The Friday Brief – Edition 2

16 October 2026 | Issue 2

Welcome to Muscat Tanzer’s weekly update on developments affecting construction, infrastructure, public procurement and government. Each edition focuses on what has changed and what organisations may need to do next.

Queensland: proposed State Planning Policy

Queensland is consulting on a draft State Planning Policy. It proposes separate state interests for employment land, energy and water, a more risk-based approach to natural hazards, and the relocation of development assessment benchmarks to the Planning Regulation 2017. The current 2017 policy remains in force. Submissions close at 11.59 pm on 26 October 2026.

Why it matters: Councils and infrastructure proponents should test the proposals against planning schemes, infrastructure corridors and projects already under assessment. A focused submission could address how the changes would be implemented and how existing work would transition. These are proposals, not current assessment requirements.

NSW: review of the local government regulation

On 9 October, the Office of Local Government opened consultation on remaking the Local Government (General) Regulation 2021. It proposes separate regulations for elections, approvals and orders, and council governance and operations. The current consultation concerns the latter two. The existing regulation remains in force and is scheduled for automatic repeal on 1 September 2027 unless remade. Submissions close at 5 pm on 6 November 2026.

Why it matters: Councils should check the proposed provisions against their approvals, enforcement, governance and procurement processes, and identify any practical gaps. Muscat Tanzer can draw on recurring issues across council matters in considering a response. The replacement regulations have not yet been made.

WA: procurement conflicts in capital works

In a report tabled on 1 October, WA’s Corruption and Crime Commission formed an opinion of serious misconduct by a senior Shire of East Pilbara employee. It found that the employee had inadequately disclosed pre-existing relationships with capital works contractors and favoured companies in exchange for gifts and other benefits. The Commission recommended a complete review of the Shire’s procurement procedures.

Why it matters: This is an integrity finding, not a change in law. Councils and project owners can use it to test conflict declarations, gifts registers, evaluation roles and decision records throughout procurement and contract administration, including variations. It is a useful case study for internal probity reviews.

Commonwealth: first high-value consultancy report due

Under an existing Department of Finance procurement policy note, entities subject to the Commonwealth Procurement Rules must report relevant consultancy contracts worth $2 million or more including GST, including variations or exercised options that reach the threshold. The first report, covering 1 July to 30 September 2026, is due 31 October 2026. It includes AusTender details and pre-market planning, such as consideration of existing resources and incumbency risks.

Why it matters: Commonwealth entities should reconcile contract notices and variations and check that their procurement records explain the planning behind each engagement. This is the first deadline under an existing policy, not a newly announced obligation. Advisers supporting Commonwealth procurements should account for the information agencies will need to report.

Muscat Tanzer advises on construction, infrastructure, procurement and probity, and government matters across Australia. We work with local, state and Commonwealth governments and public-sector suppliers. This update is general information; application depends on the project and its governing documents.