Government objectives, private service delivery

Governments have many objectives. Some apply to specific sectors (such as improved public transport), some apply to the whole of government (such as transparency and accountability of government).  Often objectives are set out in Acts. Legislation is, after all, a voice of government - it is the creation of the legislature. In recent years Australian Acts have been increasingly explicit in identifying government objectives - whether in recitals, introductory sections enumerating the “purposes” of legislation or in the objectives, powers and functions of public authorities.

How are those objectives to be achieved?  Government services are often provided by the private sector, for example in waste collection, education and transport sectors.  When governments engage private service providers, how can they be confident that the services provided will assist in the achievement of government objectives?

Private contractors, for their part, have to make considered assessments before entering into contracts.  Before they can offer a price, they need to know what it is they are expected to do.  They need to assess certainty and risk.  The key document is their contract with the government.

Statutes and contracts.  How do they relate to each other?  Who has the responsibility for ensuring alignment between statutory objectives and contract outcomes?

In our March 2023 newsletter we consider these questions, and venture opinions as to how abstract concepts can be used to produce concrete outcomes.