Rodney Spitzer advises across the spectrum of government law, from drafting and implementation of legislation, statutory interpretation, the drafting of instruments of delegation, through to policy development, ombudsman investigations and administrative law.

Rodney has particular experience in drafting and advising on funding agreements, government procurements, including tender documentation,, inter-agency MOUs and other commercial contracting arrangements.

From his time as a senior NSW State Government legal officer, providing advice at the Ministerial and senior government executive level on a range of government-related and commercial matters, Rodney has gained a thorough understanding of the workings and needs of government. Coupled with his corporate and commercial knowledge, this makes Rodney's advice on a broad range of commercial and government issues relevant and practical.

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Expertise

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Construction and Major Projects

Contracting

 

Rodney has significant experience in drafting and advising on a broad range of commercial contracting arrangements, including standard form contracts, service level agreements and performance contracts as well as licence, supply, contractor, consultancy, maintenance, outsourcing and research arrangements.

 

He has experience in the preparation of intergovernmental agreements and MOUs, and is familiar with Commonwealth and NSW State template documentation and policies that interact with those documents.

 

Rodney is well versed in contractual interpretation and the application of contractual dispute resolution mechanisms, and can advise on preferred approaches to minimise or avoid the potential for a formal contractual dispute or to resolve disputes once they have arisen.

 

Tendering and procurement

 

Rodney advises on the conduct and implementation of procurement processes and drafts and advises on a range of procurement documents, including tender conditions, request for proposals, request for tenders, requests for quotations and expressions of interest. He is familiar with both Commonwealth and NSW State Government procurement policy.

 

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Government Services

Contracting

Rodney has significant experience in drafting and advising on a broad range of commercial contracting arrangements, including standard form contracts, service level agreements and performance contracts as well as licence, supply, contractor, consultancy, maintenance, outsourcing and research arrangements.

 

He has experience in the preparation of intergovernmental agreements and MOUs, and is familiar with Commonwealth and NSW State template documentation and policies that interact with those documents.

 

Rodney is well versed in contractual interpretation and the application of contractual dispute resolution mechanisms, and can advise on preferred approaches to minimise or avoid the potential for a formal contractual dispute or to resolve disputes once they have arisen.

 

Tendering and procurement

 

Rodney advises on the conduct and implementation of procurement processes and drafts and advises on a range of procurement documents, including tender conditions, request for proposals, request for tenders, requests for quotations and expressions of interest. He is familiar with both Commonwealth and NSW State Government procurement policy.

 

Legislation development and policy formulation

 

Rodney has extensive experience in advising on the development and drafting of legislation, including both primary and subordinate legislation and ancillary documentation such as cabinet minutes, Regulatory Impact Statements and Better Regulation Statements.

 

Having been involved in the development and amendment of a number of pieces of legislation, Rodney well understands the processes and steps necessary to give effect to legislative change.

 

He's also very experienced in advising on statutory interpretation, particularly an agency's statutory responsibilities under relevant legislation, including the legislative frameworks under the NSW Public Finance and Audit Act 1983 and the Government Sector Employment Act 2013 and the Commonwealth Financial Management and Accountability Act 1997.

 

Rodney regularly advises on policy formulation, working with agencies to ensure that their internal policies, procedures and guidelines comply with or reflect the legislative framework in which they operate and advising on how changing legislative environments impact on such documentation.

 

Funding agreements

 

Rodney has extensive experience in drafting and negotiating funding agreements and has assisted agencies in applying competitive tendering and contracting principles and arrangements for funding initiatives to deliver more efficient and effective outcomes.


This includes advising clients on Commonwealth, State and Territory funding arrangements, recovery of funds as a debt following funding recipient default, and implementing security mechanisms to protect Government interests in land or assets acquired or developed with government funding, particularly where there's been funding recipient default or insolvency. Recently, Rodney assisted in the development of a new model for individualised funding arrangements.


As a former senior legal officer of the NSW Department of Family and Community Services, Rodney has real insight into the ongoing reforms in the ageing sector, and has advised on the National Health and Hospital Reforms, including the transition of Home and Community Care services for older people to the Australian Government.

 

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Knowledge

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