← All decisions

1. What was proposedMark PartonLiberal · Opposition
   Read the original wording (400 words)

   That this Assembly: (1) notes that: (a) ACT Government procurement should deliver value for money, fair competition, local opportunity and integrity; (b) no union, employer organisation, industry body, political office or other external organisation should have privileged influence over, or access to, confidential procurement information, tenderer details or decision-makers during a live procurement; (c) workplace rights and employment standards should be protected through independent regulation, consistently applied laws and objective evidence; and (d) maintaining public confidence in procurement requires transparency about external representations intended to influence tender processes or outcomes; (2) further notes that: (a) the ACT Integrity Commission investigation into the Campbell Primary School Modernisation Project, known as Operation Kingfisher, exposed serious failures in the Territory’s procurement processes, including inappropriate communications and attempts to influence a live tender; (b) these failures damaged public confidence in the fairness, independence and integrity of ACT Government procurement; and (c) the Secure Local Jobs Code, the memorandum of understanding between the ACT Government and UnionsACT and the Government Procurement (Ethical Treatment of Workers Evaluation) Direction 2023 give unions an inappropriate and privileged role within ACT Government procurement processes; and (3) calls on the Government to: (a) abolish the Secure Local Jobs Code and repeal or amend all associated legislative and administrative instruments necessary to give effect to its abolition; (b) immediately terminate the memorandum of understanding between the ACT Government and UnionsACT relating to procurement; (c) ensure that no union, employer organisation, political office or other external entity is given privileged access to confidential procurement information or information identifying tenderers during a live procurement; (d) establish a mandatory, publicly accessible disclosure register for external representations made to ministers, ministerial staff, public servants or procurement officials that seek to influence a government tender or procurement outcome, and require disclosures to identify, subject to appropriate protections for genuinely commercial-in-confidence information: (i) the person or organisation making the representation; (ii) the recipient of the representation; (iii) the date and subject of the representation; (iv) the procurement process concerned; and (v) any action taken in response; and (e) report to the Assembly by the final sitting day of 2026 on the implementation of this motion. Debate ensued. Paper: Ms Stephen-Smith (Minister for Finance) presented the following paper: Procurement of Goods and Services—Memorandum of Understanding between the ACT Government and UnionsACT—Termination—Correspondence between the Minister for Finance and the UnionsACT Secretary, dated 19 August and 8 September 2026.

2. Proposed changeRachel Stephen-SmithLabor · Minister15 September 2026

   Grouped by key words as: rewrote the proposal, added reporting or consultation, added conditions.

   Before

   (2) further notes that: (a) the ACT Integrity Commission investigation into the Campbell Primary School Modernisation Project, known as Operation Kingfisher, exposed serious failures in the Territory’s procurement processes, including inappropriate communications and attempts to influence a live tender; (b) these failures damaged public confidence in the fairness, independence and integrity of ACT Government procurement; and (c) the Secure Local Jobs Code, the memorandum of understanding between the ACT Government and UnionsACT and the Government Procurement (Ethical Treatment of Workers Evaluation) Direction 2023 give unions an inappropriate and privileged role within ACT Government procurement processes

   After this change

   (2) further notes that: (a) the ACT Integrity Commission investigation into the Campbell Primary School Modernisation Project, known as Operation Kingfisher, exposed serious failures in the Territory’s procurement processes in relation to this project, including inappropriate communications and attempts to influence a live tender; (b) these findings have damaged public confidence in the fairness, independence and integrity of ACT Government procurement; (c) the Secure Local Jobs Code (SLJC) seeks to ensure the ACT Government contracts with employers who uphold workplace rights and safety and deliver secure jobs with fair pay, and that these employers cannot be undercut by businesses and organisations that fail to do the right thing by their workers; (d) the SLJC replaced the 2015 Memorandum of Understanding with UnionsACT (MOU), which the report into Operation Kingfisher acknowledged has not had practical effect since 2019, and which was formally terminated by exchange of letters on 8 September 2026, in accordance with the process set out in the MOU; (e) the report into Operation Kingfisher states that the SLJC ‘amongst other things, reduced the opportunity for unions to influence procurements’ compared with the MOU and ‘had the major consequence of excluding any consideration by ... a procuring Directorate - of attempts by a union to influence the outcome of a procurement process by giving “advice

