5.2 Breaches by Signatories
Parties contracting to the Queensland Government
Voluntary Signatories
Parties contracting to the Queensland Government
Where signatories have a relevant contractual relationship with the Queensland Government, the Government may impose sanctions for breaches of the Code which, depending on the nature and severity of non-compliance may involve:
- a formal warning;
- referral of a complaint to the relevant industrial association for assessment against its own code of conduct, if applicable, and appropriate action;
- reporting the breach to an appropriate statutory body;
- partial exclusion from tendering opportunities for a specified period up to three months; that is, a reduction in the number and/or nature of tendering opportunities; or
- exclusion from tendering for any work for a specified period for a specified period up to three months.
Breaches of the code by voluntary signatories will be addressed through appropriate action, which may include:
- a formal warning;
- referral of a complaint to the relevant industrial association for assessment against its own code of conduct, if applicable, and appropriate action;
- reporting the breach to an appropriate statutory body; or
- suspension of signatory status and any privileges that accrue from such status for a specified period up to three months.
Any signatory partly or fully excluded from tendering under this code, or whose signatory status has been suspended, must be informed of their exclusion or suspension and given an opportunity to provide evidence of gaining compliance with this code after the expiry date of the period of exclusion or suspension.
If the signatory presents satisfactory evidence of compliance, the exclusion or suspension should terminate. If satisfactory evidence of compliance is not produced, then the exclusion or suspension shall continue until such evidence is produced.
Last updated July 21, 2009