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:

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.
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
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

Contractor	Description	Details	Ref.	Class	Class 3 Comment*	Upload Date
Aarnet Pty Ltd	Fibre service	4732- Aarnet Pty Ltd	4732	**	Not Applicable	08/09/11
Huawei Technologies (Australia) Pty Ltd	Supply of network, telephony, CCTV and related ICT systems and services	7779 - Huawei Technologies (Australia) Pty Ltd	7779	**	Not Applicable	21/04/15
KeyPath Education Australia Pty Ltd	Various services in relation to student enrolment and retention as well as in relation to online courses	7761 - PlattForm Education Australia Ltd	7761	**	Not Applicable	05/06/15
Gold Coast Airport Pty Limited	Sublease A at Beachside/Bilinga Campus	3094 - Gold Coast Airport Limited - Sublease A	3094	**	Not Applicable	17/06/15
Gold Coast Airport Pty Limited	Sublease C at Beachside/Bilinga Campus	3317 - Gold Coast Airport Limited - Sublease C	3317	**	Not Applicable	17/06/15
Gold Coast Airport Pty Limited	Lease of SCU B at Beachside/Bilinga Campus	7325 - Gold Coast Airport Limited - Sublease B	7325	**	Not Applicable	17/06/15
Jos America Machines - Ottobock Australia	Supply, installation and lease agreement for certain equipment	5926 - Jos America Machines-Ottobock Australia	5926	**	Not Applicable	19/06/15
Cheerich Property Pty Ltd and Mulpha Hotel Pty Ltd	Lease by SCU and Mulpha Hotel Pty Ltd of Level 3, 99 Lonsdale Street, Melbourne	8052 - Cheerich Property Pty Ltd and Mulpha Hotel Pty Ltd	8052	**	Not Applicable	02/07/15
Mulpha Education Group Pty Limited	Partnership to develop and operate Campuses for hotel and tourism courses	9257 - Mulpha Hotel Pty Limited 9257 - Redacted SCU-Mulpha Hotel Pty Limited Contract	9257	Class 3	No intention to publish full contract at a later date. Clauses 22, 23 and 32 have been redacted in full and relate, generally, to processes available in relation to closing out the partnership.	18/11/15
TERMINALFOUR Solutions Limited	Licence for web content management system software and set-up	9626 - TERMINALFOUR - Software licence Appendix to TERMINALFOUR disclosure - Procurement plan extract	9626	Class 2	Not Applicable	02/02/16
G.J. & K. Cleaning Services	Cleaning services at SCU's Lismore, Gold Coast and Coffs Harbour campuses	10814 GJ & K Cleaning Services	10814	Class 1	Not Applicable	26/10/16
Aurion Corporation Pty Ltd	Software support services	Aurion Corporation Contract Details	11448	Class 1	Not Applicable	30/10/17
OOBE Pty Ltd	End User Licence Agreement	OOBE Pty Ltd Contract	12696	Class 1	Not Applicable	19/12/17
Technology One Ltd	Software licence, support & maintenance for the software	Technology One Ltd GIPA contract form	12849	Class 2	Not Applicable	22/01/18
Bluestar Security Services	Provision of Security Services in and around University Properties	Bluestar Security Services	13991	Class 1	Not Applicable	05/11/18
O'Connor & Marsden & Associates Pty Ltd	Internal Audit Services	O'Connor Marsden & Associates Pty Ltd	14372	Class 1	Not Applicalbe	14/01/19
Acendre Pty Ltd	Supply Software and Service	14431 - Acendre Pty Ltd - Master Software Supply and Support Contract	14431	Class 1	Not Applicable	20/05/19
Otis Elevator Company Pty Ltd	Comprehensive Inspection, Servicing and Maintenance of passenger and goods lifts.	15566 - Otis Elevator Company Pty Ltd	15566	Class 1	Not Applicable	20/11/19
AARNet Pty Ltd	Managed Session Border Controller (SBC) Service, including design, deployment, configuration and testing and annual SBC professional service.	15655 - AARNet Pty Ltd	15655	Class 2	Not Applicable	31/01/2020
Fujitsu Australia Ltd	Master Services Agreement for IT operational and maintenance services.	15999 Fujitsu Australia GIPA Form	15999	Class 1	Not Applicable	21/04/2020
BOC Limited	Supply of all bulk and cylinder gases for laboratory use across all three University campuses	16216 BOC Contract Register form	16216	Class 1	Not Applicable	13/07/2020
AJM Refrigeration and Air Conditioning Pty Ltd	Provision of preventative maintenance to mechanical services.	16216 AJM Airconditioning GIPA Contract form	16233	Class 1	Not Applicable	13/07/2020
TNT Australia Pty Ltd	Domestic and International Express transportation services.	16288 TNT Contract Register form	16288	Class 1	Not Applicable	13/07/2020
Veolia Energy Technical Services Pty Ltd	Provision of preventative maintenance to mechanical services.	16232 Veolia GIPA Contract Form	16232	Class 1	Not Applicable	21/07/2020
Social Garden Pty Ltd	Lead Multi-Channel Creative and Media Services.	16225 The Social Garden GIPA Contract form	16225	Class 1	Not Applicable	22/07/2020
O'Brien Electrical & Plumbing Lismore	Replacement of Roof and skylights on V Block Building at Southern Cross University Lismore Campus.	16188 - OBrien Electrical and Plumbing V Block Roof	16188	Class 1	Not Applicable	11/08/2020
Complete Office Supplies Pty Ltd	Provision of office supplies including stationery, paper, breakroom supplies, janitorial supplies and promotional and marketing material.	16224 - UPH - Complete Office Supplies	16224	Class 1	Not Applicable	11/08/2020
Lilyfield Partners Pty Ltd	Strategy consultancy services	16468 Lilyfield Partners GIPA Act Contract Register Form	16468	Class 2	Not Applicable	07/12/2020
Intrec Management Pty Ltd	Construction management and construction of works for refurbishment of The Hotel School, Brisbane at Level 13, 127 Creek Street, Brisbane	15598 GIPA Contract Form THS Brisbane Construction Contract	15598	Class 2	Not Applicable	25/11/2020
Renascent Constructions (Victoria) Pty Ltd	Design and construction for the refurbishment of The Hotel School at 3/399 Lonsdale St, Melbourne VIC 3000, including all associated works and services		15391	Class 1	Not Applicable	30/11/2020
Lilyfield Partners Pty Ltd	Strategy consultancy services	16862 Lilyfield Partners GIPA Act Contract Register Form	16862	Class 2	Not Applicable	03/03/2021

* 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:

publish that contract or those provisions at a later date and, if so, when; and
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.