Government Contracts Register

Division 5 of Part 3 of the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) requires Moree Plains Shire Council (Council) to record and publish certain information about some contracts with private sector bodies. 

In broad terms, the Government Contracts Register must include contracts between Council and private sector entities that have (or are likely to have) a value of $150,000 (including GST) or more and involve:

• the contractor undertaking a specific project such as construction, infrastructure or property development;
• the contractor agreeing to provide specific goods or services; or
• the transfer or lease of real property.

What are the classes of contracts provided by the GIPA Act?

The GIPA Act provides for three different classes of contracts, each with different information requirements. The different classes of contracts are:

• Class 1 Contracts: these are contracts that have (or are likely to have) a value of $150,000 (including GST) or more and involve:
  • the contractor undertaking a specific project such as construction, infrastructure or property development;
  • the contractor agreeing to provide specific goods or services; or
  • the transfer or lease of real property.

• Class 2 Contracts: these are Class 1 Contracts where there has not been a public tender process and the terms and conditions of the contract have been negotiated directly with the contractor, or:
  • the contract was the subject of a tender (whether public or not) but the terms and conditions have been substantially negotiated with the contractor; or
  • the obligations of one or more parties to maintain or operate infrastructure or assets could continue for 10 years or more; or
  • the contract involves a privately financed project (as defined by Treasury); or
  • the contract involves the exchange of significant assets.

• Class 3 Contracts: these are Class 2 Contracts that have a value, or likely value, of more than $5 million.

Employment contracts are not included in the Government Contracts Register.

The type of information that must be included in the Government Contracts Register depends on the class of contract in question (ie Class 1, Class 2 or Class 3).  In broad terms, as a contract becomes more valuable or has a longer duration, the amount of information that must be published on the Government Contracts Register increases.

When must the information be published?

If a contract is required to be included in the Government Contracts Register, information about that contract must be published within 45 working days after the contract becomes effective.  Information about the contract must remain publicly available on Council’s website for at least the longer of:

• 20 working days; and
• (as relevant):
  • the period until the project to which the contract relates is complete;
  • the goods and services concerned have been provided under the contract;
  • the term of the lease has expired; or
  • the real property has been transferred.

The time during which the information must remain public is known as the “access period”.  Once the access period ends, Council may (but does not have to) remove the information from the website.