   The exact wording of this change

   together: 1. Omit paragraphs (1)(b) and (1)(c), substitute: “(b) no union, employer organisation, industry body, political office, Member of the Legislative Assembly or other external person or organisation should have privileged influence over, or access to, confidential procurement information, tenderer details or decision-makers during a live procurement; (c) no union, employer organisation, industry body, political office, Member of the Legislative Assembly or other external person or organisation should seek to influence the Government or its officials to commence, undertake or cease a procurement in any way that contravenes procurement rules or probity;”. 2. Omit paragraph (2), substitute: “(2) further notes that: (a) the ACT Integrity Commission investigation into the Campbell Primary School Modernisation Project, known as Operation Kingfisher, exposed serious failures in the Territory’s procurement processes in relation to this project, including inappropriate communications and attempts to influence a live tender; (b) these findings have damaged public confidence in the fairness, independence and integrity of ACT Government procurement; (c) the Secure Local Jobs Code (SLJC) seeks to ensure the ACT Government contracts with employers who uphold workplace rights and safety and deliver secure jobs with fair pay, and that these employers cannot be undercut by businesses and organisations that fail to do the right thing by their workers; (d) the SLJC replaced the 2015 Memorandum of Understanding with UnionsACT (MOU), which the report into Operation Kingfisher acknowledged has not had practical effect since 2019, and which was formally terminated by exchange of letters on 8 September 2026, in accordance with the process set out in the MOU; (e) the report into Operation Kingfisher states that the SLJC ‘amongst other things, reduced the opportunity for unions to influence procurements’ compared with the MOU and ‘had the major consequence of excluding any consideration by ... a procuring Directorate - of attempts by a union to influence the outcome of a procurement process by giving “advice” as to industrial relations compliance’; (f) in evidence to the Select Committee on Estimates 2026-2027’s Inquiry into the Appropriation Bill 2026-2027, the Integrity Commissioner, Mr Michael Adams KC, stated that ‘to me, [the SLJC] does seem to be sensible ... [the SLJC] does seem to be a reasonable approach to a difficult problem’; (g) the Government will soon respond to the recent report of the Select Committee on Financial Management and Government Procurement Legislative Compliance, which recommended that ‘the ACT Government commission an independent review of the Secure Local Jobs Code to assess whether the Code is effectively achieving the stated outcome’; (h) the Government has publicly indicated it will undertake a review, as recommended by the Select Committee, and has consulted the Secure Local Jobs Code Advisory Council to commence this process; (i) the Standing Committee on Public Accounts and Administration announced on Tuesday 25 August that it would undertake its own inquiry into the effectiveness and operation of the code; (j) the Scottish parliament has unanimously passed Community Wealth Building legislation which provides for an economic framework including secure local jobs; and (k) the ACT Integrity Commission is currently conducting an inquiry into arrangements for lobbying and influence in government in the ACT, which is likely to provide relevant advice on future regulatory frameworks;”. Debate continued. Paper: Ms Clay, by leave, presented the following paper: Community Wealth Building—The ACT Greens discussion paper, undated.

   Agreed in a recorded vote, 14 to 7. Its wording is in the final text.

   Ayes 14

   • Andrew Barr, Marisa Paterson, Michael Pettersson, Chris Steel, Tara Cheyne, Rachel Stephen-Smith, Caitlin Tough, Suzanne Orr
   • Andrew Braddock, Jo Clay, Rebecca Vassarotti, Laura Nuttall
   • Fiona Carrick, Thomas Emerson

   Noes 7

   • Chiaka Barry, Leanne Castley, Ed Cocks, Jeremy Hanson, Elizabeth Lee, Deborah Morris, Mark Parton
3. Proposed changeAndrew BraddockGreens · Crossbench15 September 2026

   Grouped by key words as: rewrote the proposal, changed a date or deadline, added reporting or consultation, turned an action into a review.

