VGSO specialises in providing intellectual property and technology services to Victorian Government clients. Our legal services range from significant long-term projects, to the transactional acquisition of intellectual property and ICT systems on a standing offer or one-off basis.
As the State's trusted partner, we have a deep institutional understanding of Government procurement. We pride ourselves on our collaborative and cooperative approach. We have strong relationships with in-house legal teams, as well as with Victorian Public Sector IT and cyber security professionals, and we regularly work on projects involving multiple Government agencies and stakeholders.
A significant component of the team's work involves providing advice on the State's eServices Register Contract. We also give extensive advice in the management and resolution of disputes emerging from that contract.
VGSO advises on and drafts contracts relating to:
- system integration and implementation services
- software development and maintenance and support services
- cloud, hosting and managed services solutions
- service level agreements
- the procurement of hardware, including its installation and commissioning
- third party licensed software arrangements
- transactions involving the ownership of technology and its licensing
- escrow software and escrow agreements
- telecommunications contracts for infrastructure and services
- resolving technology disputes
- contract consolidations
- special-purpose panel contracts
- deeds of standing offer arrangements
- various other Victorian Government state purchase contracts and mandatory agreements.
VGSO advises on all stages of the procurement process. We understand the Victorian Government's preferred position on key issues, as well as what suppliers are likely to accept in a negotiation.
VGSO engages in end-to-end procurement processes for departments and agencies such as DELWP, EMV, CFA, Corrections Victoria and DJPR. This includes:
- drafting and reviewing ICT tender documents and contracts
- evaluating tenders
- advising on liability and risk management
- leading and supporting contract negotiations (including negotiating with major international IT companies)
- drafting the negotiated terms and finalising each contract.
VGSO also provides advice and guidance on State ICT procurement policies, templates and tools, including:
- the eServices Register
- the policies and guidelines of the Victorian Government Procurement Board
- the Financial Management Act 2014
- and the Standing Directions of the Minister for Finance.
Government buyers are operating in an increasingly complex commercial environment, and VGSO advises on ancillary project issues such as:
- in-contract management
- terminating contracts for breach and convenience in a Government context
- transition out management
- stakeholder engagement and communications
- technology due diligence
- intellectual property options for bespoke software and technology solutions
- the procurement of complex telecommunications systems, including sub-contractor management.
The VGSO advises Government on the successful management, protection and commercialisation of State-owned intellectual property.
The VGSO also regularly counsels clients on the application of the DataVic Access Policy Standards and Guidelines, as well as the Whole of Victorian Government IP Principles and IP Guidelines, (including Creative Commons licensing and other open content models). Our work includes:
- ownership models and licensing arrangements for Government intellectual property
- the appropriate use of Indigenous art and traditional cultural expressions
- copyright and trademark protection
- the enforcement of Government intellectual property rights
- advice on the laws and policies relating to commercialisation of intellectual property.
Our team works with VPS clients to manage their privacy risks, including by:
- assessing privacy incidents, containing and mitigating their attendant risks, and reporting incidents to the Office of the Victorian Information Commissioner (OVIC)
- advising clients on the role and responsibilities of OVIC
- preparing privacy policies, website privacy statements, collection notices, privacy impact assessments and other privacy documents
- advising on privacy risks, including in the context of data consolidation and data minimisation strategies.
- eServices Register Contract training
- IT contract management training
- Inter and intra-governmental service level arrangements
Reviewed 02 June 2021