Legal Aspects of Managing Government Service Delivery Contracts in Complex Environments

Sophie Coleman, Legal Counsel & Contract Manager, Save the Children Australia, Australia
Simon Miller, Legal Counsel & Company Secretary, Save the Children Australia, Australia

The evolution of public administration over the last few decades has seen governments increasingly outsource community and other services. While in the past focussed at an operational level, government agencies are now responsible for overseeing delivery of programs and services, and contract management. Using the case study of Save the Children Australia’s provision of welfare, recreation and education services on behalf of the Australian Government to asylum seekers and refugees in Australia’s offshore immigration processing countries, this paper provides tips for navigating this complex environment, and provides illustrative examples of issues that may arise. In particular, significant investment in legal and risk management is required to ensure complex contracts of this kind are delivered successfully. In addition, the case study illustrates that service providers need to be resilient and adaptable, and will benefit from having personnel in-house with relevant government expertise to ensure that the interests of all parties, including beneficiaries of the services, are upheld. This paper has particular relevance in the context of the migration crises currently occurring in Europe and elsewhere, and for counsel for service providers that may be engaged by governments to deliver vital services to these vulnerable people.

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Australia Contract Charity September 2015 Vol. 8, No. 32, Summer 2015

Sophie Coleman

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Sophie Coleman, Legal Counsel & Contract Manager, Save the Children Australia. (BA/LLB (Hons), GDipBA, AMusA). Sophie is a corporate lawyer with experience in the commercial and not for profit sector. Sophie also manages various contracts in relation to Save the Children’s services to asylum seekers and refugees in Australia and overseas.

Simon Miller

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Simon Miller, Legal Counsel and Company Secretary, Save the Children Australia. Bachelor of Laws; Masters of Public and International Law. Simon has extensive experience as a corporate lawyer working in private legal practice in Australia and the United

Save the Children Australia

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Save the Children Australia (SCA) is one of Australia's largest humanitarian aid and development agencies dedicated to helping children. SCA works to protect children from harm and help them access quality education and health services. With more than 90

Australia Contract Charity September 2015 Vol. 8, No. 32, Summer 2015
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