   The exact wording of this change

   to the motion, as amended: Omit paragraph (3), substitute: “(3) calls on the ACT Government to: (a) confirm its intention to commission an independent review of the Secure Local Jobs Code in the context of the wider procurement framework in early 2027, taking account of any evidence and findings from the inquiry by the Standing Committee on Public Accounts and Administration into the Secure Local Jobs Code; (b) publish, and circulate to Members of the Assembly; draft terms of reference for the Government’s review of the Secure Local Jobs Code at least one week before they are finalised to allow the community and Members to comment on them; (c) ensure the terms of reference incorporate: (i) consideration of the application and effectiveness of the Government Procurement (Charter of Procurement Values) Direction 2020; and (ii) consideration of the principles of community wealth building, as outlined in the Community Wealth Building Act 2026 (Scotland); (d) on or before the first sitting day in October 2026, provide the Assembly with: (i) an update on the progress of an independent review of past procurements with elevated risk of corruption similar to those identified in Operation Kingfisher, including providing information on the methodology being applied in that review; and (ii) documentary evidence of the status of the 2015 Memorandum of Understanding with UnionsACT, including showing when it was terminated; (e) on or before the first sitting day in February 2027, provide the Assembly with an update on the Government’s review of the Secure Local Jobs Code; and (f) fully comply with all aspects of the current procurement framework, including the full intent of all provisions designed to keep political and improper external influence at arm’s length of decision-making; and (4) requests that the Standing Committee on the Integrity Commission and Statutory Office Holders, subsequent to receiving the anticipated report on lobbying from the ACT Integrity Commission, inquire into and provide recommendations on reforms to the ACT’s lobbying framework, including with respect to the management of transparency registers;”. Debate continued.

   Agreed in a recorded vote, 14 to 7. Its wording is in the final text.

   Ayes 14

   • Andrew Barr, Marisa Paterson, Michael Pettersson, Chris Steel, Tara Cheyne, Rachel Stephen-Smith, Caitlin Tough, Suzanne Orr
   • Andrew Braddock, Jo Clay, Rebecca Vassarotti, Laura Nuttall
   • Fiona Carrick, Thomas Emerson

   Noes 7

   • Chiaka Barry, Peter Cain, Leanne Castley, Ed Cocks, Jeremy Hanson, Deborah Morris, Mark Parton
4. Change to Andrew Braddock's changeFiona CarrickIndependent · Crossbench15 September 2026

   Grouped by key words as: added a new call or point.

   The exact wording of this change

   to Mr Braddock’s proposed amendment: After paragraph (3)(c)(ii), insert: “(iii) an assessment of the effectiveness of Local Industry Participation Plans in increasing opportunities for ACT-based businesses, subcontractors, apprentices and local supply chains, and whether the current framework delivers demonstrable value for money and local economic benefits.”. Debate continued.

   Agreed on the voices. No individual votes were recorded. Its wording is in the final text.

5. What the Assembly decidedAgreed

   Decided on the voices: no individual votes were recorded, so this doesn’t show that every MLA agreed.

