---
title: "Probity plan for a government procurement"
url: "https://ailawframework.com/precedents/government-procurement-and-tendering/procurement-probity-plan"
type: "precedent"
site: "AI Law Framework"
id: "a50-procurement-probity-plan"
area_id: "A50"
kind: "policy"
ai_level: "yellow"
version: 1
task_ids: ["A50-X20260927-5", "A50-A20260923-1"]
law_stated_as_at: "2026-10-18"
---

# Probity plan for a government procurement

> A probity plan for a Commonwealth procurement: principles, roles (including any probity adviser or auditor), conflicts, confidentiality and information security, communications with tenderers, handling late or…

Canonical page: https://ailawframework.com/precedents/government-procurement-and-tendering/procurement-probity-plan  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

A probity plan for a Commonwealth procurement: principles, roles (including any probity adviser or auditor), conflicts, confidentiality and information security, communications with tenderers, handling late or non-conforming submissions, AI tool rules, breaches and records.

## Key facts

- Kind: Policy. A policy or procedure for a firm or client.
- Practice area: [Government Procurement & Tendering](https://ailawframework.com/precedents/government-procurement-and-tendering.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for Australia and Commonwealth.

## When to use it

Prepare it before the approach to market for a procurement that is high value, high risk, sensitive or under public scrutiny, and have the delegate approve it. For a simple procurement, fold the key rules into the tender process plan instead.

## Used for these tasks

- [Prepare the probity plan and the conflict-of-interest register for the evaluation](https://ailawframework.com/practice/government-procurement-and-tendering.md#A50-X20260927-5)
- [Build a probity file index from the panel papers](https://ailawframework.com/practice/government-procurement-and-tendering.md#A50-A20260923-1)

## How AI may be used

AI may adapt the approved probity plan template to the procurement’s facts and keep the probity file index, but the procurement lead and any probity adviser settle the plan and the delegate approves it.

**AI may:**

- Fill the procurement details, timetable, roles and systems into the approved plan from the procurement documents
- Build and maintain the probity file index and the communications and conflicts registers from documents on the file
- List gaps between the plan and the request documentation, for example a different closing time or contact officer

**AI must not:**

- Must not decide whether a probity issue or breach has occurred, or how it is remedied
- Must not communicate with tenderers or answer tenderer questions
- Must not be given submissions or evaluation material unless the tool is approved for that material and does not retain or train on it

**The lawyer checks:**

- The plan’s rules match the request documentation (closing time, contact officer, late submission and error-correction rules, evaluation criteria)
- The role of any external probity adviser or auditor, and the assurance expected from them, is defined before the process starts
- The breach procedure names who decides and how decisions are recorded
- The delegate has approved the plan before the approach to market is published

## Authorities

- [Department of Finance, Ethics and Probity in Procurement (probity plans and process plans; probity advisers and probity auditors; external specialists only where justified)](https://www.finance.gov.au/government/procurement/buying-australian-government/ethics-and-probity-procurement)
- [Commonwealth Procurement Rules (17 November 2025) paras 6.7 and 6.8 (ethical behaviour; seeking probity advice; conflicts of interest; gifts and hospitality)](https://www.finance.gov.au/sites/default/files/2025-10/Commonwealth-Procurement-Rules-2025.pdf)
- [Commonwealth Procurement Rules (17 November 2025) paras 7.2 and 7.3 (documentation commensurate with scale, scope and risk; what records should show)](https://www.finance.gov.au/sites/default/files/2025-10/Commonwealth-Procurement-Rules-2025.pdf)
- [Commonwealth Procurement Rules (17 November 2025) paras 10.13, 10.32 to 10.34 (modifying criteria; fair handling of submissions; equitable correction of unintentional errors of form; minimum content and format)](https://www.finance.gov.au/sites/default/files/2025-10/Commonwealth-Procurement-Rules-2025.pdf)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/government-procurement-and-tendering/procurement-probity-plan and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*