Public Governance, Performance and Accountability Amendment (Ban Unethical Contractors)

Current status

This bill is currently before Parliament.

Policy area

Government & democracy

What does this bill do?

The bill would require Commonwealth procurement rulesThe rules Commonwealth officials must follow when buying goods and services. The explanatory memorandum says section 105B of the PGPA Act is the legislative basis for these rules. to include a debarment regimeA system for excluding suppliers from government contracts for a period of time because of serious misconduct or other defined grounds., including mandatory exclusion for up to five years of potential suppliers or tenderers that have engaged in unethical conductThe bill-defined trigger for exclusion, covering recent convictions or pecuniary penalties, poor labour practices, tax avoidance, or conduct likely to damage Commonwealth integrity or public confidence..

Why was it introduced?

The bill was introduced to create a federal debarment framework for Commonwealth procurement. The explanatory memorandum says Australia does not have a federal exclusion regimeA system for excluding suppliers from government contracts for a period of time because of serious misconduct or other defined grounds. for government contracts, while Senator Pocock linked the bill to the PwC tax leaks scandalThe controversy over PwC misuse of confidential government tax information, cited by the sponsor and explanatory memorandum as a reason for stronger procurement exclusion rules. and the Department of Finance allowing PwC back into government contracting. The stated aim is to stop serious unethical conductThe bill-defined trigger for exclusion, covering recent convictions or pecuniary penalties, poor labour practices, tax avoidance, or conduct likely to damage Commonwealth integrity or public confidence. being rewarded with Commonwealth contracts and to make exclusions visible through a public register.

Broader context

The bill sits in the post-PwC debate about Commonwealth procurement integrity. The collected sources show increasing attention to contractors and consultants through the National Anti-Corruption CommissionThe Commonwealth anti-corruption body mentioned in the collected public-context sources about contractors and consultants., proposed supplier conduct rules, calls for registers or bans, and continuing controversy over whether PwC and related firms should be excluded from public service contracts. Senator Pocock used that context to argue for a government-wide debarment framework and public excluded-supplier register.

Key criticism

The supplied corpus did not include bill-specific opposition speeches, divisions, amendment debates or direct criticism of the bill. The closest critical context is adjacent: the government told AFR in February 2026 that broader changes to professional-services contracting were working, while the sponsor argued those changes were not enough without a debarment regimeA system for excluding suppliers from government contracts for a period of time because of serious misconduct or other defined grounds..

Who supported it?

Senator Barbara Pocock introduced this bill. Supportive speeches so far have come from Greens.

Introduced in Senate 04 Sept 2025
At second reading in Senate 04 Sept 2025
Not yet reached House
Not yet law

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

279 days

Updated 10 June 2026.

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. The bill would require Commonwealth procurement rulesThe rules Commonwealth officials must follow when buying goods and services. The explanatory memorandum says section 105B of the PGPA Act is the legislative basis for these rules. to include a debarment regimeA system for excluding suppliers from government contracts for a period of time because of serious misconduct or other defined grounds., including mandatory exclusion for up to five years of potential suppliers or tenderers that have engaged in unethical conductThe bill-defined trigger for exclusion, covering recent convictions or pecuniary penalties, poor labour practices, tax avoidance, or conduct likely to damage Commonwealth integrity or public confidence..

  2. It defines unethical conductThe bill-defined trigger for exclusion, covering recent convictions or pecuniary penalties, poor labour practices, tax avoidance, or conduct likely to damage Commonwealth integrity or public confidence. to include recent convictions or pecuniary penalties, proven poor labour practices, proven tax avoidance, or other conduct likely to damage integrity or public confidence in the Commonwealth.

  3. The bill would make procurement officials consider unethical conductThe bill-defined trigger for exclusion, covering recent convictions or pecuniary penalties, poor labour practices, tax avoidance, or conduct likely to damage Commonwealth integrity or public confidence. by related entities, directors, senior officers and employees, and would allow discretionary exclusion where those connected people or entities engaged in unethical conductThe bill-defined trigger for exclusion, covering recent convictions or pecuniary penalties, poor labour practices, tax avoidance, or conduct likely to damage Commonwealth integrity or public confidence..

  4. It would require a review process for exclusion decisions and a public excluded entities registerThe public register the bill would require the Finance Minister to maintain, listing suppliers prevented from entering Commonwealth procurement contracts and related information. on the Department of Finance website, including a way to correct information on the register.

  5. If passed, the bill would commence the day after Royal AssentThe formal approval a bill needs after passing both houses before it becomes an Act., and the Finance Minister would have three months from commencement to make the required instruments.

  6. The explanatory memorandum says the bill responds to the PwC tax leaks scandalThe controversy over PwC misuse of confidential government tax information, cited by the sponsor and explanatory memorandum as a reason for stronger procurement exclusion rules., the absence of a federal debarment regimeA system for excluding suppliers from government contracts for a period of time because of serious misconduct or other defined grounds., and concerns that unethical suppliers can still access Commonwealth procurement spending.

