increasingly enter into contractual relationships with community sector organisations for the provision of services there are questions being asked about the nature of these relationships and the principles that underlie them. Do the contracts reflect: the responsibility and obligations of government; the partnership aspects of the relationship; and, the unique role of the community sector as a service provider?

The Whitlam Institute has been working, in collaboration with the UWS Research Centre for Social Justice and Social Change and the Public Interest Advocacy Centre (PIAC), to develop and assess the value of prototypical contractual principles that properly reflect the responsibility and obligations of government in entering into financial relationships with the NGO sector. The principal focus of the research in the project has been on federally funded employment services with the understanding that the findings that emerge are likely to reflect a broader contracting experience.

There has been considerable progress in this project. The review of relevant existing research has been completed and the primary research, consisting of 25 interviews with CEOs and General Managers of non-government and community organisations, is now complete. We have now also received the preliminary legal analysis of a range of government contracts.

Taken together, this is a significant body of work that we are confident will provide insights into the nature of the relationship between Government and non-government service providers. More importantly, we should be able to posit a set of contractual principles for use in ensuring higher standards in these critical contractual relationships.

We will be reporting on the project findings in more detail in the New Year and, as is our custom, the final report will be posted on our website.