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  • Procurement related complaints

    As a potential or current supplier to the ATO, you have the right to be treated fairly throughout the procurement process and to have complaints investigated quickly and without disadvantage.

    Lodging a complaint

    If you have concerns relating to a procurement process and wish to discuss them informally, you can approach the relevant procurement contact officer in the first instance.

    If you are not satisfied with the response, you can make a complaint.

    Complaints can be raised through:

    Complaints under the Government Procurement (Judicial Review) Act 2018 (Cth)

    For more information on your obligations as a supplier when raising a complaint under the Government Procurement (Judicial Review) Act 2018 (Cth), see Handling complaints under the Government Procurement (Judicial Review) Act 2018 Resource Management GuideExternal Link on the Department of Finance's website.

    Under the Act, complaints must be made in writing to the relevant entity immediately after becoming aware of the alleged breach of the relevant Commonwealth Procurement Rules (CPRs). The tender contact officer can inform you whether the procurement process is subject to the Act.

    The most efficient way to lodge your complaint is to use our procurement complaints form.

    See also:

    Once we receive your complaint

    Once we receive your written complaint we will:

    • acknowledge receipt of your complaint
    • advise whether a public interest certificate is in force (if applicable)
    • advise you of the expected timeframe for resolution
    • investigate the validity of the complaint
    • notify you of the outcome of our investigation
    • offer a solution if applicable
    • confirm with you whether you consider the complaint to be resolved.

    If your procurement is covered by the Act, the procurement process will be suspended, unless there is a public interest certificate in place. Public interest certificates issued by us and will be published on our website.

    See also:

    Applications to the court

    If you are not satisfied that the complaint has been resolved, you can apply to the Federal Circuit Court of Australia or the Federal Court of Australia for injunctions or payment of compensation for breaches of the relevant CPRs relating to covered procurements under the Act.

    Applications to the court must be made within 10 days of becoming aware of the breach. A longer period may be allowed by the court if it is satisfied that the failure to make the application within this timeframe was attributable to the supplier’s reasonable attempt to resolve the complaint.

    We recommend you seek independent legal advice before taking this step.

    Last modified: 02 Aug 2019QC 58521