Government Contracts Register
The Government Information (Public Access) Act 2009 (GIPA Act) requires Council to record and publish certain information about some contracts with private sector bodies. Contracts to be recorded in the register of contracts are contracts between Council and private sector bodies with more than $150,000 and involve:
- The contractor undertaking a specific project such as construction, infrastructure or property development,
- The contractor agreeing to provide specific goods or services,
- The transfer or lease of real property
Employment contracts are not included in the register.
Different classes of contracts
The GIPA Act provides for three different classes of contracts, each with different information requirements. The different classes of contracts are:
Class 1 contracts
Refer to section 29 of the GIPA Act for the information to be recorded in the Register of Council Contracts for class 1 contracts
Class 2 contracts
Class 2 contracts 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.
Refer to section 30 of the GIPA Act for the additional information to be recorded in the Register of Council Contracts for class 2 contracts.
Class 3 contracts
Class 3 contracts are class 2 contracts that have a value, or likely value, of more than $5 million. Council must publish a copy of class 3 contracts on the register of Council contracts subject to the exclusion of any confidential information identified is section 32 of the GIPA Act.
GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009
27 REGISTER OF GOVERNMENT CONTRACTS VALUED AT $150,000 OR MORE
- An agency is to keep a register of government contracts (its "Government Contracts Register") that records information about each government contract to which the agency is a party that has (or is likely to have) a value of $150,000 (including GST) or more (Class 1 Contracts)
29 INFORMATION TO BE ENTERED IN REGISTER - CLASS 1 CONTRACTS
The following information is about a class 1 contract is the be entered in the government contracts register -
Class 1 Contracts are required to be entered into the register within 45 working days after the contract becomes effective.
(a) the name and business address of the contractor
(b) particulars of any related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) in respect of the contractor, or any other private sector entity in which the contractor has an interest, that will be involved in carrying out any of the contractor's obligations under the contract or will receive a benefit under the contract,
(c) the date on which the contract became effective and the duration of the contract,
(d) particulars of the project to be undertaken, the goods or services to be provided or the real property to be leased or transferred under the contract,
(e) the estimated amount payable to the contractor under the contract
(f) a description of any provisions under which the amount payable to the contractor may be varied,
(g) a description of any provisions with respect to the renegotiation of the contract,
(h) in the case of a contract arising from a tendering process, the method of tendering and a summary of the criteria against which the various tenders were assessed,
(i) a description of any provisions under which it is agreed that the contractor is to receive payment for providing operational or maintenance services
- Additional information is required to be entered in the government contracts register for class 1 contracts to which any of the following paragraphs applies ("class 2 contracts") -
(a) there has not been a tender process, the proposed contract has not been made publicly available and the terms and conditions of the contract have been negotiated directly with the contractor
(b) the proposed contract (whether or not made publicly available) has been the subject of a tendering process and the terms and conditions of the contract have been substantially negotiated with the successful tenderer,
(c) the obligations of one or more parties under the contract t maintain or operate infrastrucure or assets could continue for 10 years or more,
(d) the contract involves a privately financed project as defined by guidelines published by the Treasury (as in force from time to time),
(e) the contract involves a transfer of significant asset of the agency concerned to another party to the contract in exchange for the transfer of an asset to the agency
If a class 2 contract has (or is likely to have) a value of $5 million or more (a class 3 contract), the register must include a copy of the class 3 contract.
34 MINIMUM PUBLIC ACCESS PERIOD FOR INFORMATION ON REGISTER
- Information (including a copy of a contract) required to be included in the government contracts register in relation to a contract is only required to be made publicly available as open access information for the public access period.
- The public access period is whichever the longer of the following periods -
a) 20 working days,
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.
View Temora Shire Council's Register of Contracts(PDF, 190KB)