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.

GIPA Act Contract Form

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

12849 - Technology One Ltd Contract

Blackboard International SaaS Agreement - GIPA contract form

Contractor	Description	Details	Ref.	Class	Class 3 Comment*	Upload Date
Dimension Data	Local traffic management	4731- Dimension Data	4731	**	Not Applicable	08/09/11
Aarnet Pty Ltd	Fibre service	4732- Aarnet Pty Ltd	4732	**	Not Applicable	08/09/11
Elsevier	Subscription	4773- Elsevier	4773	**	Not Applicable	05/10/11
Ten-Four	Media services	5235 - Ten-Four	5235	**	Not Applicable	11/05/15
Indue Aggregation Services Pty Ltd (Summerland Credit Union)	Financial transaction services	5269 - Indue Aggregation Services Pty Ltd	5269	**	Not Applicable	11/05/15
Blackboard International B.V.	Blackboard Student Learning Management System	7747 - Blackboard International B.V.	7747	**	Not Applicable	8/10/14
Microsoft Australia Partnering with Dell	Licence	8289 - Microsoft Australia Partnering with Dell	8289	**	Not Applicable	13/03/15
Gold Coast Airport Pty Limited	Licence for Parking	7096 - GCAL - Carpark licence	7906	**	Not Applicable	21/04/15
Various	Collaboration agreement setting out obligations of parties in joint research project "Improving wellbeing through student participation at school"	8338 - Collaboration Agreement for ARC-funded Research Project	8338	**	Not Applicable	21/04/15
Crowe Horwath (Australia) Pty Ltd	Internal audit services	8107 - Crowe Horwath (Australia) Pty Ltd	8352	**	Not Applicable	21/04/15
J Hutchinson Pty Ltd	Lismore campus new Learning Centre and Level 2 building A refurbishment	7283 - J Hutchinson Pty Ltd	7283	**	Not Applicable	21/04/15
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
PlattForm 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
Engagement Australia Ltd	Supply of partial administrative resource by SCU to Engagement Australia	7908 - Engagement Australia Ltd	7908	**	Not Applicable	09/06/15
Rittal Pty Ltd	Design and installation of SCU Beachside Containerised Data Centre	7786 - Rittal Pty Ltd	7786	**	Not Applicable	12/06/15
Main Constructions Pty Ltd	Upgrade of carparks F and H at SCU's Beachside/Bilinga Campus	7802 - Main Constructions Pty Ltd	7802	**	Not Applicable	15/06/15
Sports Technology International	Supply and installation of synthetic football pitch and associated infrastructure	6139 - Sports Technology International	6139	**	Not Applicable	17/06/15
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 Carpark E at Beachside/Bilinga Campus	7057 - Gold Coast Airport Limited - Lease Carpark E	7057	**	Not Applicable	17/06/15
Gold Coast Airport Pty Limited	Lease Carpark F at Beachside/Bilinga Campus	7058 - Gold Coast Airport Limited - Lease Carpark F	7058	**	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
Southern Cross University Coffs Harbour Students Association Incorporated	SCU funding agreement for SCU CHSSA to provide various services to the SCU student body	8378 - SCU Coffs Harbour Student Association	8378	**	Not Applicable	19/06/15
Lismore and External Students Association Incorporated	SCU funding agreement for LEXSA to provide various services to the SCU student body	8374 - LEXSA	8374	**	Not Applicable	19/06/15
CoastRs Incorporated	SCU funding agreement for CoastRs to provide various services to the SCU student body	8376 - CoastRs Incorporated	8376	**	Not Applicable	19/06/15
Southern Cross Postgraduate Association Inc.	SCU funding agreement for SCPA to provide various services to the SCU student body	8377 - Southern Cross Postgraduate Association	8377	**	Not Applicable	19/06/15
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
Australian Indigenous Mentoring Experience Indigenous Corporation	SCU funding agreement for AIME to provide a variety of support and other services to SCU's indigenous student students	6911 - AIME	6911	**	Not Applicable	19/06/15
AJM Refrigeration and Air-Conditioning	Refrigeration and Air-Conditioning Maintenance and Call-outs	5334 - AJM Refrigeration and Air-Conditioning	5334	**	Not Applicable	30/06/15
Mulpha Hotel Operations Pty Ltd	Lease of part of Level 1, 117 Macquarie Street, Sydney	7722 - Mulpha Hotel Operations Pty Ltd	7722	**	Not Applicable	02/07/15
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
Australian Sub-Tropical Coffee Association	Collaboration agreement for the identification and evaluation of coffee varieties against certain criteria	8537 - RIRC Coffee Collaboration	8537	**	Not Applicable	03/07/15
Fisheries Research and Development Corporation	Collaboration agreement for research on direct age determination withvalidation for commercially important Australian lobster and crab species	8243 - Fisheries Research and Development Corporation	8243	**	Not Applicable	06/07/15
Unimutual Limited	Insurance covering property, general and products liability, professional liability, malpractice and general clinical trials	8838 - UniMutual Insurances 2014-2015	8838	**	Not Applicable	06/07/15
