NEW DEFENCE HEADQUARTERS

The Headquarters Joint Operations Command Project will create a new, integrated, operational-level joint headquarters for the Australian Defence Force. A national AGS team led by John Scala, AGS Chief Counsel Commercial, continued to assist the Department of Defence in undertaking this project during 2005–06.

The new headquarters complex, to be located near Bungendore on the New South Wales / Australian Capital Territory border, represents a capital investment of about $300 million in equipment, buildings and infrastructure. Around 750 service and civilian Defence personnel will work in the new headquarters.

On 30 June 2006 the contract to deliver the project under private finance arrangements was signed with the Praeco consortium, comprising Leighton Contractors Pty Limited and ABN AMRO Australia Limited. The contract provides for the delivery of the buildings, infrastructure and services for a 30-year term.

A large team of AGS lawyers provided services to the project. Team members Paul Lang, Peter Kidd and Harry Dunstall provided legal process and probity advice including:

• reviewing and advising on key tender process documentation
• overseeing the conduct of the tender and evaluation processes
• establishing protocols and managing interaction with tenderers and their advisers
• advising on conflict of interest and confidentiality.

Andrew Miles and Peter Jeffery were part of the AGS team providing advice on the land acquisition strategy for the project site. This included:

• addressing compliance with Commonwealth, state and territory laws
• advising on native title, environmental compliance, heritage and access issues
• preparing for, and appearing before, the Public Works Committee
• advising on, preparing and negotiating licences and site access arrangements.