Last updated: 
20 December 2021

Crown use of patents and designs

The Crown use provisions of the Patents Act 1990 and the Designs Act 2003 permit certain government bodies, and others authorised by government, to use a patented invention or a registered design for certain purposes without the permission of the patent or design owner. These purposes must be for the provision of services primarily provided or funded by the government.

For more information, refer to our fact sheet.

Government Procurement (Judicial Review) Act 2018

The Government Procurement (Judicial Review) Act 2018 (the Act) establishes an independent complaint mechanism for government procurement processes. The Act requires accountable authorities of relevant Commonwealth entities to formally investigate complaints that are made in accordance with the Act, and to suspend procurements during the investigation of a complaint under the Act, unless a public interest certificate is in place.

The Act applies to contraventions of the relevant Commonwealth Procurement Rules relating to covered procurements by relevant Commonwealth entities. The Act applies to contraventions, or proposed contraventions, which occurred after the commencement of the Act (20 April 2019).

You can submit a procurement complaint by contacting us. To assist us in resolving your complaint in a timely manner, your written complaint should include the following information:

  • your name, supplier business name, ABN, address, phone and email;
  • details of the procurement including the service, estimated contract value, relevant times and dates, AusTender ID and UNSPSC code (if known);
  • a detailed statement of all relevant events and facts in support of complaint;
  • a factual and concise outline of your complaint and the relevant Commonwealth Procurement Rules that have allegedly been breached;
  • the resolution you are seeking; and
  • any other information, documents or evidence to support your complaint.

Once your complaint has been submitted, IP Australia will contact you to acknowledge that your complaint has been received and will investigate your complaint. IP Australia will also notify you of the outcome of the complaint.

Commonwealth Child Safety Framework

Our commitment to the Commonwealth Child Safe Framework

IP Australia is committed to ensuring that it is a safe place not just for children and young people but for all vulnerable people. As a result, IP Australia has extended the operation of the Commonwealth Child Safe Framework (CCSF) to include all vulnerable people, to ensure that all vulnerable people are protected if they are onsite or are otherwise interacting with IP Australia.

IP Australia’s commitment to the protection of vulnerable persons requires IP Australia to adhere to various legislation, policies and standards. All IP Australia employees and contractors are expected to treat vulnerable people with respect and act in accordance with the APS Code of Conduct and APS Values.

IP Australia will continue to implement measures to further improve compliance and alignment with the CCSF.

Our interaction with vulnerable people

At IP Australia, personnel may have direct or indirect contact with vulnerable people. This interaction may include:

  • IP Australia contractors or employees who are vulnerable people;
  • ad-hoc contact (i.e. vulnerable person onsite during school holidays, visiting the on-site café, attending staff events or using the carers room);
  • children attending the on-site child care centre;
  • vulnerable persons contacting IP Australia’s reception desk or Contact Centre;
  • contact via IP Australia’s website or social media accounts;
  • contact via recruitment activities;
  • contracts with suppliers; and
  • work-experience students and/or school groups visiting IP Australia.

Child Safety Risk Assessment

To ensure compliance with the CCSF and that all risks relating to vulnerable people have been identified, IP Australia has undertaken a risk assessment to identify risks relating to vulnerable people and to ensure that appropriate risk management strategies have been identified and implemented. Examples of the controls used by IP Australia include:

  • Reference and police checks
  • improved communications relating to the CCSF
  • publishing a Charter of Commitment to Vulnerable People
  • ensuring IP Australia’s procurement policies and procedures address CCSF requirements
  • improvements to IP Australia induction processes.

IP Australia is committed to regularly reviewing its risk assessment to ensure that risks are appropriately identified and managed. IP Australia’s overarching risk rating is medium.

Modern Slavery

The Australian Parliament passed the Commonwealth Modern Slavery Act 2018 (the Act) on 29 November 2018. The Act established a national Modern Slavery Reporting Requirement (Reporting Requirement) and entered into force on 1 January 2019.

The Reporting Requirement supports the Australian business community to identify and address their modern slavery risks and maintain responsible and transparent supply chains.

Modern slavery describes situations where offenders use coercion, threats or deception to exploit victims and undermine their freedom.

Modern slavery can occur in every industry and sector and has severe consequences for victims. Modern slavery also distorts global markets, undercuts responsible business and can pose significant legal and reputational risks to entities.

The Australian Government is taking a global leadership role in combating modern slavery. There is no place for modern slavery in the Australian community or in the global supply chains of Australian goods and services.