The Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 (Qld) was passed on 16 October 2019. The Act provides several amendments to the Local Government Act 2009, some of which specifically relate to local governments’ contracting options during the caretaker period. The next of these caretaker periods is coming up early next year in the lead up to the local government elections in 28 March 2020, so it is vital you plan ahead to ensure you are prepared for the caretaker period ahead of time.

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Paul Muscat Craig Tanzer Aaron Williams BJ Doyle Tayla Kamura *Disclaimer: The information contained in this update is intended as
a guide only. Professional advice should be sought before applying
any of the information to particular circumstances. While every
reasonable care has been taken in the preparation of this update,
MinterEllison does not accept liability for any errors it may contain.
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Procurement in Focus
26 November 2019
Amendments to electoral provisions in the Local Government Act 2009 (Qld) relating to
procurement
The Local Government Electoral (Implementing Stage 2
of Belcarra) and Other Legislation Amendment Act 2019
(Qld) was passed on 16 October 2019. These
amendments are particularly relevant with the
Queensland local government elections slated for 28
March 2020.
In particular there are several amendments to the Local
Government Act 2009 (Qld) which particularly affect
local governments’ contracting options during the
caretaker period, which starts on the day public notice of
the election is given and ends at the conclusion of the
election.
The definition of ‘major policy decision’
During the caretaker period leading up to a local
government election, local governments are prohibited
from making ‘major policy decisions.’ This is to make
sure that the fairness of the upcoming election isn’t
affected by any major policy decisions, and in the case
of a change in government, to help prevent the incoming
government from being bound by significant decisions
made at the tail end of the outgoing government’s
tenure.
Previously, in relation to procurement, the definition of
‘major policy decision’ included a decision to enter into a
contract worth more than the greater of $200,000 or 1%
of the local government’s net rate and utility charges.
The new definition still includes that provision, but it now
also includes a decision ‘relating to making or preparing
an arrangement, list, plan or register in the way provided
under a regulation made under this Act that can be used
to establish an exception to obtaining quotes or tenders
when entering into a contract.’
Why does it matter?
This amendment specifically relates to the exceptions to
a local government’s requirement to invite written quotes
and tenders for medium to large-sized contractual
arrangements. Previously, local governments were still
able to enter into agreements like standing offer
arrangements and decide to prepare tender
consideration plans during the caretaker period. With the
new amendment, however, this will no longer be the
case.
During the caretaker period, local governments can no
longer decide:
 to prepare a quote or tender consideration plan;
 to enter into a standing offer arrangement;
 to put together an approved contractor list;
 to establish a register of pre-qualified suppliers;
 to enter into a preferred supplier arrangement; or
 to enter into an LGA arrangement.
What to do about the upcoming caretaker
period
The Electoral Commission of Queensland has indicated
that they will likely publish the next notice of election on
22 February 2020. The caretaker period will run from
that day until the election results are published by the
Electoral Commission of Queensland, which should be
shortly after the election is held on 28 March 2020.
Since local governments will not be able to make the
aforementioned major policy decisions during the
caretaker period, it is vital that you plan ahead to make
any such decisions before the caretaker period
commences. If you have any questions relating to the
above material and would like further information, please
contact Paul Muscat (details below) for assistance.