A leading Government and ICT lawyer as voted by Best Lawyers Australia and consistently ranked Band 1 in Chambers Asia-Pacific, Alexandra Wedutenko has an enviable reputation for her success in strategic procurement and governance.

Specialising in complex services agreements in a regulated environment, ICT transactions, select sourcing and business process sourcing, Alexandra has acted for a range of private sector and government clients. She acts for and understands the requirements of clients in industries where security and availability of supply are critical.

Through her previous roles as a General Counsel and senior executive in government, Alexandra has a deep understanding of the legal issues faced by government agencies and their concerns about compliance, risk identification and management.

Alexandra has drafted, advised and negotiated a range of contracts and agreements forms (including alliance, performance-based, outcomes-based and PPPs), cloud access, software licensing (as a service), hardware acquisition (as a service), ICT integration contracts and intergovernmental agreements.

Alexandra's sector area experience covers ICT procurement and strategy, telecommunications, major capital equipment (eg. cybersecurity, helicopters / munitions) and health product acquisitions (eg. vaccines, prosthetics / equipment / aeromedical support), the statutory regulation of commercial activity, governance and privatisation.

Alexandra also regularly presents on the latest developments in commercial law and related topics, including drafting Service Legal Agreements and Statements of Work and provides pragmatic advice in relation to contract management issues resolution, cyber security, data protection and GDPR. She provides realistic perspectives on governance, regulatory compliance and project/program reviews and a practical approach to legal advice.

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Expertise

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Government Services

Major projects

  • NSW Ambulance: Alexandra led the team that advised on the acquisition of rotary wing aero medical services for NSW and the ACT in a 10 year transaction. Alexandra continues to advise on related services. This is a long-term services agreement in excess of $1 billion where quality of service, safety and availability is critical.
  • Home Affairs: Alexandra is leading the team advising on the fixed wing and rotary surveillance fleet services acquisition.
  • Entity: Advised in relation to acquisition of human and equipment protection systems and services in high threat areas.
  • Entities including Home Affairs, ANU, Defence, Airservices Australia, Treasury and Health: Advised on a range of contentious contract issues in the ICT and general services areas and disputes to achieve a negotiated resolution of the issue by renegotiated contract or otherwise.
  • NSW Rural Fire Service: Alexandra advised on the acquisition of aircraft services (rotary wing) in support of bushfire readiness for NSW. Again, security of supply and safety was critical.
  • Health: Alexandra has advised on acquisition of vaccines for the National Immunisation Program acquisition of pathology, CT, MRI, PET services and Fecal Occult Barrel tests and services for various cancer screening programs.
  • Defence: Alexandra worked on the Long Term Mulwala Redevelopment Agreement for the Mulwala site and propellant facility redevelopment PPP project. She advised on the D&C contract and RFT for the construction of the facility. Alexandra also drafted and advised on the long-term PPP supply contract and amendments to the Mulwala Agreement.
  • Agencies: Alexandra has advised on a number of business process sourcing (guarding, acquisition of security assets, clerical, HR, facilities, transactional banking) and system integrator procurements, including for many government sensitive systems, and acted on IT system designer and integrator engagement, electronic transfers of information (including related privacy and cybersecurity issues), regulatory requirements and related inter-governmental agency system support agreements and smartcard and telecommunications requirements.

Procurement

  • Health: Advised on the procurement of bowel cancer test kits and related pathology testing. Advised on a process to enable operators of PET and MRI facilities to obtain funding/Medicare eligibility. Advised on infrastructure projects eg CSL facilities for Q fever and influenza. Advised on enabling online medical services and blood pooling arrangements and procurements of various medical supplies including vaccines and prosthetics. Since 2003 Alexandra has advised on the procurement of medical supplies including vaccines and prosthetics under public initiatives such as the National Immunisation Scheme or stockpiling. This has included a range of vaccine procurements including seasonal flu, pandemic flu, Meningococcal C, Hemophilus Influenzae, HIB, HPV, Hep A, DTPa, MMR, Q Fever, type B vaccines, smallpox and chicken pox.
  • DHS: Alexandra advised on a range of small and large market electricity supply arrangements. Advised on mobile applications for Medicare claiming. Advised on software and system acquisitions.
  • Australian Hearing Services (AHS): Alexandra advised on a range of major procurements of hearing devices and related products (ear moulds, ear impression material, batteries, etc.) as well as related client privacy issues.
  • Hospital: Alexandra has advised on a range of medical items and services procurements.

See Government Services

Governance and Compliance

  • NSW Education: Advice regarding data protection / data flows and privacy consent for high school students.
  • Corporations: Alexandra conducted a number of governance reviews including briefing directors on their duties to the corporation (corporate as well as government).
  • Intergovernmental Agreements: Alexandra has advised on and negotiated such agreements in the areas of defence, health, transport, telecommunications and technology.
  • Indigenous corporations: Alexandra advised on a number of incorporations, governance, governance charters, structuring, officers' duties and regulatory requirements.
  • Not for profits: Advised on a range of governance issues.
  • Reviews: Alexandra acted on a number of program and project compliance, regulatory and probity reviews as well as compliance and governance reviews including for a major hospital and a range of statutory agencies. Most recently advised on a report into protection of intellectual property rights of Indigenous art.
  • Probity: Alexandra has acted as a probity adviser on a number of sensitive projects, eg. uranium mining licences, clean energy and carbon sequestration funding and water rights allocation.
  • Funding: Alexandra advised on a number of complex government funding initiatives including:
  • Acquisition of Australia's international oil stockpile to meet IEA arrangements.
  • NESP1 and NESP2 projects to provide particular hub funding agreements relating to environment protection.
  • Clean Energy Initiative for renewable energy sources including solar, carbon sequestration and emerging technologies for the Department of Resources, Energy and Tourism (Now Department of Industry) & the Treasury
  • Capital funding initiatives for construction of regional Australian health and educational complexes for FaHCSIA (now Department of Social Services) and Health.
  • Indigenous E-Health funding initiatives for Health.

