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 if 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.

For more information about the rules for submitting a tender to Council visit the Tendering Information Page.

Council is required to maintain a list of current contracts over the value of $150,000.

To view all the contracts of this value or more, download the Current Contracts Register.

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

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.