Victorian Government MLP Guideline – a new Strategic Development Pathway
28 January 2025

28 January 2025
The Ashurst team has advised on or acted for government or private sector across many MLPs nationally. Collectively our team has reviewed and shaped hundreds of market-led or unsolicited proposals and assessed and transacted some of the largest development transactions globally, including in exclusive negotiations.
In our experience, success factors for MLPs include:
While the specific definition is different and nuanced across Australian jurisdictions, a MLP can be generally defined as an unsolicited commercial proposal submitted by the non-government sector to the government, that a proponent believes will benefit the public and align with government policy objectives.
All Australian State and Territory Governments have released guidelines for the assessment of MLPs. Assessment processes vary across jurisdictions, but in principle seek to ensure proposals align to Government policy objectives, deliver value for money, and demonstrate a strong justification for exclusive negotiations (i.e., why the same or greater benefits could not be achieved through a standard competitive process).
The Victorian Government's MLP process has been in place since February 2015. It has undergone several updates to refine and improve the process, with prior updates in 2021. Previously, the guideline outlined a structured and transparent process for private sector entities to submit unsolicited proposals for Infrastructure or Services projects only.
Similar to other jurisdictions, the Victorian MLP process involves:
Under the new Strategic Development Pathway, MLPs involving Strategic Development will be considered as part of the usual Stage 1a filtering process. However, Strategic Development proposals demonstrating alignment with MLP assessment criteria and requiring cross-government collaboration will be referred to the new MLP Strategic Development Pathway.
The MLP Strategic Development Pathway involves three stages prior to contract award, summarised as follows:
If you are a proponent considering submitting an MLP or unsolicited proposal, or a public sector agency looking for the right commercial or legal advice to support your assessment or transaction, Ashurst and Ashurst Risk Advisory's combined Infrastructure, Places and Capital Projects (IPCP) capabilities are available to support your MLP. We would be pleased to discuss our experience and insights with you.
Our IPCP advisory capability brings integrated commercial and project risk advice together with Ashurst's legal expertise to support transformational investments with outstanding community benefits.
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This material is current as at 28 January 2025 but does not take into account any developmentsafter that date. It is not intended to be a comprehensive review of all developments in the lawor in practice, or to cover all aspects of those referred to, and does not constituteprofessional advice. The information provided is general in nature, and does not take intoaccount and is not intended to apply to any specific issues or circumstances. Readers shouldtake independent advice. No part of this publication may be reproduced by any processwithout prior written permission from Ashurst. While we use reasonable skill and care in thepreparation of this material, we accept no liability for use of and reliance upon it by anyperson.Ashurst Australia and Ashurst Risk Advisory Pty Ltd and Ashurst Boardroom Advisory Pty Lt