Western Australian Current Regulations

PROCUREMENT (DEBARMENT OF SUPPLIERS) REGULATIONS 2021 - REG 7

7 .         Factors in determining whether debarment in the public interest and period of debarment

        (1)         In determining whether the debarment of a supplier is in the public interest and the period for which the supplier should be debarred, the Department CEO may consider all or any of the following —

            (a)         the seriousness of the conduct for which the supplier may be debarred;

            (b)         any remedial measures taken by the supplier in respect of that conduct;

            (c)         any mitigating circumstances relating to that conduct;

            (d)         whether the supplier had effective standards of operation and internal control systems in place at the time of that conduct and before any official investigation of that conduct;

            (e)         whether the supplier brought that conduct to the attention of the appropriate government authority in a timely manner on becoming aware of it;

            (f)         whether the supplier has fully investigated the circumstances in which that conduct occurred and made the result of the investigation available to the Department CEO;

            (g)         whether the supplier cooperated fully with the appropriate government authority during any official investigation of, or court or administrative action in relation to, that conduct;

            (h)         whether the supplier has paid or met all criminal, civil and administrative penalties or liabilities for that conduct (including any investigative or administrative costs incurred by government authorities in relation to that conduct);

                  (i)         whether the supplier has made or agreed to make full restitution for the consequences of that conduct;

            (j)         whether the supplier has taken appropriate disciplinary action against the individuals responsible for that conduct;

            (k)         any criminal or other penalties that have been imposed on the supplier for that conduct or on the individuals responsible for that conduct;

            (l)         any current or previous decision to debar or suspend the supplier under these regulations or under a corresponding debarment regime;

            (m)         any other factor the Department CEO considers relevant.

        (2)         In the case of the debarment of an affiliate of a debarred supplier, the Department CEO may consider all or any of the factors specified in subregulation (1) in relation to the conduct for which the supplier was debarred and may in addition consider the following —

            (a)         the nature and extent of the connection or relationship between the debarred supplier and the affiliate;

            (b)         the extent of any suspected involvement of the affiliate in the conduct for which the supplier was debarred (including the extent of the affiliate’s knowledge or suspected knowledge of the conduct, or awareness or suspected awareness that the conduct was unlawful or wrong);

            (c)         any other relevant matters arising since the debarment of the supplier.