Government Contracts Register
The Government Information (Public Access) Act 2009 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 $150,000.00 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
The following information about a Class 1 contract is to be entered in the government contracts register:
- The name and business address of the contractor
- 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
- The date on which the contract became effective and the duration of the contract
- 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
- The estimated amount payable to the contractor under the contract
- A description of any provisions under which the amount payable to the contractor may be varied
- A description of any provisions with respect to the renegotiation of the contract
- 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
- A description of any provisions under which it is agreed that the contractor is to receive payment for providing operational or maintenance services.
Class 2 Contracts
Additional information is required to be entered in the government contracts register for Class 1 Contracts to which any of the following paragraphs apply (class 2 contracts):
- 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
- 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
- The obligations of one or more parties under the contract to maintain or operate infrastructure or assets could continue for 10 years or more
- The contract involves a privately financed project as defined by guidelines published by the treasury (as in force from time to time)
- The contract involves a transfer of a significant asset of the agency concerned to another party to the contract in exchange for the transfer of an asset to the agency.
The additional information required to be entered in the register for Class 2 Contracts is as follows:
- Particulars of future transfers of significant assets to the State at zero, or nominal, cost to the State, including the date of their proposed transfer
- Particulars of future transfers of significant assets to the contractor, including the date of their proposed transfer
- The results of any cost-benefit analysis of the contract conducted by the agency
- The components and quantum of the public sector comparator if used
- If relevant, a summary of information used in the contractor’s full base case financial model (for example, the pricing formula for tolls or usage charges)
- If relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved
- Particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into
- Particulars of any other key elements of the contract.
Class 3 Contracts
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.
View Bland Shire Council's Register of Contracts(PDF, 31KB)