   Final agreed wording, with changes marked

   That this Assembly: (1) notes that: (a) ACT Government procurement should deliver value for money, fair competition, local opportunity and integrity; (b) no union, employer organisation, industry body, political office, Member of the Legislative Assembly or other external person or organisation should have privileged influence over, or access to, confidential procurement information, tenderer details or decision-makers during a live procurement; (c) no union, employer organisation, industry body, political office, Member of the Legislative Assembly or other external person or organisation should seek to influence the Government or its officials to commence, undertake or cease a procurement in any way that contravenes procurement rules or probityStephen-Smith; and (d) maintaining public confidence in procurement requires transparency about external representations intended to influence tender processes or outcomes; (2) further notes that: (a) the ACT Integrity Commission investigation into the Campbell Primary School Modernisation Project, known as Operation Kingfisher, exposed serious failures in the Territory’s procurement processes in relation to this project, including inappropriate communications and attempts to influence a live tender; (b) these findings have damaged public confidence in the fairness, independence and integrity of ACT Government procurement; (c) the Secure Local Jobs Code (SLJC) seeks to ensure the ACT Government· contracts with employers who uphold workplace rights and safety and deliver secure jobs with fair pay, and that these employers cannot be undercut by businesses and organisations that fail to do the right thing by their workers; (d) the SLJC replaced the 2015 Memorandum of Understanding with UnionsACT (MOU), which the report into Operation Kingfisher acknowledged has not had practical effect since 2019, and which was formally terminated by exchange of letters on 8 September 2026, in accordance with the process set out in the MOU; (e) the report into Operation Kingfisher states that the SLJC ‘amongst other things, reduced the opportunity for unions to influence procurements’ compared with the MOU and ‘had the major consequence of excluding any consideration by ... a procuring Directorate - of attempts by a union to influence the outcome of a procurement process by giving “advice” as to industrial relations compliance’; (f) in evidence to the Select Committee on Estimates 2026-2027’s Inquiry into the Appropriation Bill 2026-2027, the Integrity Commissioner, Mr Michael Adams KC, stated that ‘to me, [the SLJC] does seem to be sensible ... [the SLJC] does seem to be a reasonable approach to a difficult problem’; (g) the Government will soon respond to the recent report of the Select Committee on Financial Management and Government Procurement Legislative Compliance, which recommended that ‘the ACT Government commission an independent review of the Secure Local Jobs Code to assess whether the Code is effectively achieving the stated outcome’; (h) the Government has publicly indicated it will undertake a review, as recommended by the Select Committee, and has consulted the Secure Local Jobs Code Advisory Council to commence this process; (i) the Standing Committee on Public Accounts and Administration announced on Tuesday 25 August that it would undertake its own inquiry into the effectiveness and operation of the code; (j) the Scottish parliament has unanimously passed Community Wealth Building legislation which provides for an economic framework including secure local jobs; and (k) the ACT Integrity Commission is currently conducting an inquiry into arrangements for lobbying and influence in government in the ACT, which is likely to provide relevant advice on future regulatory frameworks; (3) calls on the ACT Government to: (a) confirm its intention to commission an independent review of the Secure Local Jobs Code in the context of the wider procurement framework in early 2027, taking account of any evidence and findings from the inquiry by the Standing Committee on Public Accounts and Administration into the Secure Local Jobs Code; (b) publish, and circulate to Members of the Assembly; draft terms of reference for the Government’s review of the Secure Local Jobs Code at least one week before they are finalised to allow the community and Members to comment on them; (c) ensure the terms of reference incorporate: (i) consideration of the application and effectiveness of the Government Procurement (Charter of Procurement Values) Direction 2020; (ii) consideration of the principles of community wealth building, as outlined in the Community Wealth Building Act 2026 (Scotland); and (iii) an assessment of the effectiveness of Local Industry Participation Plans in increasing opportunities for ACT-based businesses, subcontractors, apprentices and local supply chains, and whether the current framework delivers demonstrable value for money and local economic benefitsCarrick; (d) on or before the first sitting day in October 2026, provide the Assembly with: (i) an update on the progress of an independent review of past procurements with elevated risk of corruption similar to those identified in Operation Kingfisher, including providing information on the methodology being applied in that review; and (ii) documentary evidence of the status of the 2015 Memorandum of Understanding with UnionsACT, including showing when it was terminated; (e) on or before the first sitting day in February 2027, provide the Assembly with an update on the Government’s review of the Secure Local Jobs Code; and (f) fully comply with all aspects of the current procurement framework, including the full intent of all provisions designed to keep political and improper external influence at arm’s length of decision-making; and (4) requests that the Standing Committee on the Integrity Commission and Statutory Office Holders, subsequent to receiving the anticipated report on lobbying from the ACT Integrity Commission, inquire into and provide recommendations on reforms to the ACT’s lobbying framework, including with respect to the management of transparency registers.

