New reporting requirement for ICT vendors contracting with the Commonwealth: Digital Transformation Agency to require quarterly reports of gifts given or offered to APS officers

On 24 June 2024, the Joint Committee of Public Accounts and Audit (Committee) published Report 504: Inquiry into procurement at Services Australia and the NDIA (Final Report).

In its Final Report, the Committee made the following recommendation to the Department of Finance (Department) and the Digital Transformation Agency (DTA):

“The Committee recommends that the Department of Finance and the Digital Transformation Agency take appropriate action to understand the extent to which inappropriate cultivation of Commonwealth officials may be occurring as a result of hospitality and gifts by major ICT vendors.”

On 24 December 2024, the Department responded to this recommendation on behalf of the DTA.

In its response, the Department stated that from 1 April 2025, the DTA will analyse each of its agencies’ public gifts and benefit disclosures to identify gifts and benefits made by information and communication technology (ICT) suppliers that have:

1. a whole-of government arrangement with the Commonwealth; or
2. a model contract under a DTA panel arrangement.

The Department further stated that the DTA will write to these suppliers to request that they provide, on a quarterly basis, a record of all gifts offered, and gifts accepted, by Australian Public Service (APS) officers over the 12-month period to 31 March 2026.  The DTA will then publish a summary on its website.

Now is an opportune time for ICT vendors that supply to the Commonwealth to review their internal policies – particularly, with respect to gifts, benefits, and hospitality – and ensure they are up-to-date and compliant with industry standards.

All suppliers to the Commonwealth are expected to act in accordance with the Commonwealth Supplier Code of Conduct (Code). The Code, which came into effect on 1 July 2024, sets a standard for suppliers delivering products and services to the Commonwealth and sets expectations including in relation to ethical behaviour, corporate governance and business practices. ICT vendors should refer to the Code as best practice and update their internal policies as necessary. 

From 1 April 2025, ICT vendors that contract with the government should be prepared to receive written requests from the DTA in relation to the proposed quarterly reporting requirement. Should your business require advice in relation to this topic, we encourage you to reach out to our experts listed in this article.