GIPA Act Contract Register

Division 5 of Part 3 of the Government Information (Public Access) Act 2009 (NSW) ("GIPA Act") requires the University to maintain a publicly available register of information about certain contracts between the University and private sector entities.

What must be recorded in the SCU Contracts Register?

SCU's Contracts Register is required to contain details about contracts:

• To which at least one private sector entity or individual is a party; and
• Which have or are likely to have a value of $150,000 or more,

and in which a party agrees to:

• Undertake a project such as construction, infrastructure or property development;
• Undertake the provision of specific goods or services;
• Transfer real property to another party; and/or
• Lease real property.

What information is not required to be published in the Register?

Contracts of employment are not required to be reported.

The University is also not required to publish the following confidential information in the Register:

• The commercial-in-confidence provisions of a contract, within the meaning of the definition of "commercial-in-confidence" from Schedule 1 of the GIPA Act;
• Details of any unsuccessful tender;
• Any matter that could reasonably be expected to affect public safety or security; or
• Any information for which there is an overriding public interest against disclosure. This is determined in accordance with the test set out in Division 2 of Part 2 of the GIPA Act.

What is the process for a contract to be recorded in the Register?

The University's Contract Procedures require that the work unit that negotiates a contract must provide a copy of the fully executed agreement to the Legal Office within 5 days of receipt. From that copy of the contract, the Legal Office will determined whether the contract meets the threshold for publication in the Register and, if so, will pre-fill as much of the form as possible before returning it to the work unit for the pre-filled information to be checked and for completion of any outstanding information.

In the case of arrangements being made and paid off invoices or purchase orders alone, it is the responsibility of the work unit to contact the Legal Office prior to payment to arrange for review of the terms and conditions contained in the invoice/purchase order or otherwise associated with the arrangement. At that time, the Legal Office will indicate whether the arrangement needs to be recorded in the register and, if so, will provide the work unit with a copy of the Contracts Register Form for completion.

How long will the information be kept in the SCU Contracts Register?

Information about the contracts or material variations must be included in the Register within 45 working days of execution or, for contracts with conditions precedent, of the contract becoming effective. The information (including a copy of the contract, in the case of class 3 contracts) must be included in the Register for either 20 working days or until the obligations under the contract have been satisfied, whichever is the longer period.

Classes of contracts

The GIPA Act identifies three classes of contracts:

1. Class 1 Contract

   Class 1 Contracts have a value of $150,000 or more. Most contracts entered into by the University following the usual tendering process will be Class 1 Contracts.

2. Class 2 Contracts

   Class 2 Contracts are Class 1 Contracts valued at less than $5 million and for which one or more of the following apply:

   • There has not been a tender process;
   • The contract was the subject of a tender but the terms and conditions have been substantially negotiated with the contractor;
   • The obligations of one or more parties under the contract are to maintain or operate infrastructure or assets and could continue for 10 years or more;
   • The contract involves a privately financed project (according to the Treasury's guidelines); and/or
   • The contract involves a transfer of a significant asset of SCU to another party in exchange for the transfer of an asset to SCU
     
     
3. Class 3 Contracts

   Class 3 Contracts are Class 2 Contracts with a value of more than $5 million.

The GIPA Act provides that certain information must be published (if applicable) for each contract class. Generally speaking, basic information is to be provided on all three classes, slightly more information for classes 2 and 3 and a copy of each Class 3 contract must also be made available with the Register. All of these data provision requirements are subject to the exceptions set out in section 32 of the GIPA Act, as described above under "What information is not required to be published in the Contracts Register?" For full details of the requirements refer to Division 5 of Part 3 of the GIPA Act. 

SCU Contracts Register

* If the entire copy, or provisions of, a class 3 contract are withheld from publication i the register, in order to comply with section 32 of the GIPA Act the University must state whether it intends to publish to:

1. publish that contract or those provisions at a later date and, if so, when; and
2. a general description of the provisions withheld.

The University is also required to indicate, which it does on the copy of the contract published on the register, its reasons for withholding provisions of a class 3 contract from publication on the register.

** SCU started recording contract class in its register on 10 August 2015. The Information Commissioner recommends that this information be published, although the GIPA Act does not require it.