In accordance with Section 27 of the GIPA Act, Council is required to maintain a register that records information about each government contract which has (or is likely to have) a value of $150,000 or more*.
*Employment contracts do not need to be included in the register.
Classes of Contracts
The Act provides for three different classes of contracts, each with different information disclosure requirements.
Class 1 Contracts
These types of contracts are those that have or are likely to have, a value or aggregate value, of $150,000. The information in relation to Class 1 contracts which must be entered into the register of Council contracts, within 45 days after the contract becoming effective includes:
- Name and address of the private sector contractor
- Details of any related company that may be involved in carrying out the contractual obligations
- Date the contract became effective and its duration
- Particulars of the project, goods or services to be provided under the contract
- Estimated amount payable to the contractor and any allowable variations to that amount
- Any renegotiation provisions
- Method of tendering and criteria for assessment, if appropriate
- Provisions for payment to the contractor for operational or maintenance services
Class 2 Contracts
In addition to the requirements for Class 1 contracts, Class 2 contracts require the following;
- Particulars of any future transfer of significant assets to and from the Council
- The results of any cost benefit analysis
- Particulars of how risk will be apportioned, if relevant particulars of any significant guarantees or undertakings between the parties
- Any other key elements of the contract
Class 3 Contracts
If a Class 2 contract has a value, or likely value of more than $5 million, it becomes a Class 3 contract. Council must publish a copy of a Class 3 contract on the register of Council contracts.
What information is protected?
Council does not have to publish information that is confidential such as:
- Commercial in confidence provisions of a contract
- Details of any unsuccessful tender
- Matters that could reasonably be expected to affect public safety or security
- Information where there is an overriding public interest against disclosure
Commercial in confidence provisions of a contract refer to information which:
- Reveals the contractors’ financing arrangements, financial modelling, cost structure or profit margins
- Could place the contractor at a substantial commercial disadvantage in present or future dealings with Council
- Would disclose any intellectual property in which the contractor has an interest
When must the information be included in the register?
Information about Council contracts must be included in the register within 45 days of the contract becoming effective.
Information, including a copy of a contract, must be included in the government contracts register for either 20 working days, or until the obligations under the contract have been satisfied, whichever is the longer period.