   Original and final wording compared

   taken out put in

   That this Assembly: (1) notes that: (a) ACT Government procurement should deliver value for money, fair competition, local opportunity and integrity; (b) no union, employer organisation, industry body, political office, [put in: Member of the Legislative Assembly]or other external [put in: person or]organisation should have privileged influence over, or access to, confidential procurement information, tenderer details or decision-makers during a live procurement; (c) [taken out: workplace rights and employment standards][put in: no union, employer organisation, industry body, political office, Member of the Legislative Assembly or other external person or organisation]should [taken out: be protected through independent regulation, consistently applied laws and objective evidence;][put in: seek to influence the Government or its officials to commence, undertake or cease a procurement in any way that contravenes procurement rules or probity;]and (d) maintaining public confidence in procurement requires transparency about external representations intended to influence tender processes or outcomes; (2) further notes that: (a) the ACT Integrity Commission investigation into the Campbell Primary School Modernisation Project, known as Operation Kingfisher, exposed serious failures in the Territory’s procurement processes [put in: in relation to this project,]including inappropriate communications and attempts to influence a live tender; (b) these [taken out: failures][put in: findings have]damaged public confidence in the fairness, independence and integrity of ACT Government procurement; [taken out: and](c) the Secure Local Jobs Code [put in: (SLJC) seeks to ensure]the [put in: ACT Government· contracts with employers who uphold workplace rights and safety and deliver secure jobs with fair pay, and that these employers cannot be undercut by businesses and organisations that fail to do the right thing by their workers; (d) the SLJC replaced the 2015]Memorandum of Understanding [taken out: between][put in: with UnionsACT (MOU), which]the [taken out: ACT Government][put in: report into Operation Kingfisher acknowledged has not had practical effect since 2019,]and [taken out: UnionsACT][put in: which was formally terminated by exchange of letters on 8 September 2026, in accordance with the process set out in the MOU; (e) the report into Operation Kingfisher states that the SLJC ‘amongst other things, reduced the opportunity for unions to influence procurements’ compared with the MOU]and [put in: ‘had]the [taken out: Government][put in: major consequence of excluding any consideration by ... a procuring Directorate - of attempts by a union to influence the outcome of a]procurement [taken out: (Ethical Treatment][put in: process by giving “advice” as to industrial relations compliance’; (f) in evidence to the Select Committee on Estimates 2026-2027’s Inquiry into the Appropriation Bill 2026-2027, the Integrity Commissioner, Mr Michael Adams KC, stated that ‘to me, [the SLJC] does seem to be sensible ... [the SLJC] does seem to be a reasonable approach to a difficult problem’; (g) the Government will soon respond to the recent report]of [taken out: Workers Evaluation) Direction 2023 give unions an inappropriate][put in: the Select Committee on Financial Management]and [taken out: privileged role within ACT]Government Procurement [taken out: processes; and (3) calls on][put in: Legislative Compliance, which recommended that]‘the [put in: ACT]Government [put in: commission an independent review of the Secure Local Jobs Code]to [put in: assess whether the Code is effectively achieving the stated outcome’; (h) the Government has publicly indicated it will undertake]a [taken out: abolish][put in: review, as recommended by]the [put in: Select Committee, and has consulted the]Secure Local Jobs Code [taken out: and repeal or amend all associated legislative and administrative instruments necessary to give effect][put in: Advisory Council]to [put in: commence this process; (i) the Standing Committee on Public Accounts and Administration announced on Tuesday 25 August that it would undertake]its [taken out: abolition; (b) immediately terminate][put in: own inquiry into]the [taken out: memorandum][put in: effectiveness and operation]of [taken out: understanding between]the [taken out: ACT Government][put in: code; (j) the Scottish parliament has unanimously passed Community Wealth Building legislation which provides for an economic framework including