Legal Aspects of Managing Government Service Delivery Contracts in Complex Environments

Sophie Coleman, Legal Counsel and Contract Manager, Save the Children Australia, Australia

The evolution of public administration over the last few decades has seen governments increasingly outsource community and other services. While in the past focussed at an operational level, government agencies are now responsible for overseeing delivery of programs and services, and contract management. Using the case study of Save the Children Australia’s provision of welfare, recreation and education services on behalf of the Australian Government to asylum seekers and refugees in Australia’s offshore immigration processing countries, this paper provides tips for navigating this complex environment, and provides illustrative examples of issues that may arise. In particular, significant investment in legal and risk management is required to ensure complex contracts of this kind are delivered successfully. In addition, the case study illustrates that service providers need to be resilient and adaptable, and will benefit from having personnel in-house with relevant government expertise to ensure that the interests of all parties, including beneficiaries of the services, are upheld. This paper has particular relevance in the context of the migration crises currently occurring in Europe and elsewhere, and for counsel for service providers that may be engaged by governments to deliver vital services to these vulnerable people.

Sophie Coleman, Legal Counsel & Contract Manager, Save the Children Australia. (BA/LLB (Hons), GDipBA, AMusA). Sophie is a corporate lawyer with experience in the commercial and not for profit sector. Sophie also manages various contracts in relation to Save the Children’s services to asylum seekers and refugees in Australia and overseas.

Save the Children Australia (SCA) is one of Australia's largest humanitarian aid and development agencies dedicated to helping children. SCA works to protect children from harm and help them access quality education and health services. With more than 90 years working with children, SCA is at the forefront of saving children's lives when disasters strike and create lasting change for children and their families through our long-term development programs. SCA has programs in 29 countries. SCA is one of 30 member organisations from around the world that form part of the Save the Children Association, we share a global vision and strategy for creating better lives for children worldwide. The members of Save the Children are collectively the world's largest independent humanitarian aid and development organisation focussed on the rights of children.