Show source excerpts
  1. a process for the mandatory exclusion, for a period of up to five years, of potential suppliers or tenderers who have engaged in unethical conduct from entering into procurement contracts with the Commonwealth
    Public Governance, Performance and Accountability Amendment (Ban Unethical Contractors) introduced bill text
  2. an entity or person has engaged in unethical conduct if the entity or person has: (a) been convicted of an offence against, or ordered to pay a pecuniary penalty under, a law of the Commonwealth or a State or Territory within the previous three years; or (b) a proven record of poor labour practices; or (c) a proven record of tax avoidance; or (d) engaged in other conduct that has, or is likely to have, an adverse impact on the integrity of, or public confidence in, the Commonwealth.
    Public Governance, Performance and Accountability Amendment (Ban Unethical Contractors) introduced bill text
  3. a requirement that unethical conduct engaged in by: (i) related entities of potential suppliers or tenderers; or (ii) directors, senior officers or employees of potential suppliers or tenderers; must be considered during any procurement process
    Public Governance, Performance and Accountability Amendment (Ban Unethical Contractors) introduced bill text
  4. The Finance Minister must establish and maintain an excluded entities register... The Finance Minister must cause the register to be published on the Department's website.
    Public Governance, Performance and Accountability Amendment (Ban Unethical Contractors) introduced bill text
  5. This clause stipulates that the Act will take effect on the day after it receives the Royal Assent. Item 3 provides that the instruments required to be made by the amendments to the PGPA Act made by Schedule 1 must be made by the Finance Minister within three months after the commencement of this item.
    Public Governance, Performance and Accountability Amendment (Ban Unethical Contractors) explanatory memorandum
  6. This Bill is in response to the PwC tax leaks scandal and recent re-admittance to tender for government contracts. PwC was never banned from bidding for government contracts but, in the absence of a debarment regime, instead voluntarily stepped aside through a mutual agreement with the Department of Finance.
    Public Governance, Performance and Accountability Amendment (Ban Unethical Contractors) explanatory memorandum

Broader context for this bill

The bill sits in the post-PwC debate about Commonwealth procurement integrity. The collected sources show increasing attention to contractors and consultants through the National Anti-Corruption CommissionThe Commonwealth anti-corruption body mentioned in the collected public-context sources about contractors and consultants., proposed supplier conduct rules, calls for registers or bans, and continuing controversy over whether PwC and related firms should be excluded from public service contracts. Senator Pocock used that context to argue for a government-wide debarment framework and public excluded-supplier register.

  1. 24 July 2022

    Federal integrity remit includes contractors

    AFR reported that the planned Commonwealth anti-corruption commission would be able to investigate businesses dealing with government, reflecting wider concern about private providers in public administration.

    Australian Financial Review ↗
  2. 21 Nov 2023

    NACCThe Commonwealth anti-corruption body mentioned in the collected public-context sources about contractors and consultants. chair singles out consultants and contractors

    The collected AFR article reported National Anti-Corruption CommissionThe Commonwealth anti-corruption body mentioned in the collected public-context sources about contractors and consultants. head Paul Brereton saying consultants and contractors would be a particular area of interest.

    Australian Financial Review ↗
  3. 03 Jan 2024

    Supplier conduct rules enter reform debate

    AFR reported that new ethical rules were being considered for federal tenderers and subcontractors after the PwC scandalThe controversy over PwC misuse of confidential government tax information, cited by the sponsor and explanatory memorandum as a reason for stronger procurement exclusion rules..

    Australian Financial Review ↗
  4. 06 Nov 2024

    PwC contracting decision deferred

    AFR reported that the Department of Finance had deferred a decision on whether PwC Australia could resume bidding for government work until the middle of 2025.

    Australian Financial Review ↗
  5. 03 Aug 2025

    Anti-corruption watchdog warns external advisers

    The collected article reported Paul Brereton warning that consultants and contractors are covered by national anti-corruption laws and can face corruption risks when private incentives conflict with government objectives.

    Australian Financial Review ↗
  6. 04 Sept 2025

    Senate bill proposes debarment framework

    Senator Barbara Pocock introduced the bill and moved the second reading, arguing for a public register and procurement exclusions for unethical contractors.

    Hansard second reading speech ↗

How did it move through Parliament?

House Senate
Introduced 04 Sept 2025

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 04 Sept 2025

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Finance and Public Administration review 30 Oct 2025

The bill was referred to the Senate Finance and Public Administration Legislation Committee on 30 Oct 2025. The local APH source bundle lists a committee report date of 26 Mar 2026, but the report itself was not included in the supplied files.

Referred to committee

APH bill page notes

The main case against this bill

The supplied corpus did not include bill-specific opposition speeches, divisions, amendment debates or direct criticism of the bill. The closest critical context is adjacent: the government told AFR in February 2026 that broader changes to professional-services contracting were working, while the sponsor argued those changes were not enough without a debarment regimeA system for excluding suppliers from government contracts for a period of time because of serious misconduct or other defined grounds..

No criticism cards are shown because the collected record does not contain direct, substantive criticism of this bill. Related articles are treated as context, not as proof of opposition to the bill itself.

Recorded votes

No recorded votes have been found yet for this bill.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Barbara Pocock

Australian Greens • Senator 04 Sept 2025

I call on the Government to support this Bill that would establish a national debarment framework with a public register, bolstering integrity and improving transparency.

Read in Hansard ↗

All speeches by bloc

Greens

1 speaker · 1 support

Full record

Full chat