secure local jobs;]and [taken out: UnionsACT relating to procurement; (c) ensure that no union, employer organisation, political office or other external entity][put in: (k) the ACT Integrity Commission]is [taken out: given privileged access to confidential procurement information or information identifying tenderers during a live procurement; (d) establish a mandatory, publicly accessible disclosure register][put in: currently conducting an inquiry into arrangements]for [taken out: external representations made][put in: lobbying and influence in government in the ACT, which is likely]to [taken out: ministers, ministerial staff, public servants or procurement officials that seek][put in: provide relevant advice on future regulatory frameworks; (3) calls on the ACT Government]to: [taken out: influence](a) [taken out: government tender or][put in: confirm its intention to commission an independent review of the Secure Local Jobs Code in the context of the wider]procurement [taken out: outcome,][put in: framework in early 2027, taking account of any evidence]and [taken out: require disclosures to identify, subject][put in: findings from the inquiry by the Standing Committee on Public Accounts and Administration into the Secure Local Jobs Code; (b) publish, and circulate]to [taken out: appropriate protections][put in: Members of the Assembly; draft terms of reference]for [taken out: genuinely commercial-in-confidence information:][put in: the Government’s review of the Secure Local Jobs Code at least one week before they are finalised to allow the community and Members to comment on them; (c) ensure the terms of reference incorporate:](i) [put in: consideration of]the [taken out: person or organisation making][put in: application and effectiveness of]the [taken out: representation;][put in: Government Procurement (Charter of Procurement Values) Direction 2020;](ii) [taken out: the recipient][put in: consideration]of the [taken out: representation; (iii)][put in: principles of community wealth building, as outlined in]the [taken out: date][put in: Community Wealth Building Act 2026 (Scotland);]and [taken out: subject][put in: (iii) an assessment]of the [taken out: representation; (iv)][put in: effectiveness of Local Industry Participation Plans in increasing opportunities for ACT-based businesses, subcontractors, apprentices and local supply chains, and whether]the [taken out: procurement process concerned;][put in: current framework delivers demonstrable value for money]and [taken out: (v) any action taken][put in: local economic benefits; (d) on or before the first sitting day]in [taken out: response; and (e) report to][put in: October 2026, provide]the Assembly [taken out: by][put in: with: (i) an update on]the [taken out: final][put in: progress of an independent review of past procurements with elevated risk of corruption similar to those identified in Operation Kingfisher, including providing information on the methodology being applied in that review; and (ii) documentary evidence of the status of the 2015 Memorandum of Understanding with UnionsACT, including showing when it was terminated; (e) on or before the first]sitting day [taken out: of 2026][put in: in February 2027, provide the Assembly with an update]on the [taken out: implementation][put in: Government’s review]of [taken out: this motion. Debate ensued. Paper: Ms Stephen-Smith (Minister for Finance) presented]the [taken out: following paper:][put in: Secure Local Jobs Code; and (f) fully comply with all aspects of the current]procurement [put in: framework, including the full intent]of [taken out: Goods][put in: all provisions designed to keep political]and [taken out: Services—Memorandum][put in: improper external influence at arm’s length]of [taken out: Understanding between the ACT Government][put in: decision-making;]and [taken out: UnionsACT—Termination—Correspondence between][put in: (4) requests that]the [taken out: Minister for Finance][put in: Standing Committee on the Integrity Commission]and [put in: Statutory Office Holders, subsequent to receiving]the [taken out: UnionsACT Secretary, dated 19 August][put in: anticipated report on lobbying from the ACT Integrity Commission, inquire into]and [taken out: 8 September 2026.][put in: provide recommendations on reforms to the ACT’s lobbying framework, including with respect to the management of transparency registers.]

   Compared word by word by computer, ignoring punctuation. It shows what differs, not which change made each difference; the steps above show that.