Subjects 2009
Infrastructure Delivery B: Public Private Partnerships 730734
- Credited Courses: Graduate Diploma in Construction Law 189; Graduate Diploma in Environment, Energy and Resources Law L07; Graduate Diploma in Government Law 178; Master of Commercial Law 504; Master of Construction Law 195; Master of Laws (LLM) 502; Master of Public and International Law 511
Objectives
A student who has successfully completed this subject should:
- Have a broad understanding of the social, political and commercial underpinnings of the law and practice of Public Private Partnerships (PPPs) in Australia and overseas
- Understand the distinctive features of various categories of projects within the ‘broad church’ of PPPs in Australia
- Understand the relevance, features and interplay of myriad aspects that come into play in PPP delivery, including public policy, financing, risk transfer, and the international nature of infrastructure capital and delivery capacity
- Be able to contribute meaningfully to ongoing policy and commercial debates about the role and utility of PPPs.
Syllabus
Principal topics will include:
- Historical perspectives on private involvement in the delivery of public infrastructure: How it has changed over time, and the lessons that have been learnt
- Approaches to the categorising of PPP projects, including the broad distinction between ‘economic’ and ‘social’ infrastructure
- Features specific to the structuring and procurement of projects within each of these categories, including fundamental aspects such as the need to secure an income stream in relation to economic infrastructure and the relevance of the distinction, in relation to social infrastructure, between delivery of physical infrastructure and delivery of services
- Features specific to particular sectors within each of these categories (e.g. toll roads, power stations, water, health care, education and corrections)
- The various policy frameworks in place in Australia for evaluation and engagement of private sector involvement in public infrastructure delivery
- Drivers that underpin the structuring, negotiation and delivery of PPP projects, including financing, probity and value for money (including Public Sector Comparator mechanisms), competition, taxation (including issues derived from Australia’s federal structure as opposed to unitary systems in other countries) and construction risk.
