Consult Australia’s NSW & ACT Manager Alison Kirk has a clear message for the new NSW Labor Government. “We need to take our time to rebuild confidence, really understand the issues and then resolve them.”

Alison is challenging the previous government’s approach from various vantage points. Before joining Consult Australia in July 2021, Alison delivered large-scale telecommunication and infrastructure strategy for a consulting firm, spent three years working for government, and another 15 years in banking and finance.

“I’ve worked on projects with some of our members. I’ve procured on behalf of government. I understand the burden of being shackled with a broken system from all sides,” she says.

Alison has continued Consult Australia’s advocacy on the implementation challenges of the NSW Design and Building Practitioners Act 2020, introduced to improve quality and safety of new buildings by regulating the professional conduct of designers and builders.

“Consult Australia has been very supportive of the cultural shift towards more collaboration between developer clients, designers, engineers and builders,” she says.

“However, we still have concerns with aspects of the Act, particularly the insurance requirements, the statutory duty of care and the slated introduction of the Engineering Practice Standard.

“We need to pause the expansion of the Act beyond Class 2 buildings to enable genuine engagement with industry and other stakeholders on outstanding issues.

“From the outset, Consult Australia proposed redrafting the Act to resolve concerns, which were not entertained by the previous government. Now is the time for the new government to revisit the policy underpinnings of the reforms to ensure a balance approach.”

When it comes to delivery of infrastructure and other state-building projects, time and cost are just two measures of value.

In the race to secure the lowest price, governments are missing opportunities to elevate sustainability and social impact, drive innovation through the value chain or to enhance collaboration to uplift productivity. 

Lowest price contracting requirements and onerous terms and conditions also compound already adversarial attitudes, leading to disputation rather than collaborative problem-solving, Alison says that the NSW Government has the opportunity to lead the way by delivering ‘model client’ behaviour.

“Unfortunately, the former NSW Government’s solution was to explore capped rates of consultants – a move which does not account for the varying sizes of different firms, nor for the risk, structure and complexity of the infrastructure projects. 

“Capped rates might be acceptable for the ‘big four’ firms delivering purely management advisory professional services. But capped rates cannot capture the risk our members absorb in infrastructure delivery, especially when they aren’t seated at the decision-making table. 

Consult Australia is “pleased” that some NSW agencies, such as Transport for NSW, is willing to engage with industry to understand the issues, Alison adds.

“Without contract reform they can’t know the risks they may assume. Australia has one of the highest costs for infrastructure in the world. If government is looking for a single lever to pull, capping rates when the risks are unknown is not the answer.”

So, what is the answer? 

Consult Australia's advocacy always prioritises collaboration, which is what Alison will be seeking with the new NSW government. 

“I am hopeful that the new NSW Government can be an agent of change,” she says. 

“We are looking forward to meeting with members of the new Minns Government ministry in the coming months. Our first priority is to build strong relationships and to leverage the partnerships with our industry association colleagues to make clear the unresolved concerns of industry.

“Our message is clear. Let’s take our time to build a collaborative culture and bring everyone to the table. By going slow now, we can move faster together, and towards a fairer and far better future.”