Led by Perry Q Wood, Partner · Managing Partner of the Year 2026, Australian Law Awards

What Does a Probity Advisor Do?

In short

  • A probity advisor gives independent guidance while a procurement, grant round or sale is running, so the process is fair, consistent and well documented.
  • The advisor helps set up the probity plan, manages conflicts of interest and confidentiality, briefs evaluators and advises on issues as they arise.
  • The advisor does not make or score the decision. Accountability stays with the agency and its delegate.
  • A probity reviewer (sometimes called a probity auditor) is a different role: independent assurance from outside the process.

What probity means

Probity means integrity, uprightness and honesty. In a government process it is shown through conduct: participants are treated fairly and equally, decisions are made against the published criteria, confidential information is protected, conflicts of interest are identified and managed, and the reasons for each decision are recorded.

Probity is not a separate rulebook. It is the way an agency meets the ethical obligations already in its procurement and grants rules, such as the Commonwealth Procurement Rules, the Commonwealth Grants Rules and Principles, and their state and territory equivalents. Good probity protects the integrity of the decision and the people who make it.

The role of a probity advisor

A probity advisor (also spelt probity adviser) is an independent person engaged to help an agency run a process that is fair and defensible. The advisor is usually engaged by the project team or the delegate and works alongside them for the life of the process.

The value of the role lies in timing. The advisor is there when questions arise, so the team can make the right call in the moment rather than explain a poor one later. Each piece of advice is recorded, which builds a clear account of how the process was run.

What a probity advisor does at each stage

Planning

The advisor assesses probity risks and helps prepare the probity plan, which sets out roles, conflict of interest arrangements, confidentiality and security rules, communication protocols and how issues will be escalated. The advisor may also review the evaluation plan to check that the method is clear and can be applied consistently. Our free probity plan template shows the sections a plan usually covers.

Approach to market or grant opening

Before release, the advisor reviews the request documents or grant opportunity guidelines for clarity, consistency and fairness. Once the process is open, the advisor helps manage questions from participants, so every answer is given through the agreed channel and shared with all participants where it matters to them.

Evaluation

The advisor briefs the evaluation committee on its obligations, collects and reviews conflict of interest declarations, and attends key evaluation meetings. If an evaluator raises a new conflict, a late submission arrives or a participant makes unsolicited contact, the advisor advises on how to deal with it and records the outcome.

Negotiation and decision

Where the process moves to negotiation, the advisor helps keep negotiations within the scope of the evaluation and treats shortlisted participants consistently. Before the delegate decides, the advisor usually gives a probity report on whether the process to that point met its probity requirements.

Debriefs and close

The advisor can help plan debriefs for unsuccessful participants and advise on complaints. At close, a final probity report confirms how the process ran and records any issues and how they were resolved.

When to engage a probity advisor

There is rarely a single rule. Most frameworks leave the decision to the agency, guided by risk. A probity advisor is commonly engaged where a process:

  • is high in value or high in public profile
  • is complex, novel or long-running, with several stages or negotiation
  • involves a small market, an incumbent supplier or staff with close links to participants
  • is a competitive grant round where applicants may question the outcome
  • involves the sale of public assets or a significant expression of interest
  • is likely to attract complaints, media attention or parliamentary scrutiny

The earlier the engagement, the more useful it is. An advisor brought in at the evaluation stage can only work with the documents and decisions already made.

Probity advisor or probity reviewer?

A probity advisor works inside the process, giving advice as it runs. A probity reviewer, a role some agencies call a probity auditor, stands outside it and gives independent assurance, at milestones or at the end, that the process complied with the rules, the evaluation plan and the probity plan.

For high-risk processes the roles should be held by different people, so no one is assessing their own advice. Read more about our probity advice and probity review services.

What a probity advisor does not do

  • Make decisions. The delegate decides; the evaluation committee recommends.
  • Score submissions or applications, or join the evaluation as a voting member.
  • Take on the agency’s accountability for the process.
  • Guarantee that no participant will complain. A good process is one that can answer complaints with a clear record.

Common mistakes

  • Engaging the advisor too late. Many probity problems are built into the evaluation plan or the request documents before the advisor arrives.
  • Treating declarations as a one-off form. Conflicts can arise at any stage. Declarations should be updated when circumstances or participants change.
  • Unrecorded contact with participants. Informal conversations with a supplier or applicant during the process can undermine an otherwise sound evaluation.
  • Changing criteria or weightings mid-process. If a change is unavoidable, it needs to be justified, approved and communicated to every participant.
  • Using the same person as advisor and reviewer on a high-risk process, which weakens the independence of the assurance.
  • Treating the probity plan as paperwork. A plan only helps if the team reads it, follows it and updates it.

Choosing a probity advisor

Look for independence from the process and its participants, experience of how public sector decisions are made and reviewed, and an ability to give clear advice quickly. Agree the scope, the reporting line, the reports you need and any milestones at the start, so everyone knows when and how the advisor will be involved.

If you are planning a process, we work with agencies and councils as a probity advisor in Melbourne, probity advisor in Canberra and probity advisor in Sydney.

Frequently asked questions

Is it a legal requirement to engage a probity advisor?

Usually not. Most Commonwealth, state and territory frameworks require a fair and ethical process but leave the decision to engage a probity advisor to the agency, based on risk. Some agencies set their own thresholds in internal policy, so check yours.

Who does a probity advisor report to?

Usually to the delegate or the project sponsor, with a direct line to the chair of the evaluation committee. The reporting line should be agreed in the engagement terms and the probity plan, and the advisor should be able to raise a serious concern above the project team if needed.

Can the probity advisor sit on the evaluation committee?

The probity advisor can attend evaluation meetings as an observer and adviser, but should not score submissions or applications. Keeping the role separate is what lets the advisor comment on the process without having a stake in the result.

What is in a probity report?

A probity report sets out the scope of the probity role, the probity issues that arose, how each was resolved and whether, in the advisor’s view, the process met its probity requirements. It is addressed to the delegate and forms part of the record of the decision.

Do private sector organisations use probity advisors?

Yes. Companies, universities and not-for-profits engage probity advisors when they run significant tenders, sell assets or distribute funds and want a process they can defend to their board, funders or the market.

This guide is general information, not legal advice. Requirements vary between jurisdictions and agencies, so check the rules and policies that apply to your process.

Perry Q Wood

Partner

Perry Q Wood is a Partner at Probity Australia, the Immediate Past President of the Australian Institute of Administrative Law and a former Senior Member and Practice Leader of the Administrative Appeals Tribunal.

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