See Governance and Compliance

Intellectual Property

  • PM&C: Alexandra reported on protection of indigenous art via copyright consumer law and other options.
  • DHS: IP features in all ICT transactions. Alexandra advises on the appropriate licensing and ownership regime.
  • DHS: Advised on mobile applications for Medicare claiming establishing "click terms of acceptance. Advised on software licenses, cloud services licenses and system acquisitions.
  • ATO: Alexandra led the team on its ICT outsourcing and select sourcing requirements and change program, over $8 billion in transactions. This helped establish a multisource environment for mainframe, midrange, desk top, telecommunications and service desk.

    Alexandra also advised on establishment of enterprise applications panel, software/licensing (including open source licensing), hardware acquisition, integration, performance framework (KPI/SLA) and governance requirements and methodology.

See Intellectual Property

Telecommunications, Media and Technology

  • ATO: Alexandra led the team on its first, second and third phases of ICT outsourcing and select sourcing requirements and change program, over $8 billion in transactions. The ATO has a complex multisource environment for mainframe, data centre, secure internet gateway, midrange, enterprise service management, desk top, telecommunications and service desk.
  • Entities: Alexandra also advised on establishment of enterprise applications panel, software/licensing (including open source licensing), hardware acquisition, integration, performance framework (KPI/SLA) and governance requirements and methodology.
  • Defence: Alexandra led the team advising the centralised processing and terrestrial communications procurements, with total transactions exceeding $4 billion in value. This involved two outcome focused contracts that involve facility upgrades as well as service delivery. She also advised on a range of major equipment and software procurements, providing a key plank for Defence's warfighter capabilities. Also advised on data centre procurements where foreign ownership and control issues were pivotal.
  • AUSTRAC: Advised on acquisition of cloud based enterprise system for financial services.
  • ACT Government: Advised on a cloud based SI and SAP technology solution.
  • Australian Hearing: Advised on acquisition of cloud based ERP system.
  • World Vision: Alexandra advised on telecommunications services acquisition.
  • Airservices Australia: Alexandra advised in relation to a negotiated outcome for a system integration project.
  • Home Affairs: Alexandra advised on seamless gate systems for international travel (arrivals and departures) and helped establish Visa application portals, global Visa application facilities and operations in Asia, Africa and Europe as well as ICT services for the Department (ELAs, enterprise, desktop and mainframe).
  • DHS: Alexandra advised on procurements including eHealth, PKI, electronic data cards, software system integration, software acquisitions and a range of services. Advised on Medicare claiming system.
  • National Library of Australia: Alexandra advised on digitisation of library records and documents, interlibrary loans and related copyright issues.
  • A major bank: Alexandra advised on desktop sourcing.
  • A travel organisation: Alexandra advised on its telecommunications network and electronic ticketing.

See Telecommunications, Media and Technology

Social Media

  • Corporations: Advice on data release and protection policy.
  • Corporations: Alexandra conducted a number of governance reviews including briefing directors on their duties to the corporation (corporate as well as government).

See Social Media

Corporatisation and Privatisation

Alexandra has acted in a number of corporatisations and privatisations in the areas of telecommunications, transport and electricity, as well as private sector asset sales.

  • Various clients: Alexandra advised on the privatisation of AUSSAT and the creation of Optus, now Australia's second telecommunications carrier. She has also advised on the privatisation of Auscript, National Transmission Agency, ASC and Australian National Railway Corporation.
  • Aboriginal corporations: Alexandra advised on a number of corporatisations, governance, structuring, officers' duties and regulatory requirements.

See Corporatisation and Privatisation

Copyright

  • PM&C: Prepared reports into IP ownership of Indigenous art.
  • DHS: Alexandra advised on a range of small and large market electricity supply arrangements. Advised on mobile applications for Medicare claiming. Advised on software and system acquisitions.
  • ATO: Alexandra led the team on its first, second and third phases of ICT outsourcing and select sourcing requirements and change program, over $8 billion in transactions. This helped establish a multisource environment for mainframe, midrange, desk top, telecommunications and service desk. IP licensing across the various modules is critical to managing the multisource environment.

    Alexandra also advised on establishment of enterprise applications panel, software/licensing (including open source licensing), hardware acquisition, integration, performance framework (KPI/SLA) and governance requirements and methodology.
  • Agencies: Advised on a range of copyright and licensing issues.
  • Alexandra regularly advised on IT transactions which raise novel IP issues.

See Copyright

Cyber Security

Alexandra regularly provides clients with advice on data breach, incident response plans and GDPR issues.

  • Entities: Advised on data protection and data breach issues.
  • Agencies: Advised on various HRIMS applications involving cloud based service provisions. Key issues related to data storage and protection.
  • NSW Education: Advising on data flows and protection of student information under NSW and Commonwealth legislation.
  • Entities: Advised on secure internet gateway protection and acquisition.
  • Entities: Advised on data centre strategy and procurement including for sensitive data.
  • Insurance company: Advised on data protection and privacy protocols.
  • Global engineering corporation: Advised on data protection and privacy protocols.
  • Entities: Advised on and negotiated a range of cloud-based systems.
  • Entity: Advising on critical infrastructure legislation.
 

See Cyber Security

Knowledge

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