Effective date: 1 July 2018
Objective: To define the principles of probity and to create an understanding of probity expectations, aligning them with Public Sector Values
Probity is a fundamental principle of Victorian Government procurement.
Probity stands for integrity, fairness and honesty.
Maintaining probity in procurement involves more than simply avoiding corrupt or dishonest conduct. It means ethical behaviour that upholds Public Sector Values and ensures impartiality, accountability and transparency.
The probity-specific Directions and Instructions should be an ongoing reference at all points of a tender process and contract management.
This Guidance discusses how the probity requirements for Public Construction Procurement encompass the application of Public Sector Values.
Applying Public Sector Values
Probity is embedded in the overarching laws and codes that apply to the Victorian public sector, including in the:
- Public Administration Act 2004 (Vic),
- Victorian Public Sector codes of conduct, and
- Financial Management Act 1994 (Vic).
These laws and codes take precedence over the Directions and should be the starting point for determining the appropriate way to conduct Public Construction Procurement.
Agencies have policies, systems and procedures to address the Victorian Public Sector codes of conduct. Employees and contractors covered by the code are each individually responsible for adhering to them. Refer to Agency-specific policies about managing conflicts of interest and gifts, benefits and hospitality.
Probity in procurement – Goods and services procurement guide (Victorian Government Purchasing Board, 2019)
Contains general guidance on probity issues for Agencies.
National Public Private Partnerships Guidelines Volume 2: Practitioners’ Guide (Department of Infrastructure and Regional Development, October 2015)
Contains guidance on probity issues that relate to public private partnerships.
National Alliancing Contracting Guidelines (Department of Infrastructure and Regional Development, September 2015)
Contains guidance on probity issues that relate to alliancing policy.
Tools and support
The Practitioners Toolkit includes key documents, guidance and information about the Ministerial Directions and Instructions for public construction.
For further information about the Ministerial Directions and Instructions for public construction procurement, please contact the Construction Policy Team.