Last updated: 
10 June 2020

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 emailing IP Australia’s Procurement Response Team at procurementresponseteam@ipaustralia.gov.au. 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

The Royal Commission into Institutional Responses to Child Sexual Abuse highlighted the need for organisations to provide an environment in which children and young people are safe, protected and respected, and where staff have the skills, confidence and knowledge to safeguard them.

In response, the Australian Government introduced a Commonwealth Child Safe Framework (CCSF), a whole-of-government policy which sets the minimum standards for creating and embedding a child safe culture and practice in Commonwealth entities to protect children and young people.

IP Australia is committed to ensuring that the agency is a safe place for all vulnerable people and that they are protected if they are onsite or otherwise interacting with IP Australia staff. IP Australia considers a ‘vulnerable person’ to be a child or an individual aged 18 years and above who is or may be unable to take care of themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason.

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.