Dalian Yangyu Science & Education Ltd	Education Agency Agreement	7239 - Dalian Yangyu Science & Education Ltd	7239	Class 1	Not Applicable	10/08/15
Le Cordon Bleu International B.V., Le Fondation Le Cordon Bleu and Le Cordon Bleu Australia Pty. Ltd	Licence and delivery agreement regarding the Le Cordon Bleu Master of Gastronomic Tourism	5162 - Le Cordon Bleu	5162	Class 2	Not Applicable	28/09/15
Harris Movement Engineering Pty Ltd	Supply and installation of electrical andaudio-visual services in relation to theWhitebrook Theatre at SCU's LismoreCampus	9052 - Harris Movement Engineering	9052	Class 2	Not Applicable	10/08/15
The Trustee for MCINTYRE MORAN TRUST trading as AJM Refrigeration and Air Conditioning Pty Ltd	Minor works related to replacement of existing air-conditioning infrastructure at F Block, Lismore Campus	9175 - AJM Engineering - Minor Works F Block	9175	Class 1	Not Applicable	20/10/15
Gladstone Ports Corporation Ltd	Dolphin Research in Port Curtis and Port Alma, QLD	8852 - Gladstone Ports Corporation	8852	Class 1	Not Applicable	29/10/15
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
ERM Power Retail Pty Ltd t/a ERM Business Energy	Electricity supply contract for Coffs Harbour and Lismore Campuses	9326 - ERM Business Energy	9326	Class 2	Not Applicable	08/12/15
Unimutual Limited	Various 2015-16 insurances	9398 - Unimutual Limited - 2015-16 Insurances	9398	Class 2	Not Applicable	15/12/15
SEE Civil Pty Ltd	Building C earthworks	9324 - SEE Civil Pty Ltd - Building C Earthworks	9324	Class 2	Not Applicable	18/12/15
Horticulture Innovation Australia	Research contract - mapping the macadamia genome	9452 - Horticulture Innovation Australia - Mapping the Macadamia Genome	9452	Class 1	Not Applicable	18/12/15
ADCO Constructions Pty Ltd	Building C, Beachside Campus, construction	9475 - ADCO Constructions Pty Ltd	9475	Class 2	Not Applicable	27/01/16
Elsevier B.V.	Licence for SCU staff/students to use Scopus Database	9497 - Elsevier BV Scopus Database Subscription	9497	Class 2	Not Applicable	02/02/16
Elsevier B.V.	Licence for SCU staff/students to use Science Direct Database	9498 - Elsevier BV Science Direct Subscription	9498	Class 2	Not Applicable	02/02/16
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
Turner & Townsend Thinc Pty Ltd	Project management consultancy services in relation to Building C at SCU's Beachside (Bilinga) Campus	9708 - Turner and Townsend Thinc - Building C Consultancy	9708	Class 2	Not Applicable	04/03/16
Australian Academy of Technological Sciences & Engineering Limited	Agreement for development of ISME Curriculum	9708 - Turner and Townsend Thinc - Building C Consultancy	9841	Class 2	Not Applicable	19/04/16
Gold Coast Airport Pty Limited (GCAL)	Contribution towards earthworks at SCU's Beachside (Bilinga) Campus (leased from GCAL)	9876 - Gold Coast Airport Limited - Contribution to works	9876	Class 1	Not Applicable	26/05/16
G.N. Santin & L.K. Santin t/as Greg Santin Earthmoving	Contract for earthworks at Lismore	10385 Santin Earthmoving Works	10835	Class 1	Not Applicable	26/10/16
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
MSS Security Pty Ltd	Agreement for development of provision of security services for SCU's Lismore, Gold Coast and Coffs Harbour campuses	10843 MSS Security	10843	Class 1	Not Applicable	26/10/16
Ikon Technology Group Northern Rivers Pty Ltd trading as Fuji Xerox Business Centre Northern Rivers	Document and support services for Gold Coast Campus	10711 - Fuji Xerox - Gold Coast Campus	10711	Class 1	Not Applicable	14/12/16
Ikon Technology Group Northern Rivers Pty Ltd trading as Fuji Xerox Business Centre Northern Rivers	Document and support services for Lismore Campus	10710 - Fuji Xerox - Lismore Campus	10710	Class 1	Not Applicable	14/12/16
Ikon Technology Group Northern Rivers Pty Ltd trading as Fuji Xerox Business Centre Northern Rivers	Document and support services for Coffs Harbour Campus	10709 - Fuji Xerox - Coffs Harbour Campus	10709	Class 1	Not Applicable	14/12/16
Phillips KPA Pty Ltd the trustee for the Phillips KPA Unit Trust	Organisational review of the University	10981 PhillipsKPA GIPA Act Contract Form	10981	Class 2	Not Applicable	09/01/17
Clear Horizon Consulting Pty Ltd	Clear Horizon Consulting to develop an indepndent review and monitoring framework for service providers contracted to the Farm Co-operatives and Collaboration Pilot Program	11218- Clear Horizon Consulting	11218	Class 1	Not Applicable	25/01/17
The trustee for the Muller Family Trust trading as R & S Muller Enterprise Pty Ltd	Project management of Farm Co-operatives and Collaboration Pilot Program	11219 - R and S Muller - Farm Coop	11219	Class 2	Not Applicable	01/02/17
Blaze Advertising Pty Ltd	Advertising & Marketing services	Blaze Advertising Contract Details	11992	Class 1	Not Applicable	30/10/17
Aurion Corporation Pty Ltd	Software support services	Aurion Corporation Contract Details	11448	Class 1	Not Applicable	30/10/17
DWP Australia Pty Ltd trading as DWP Suters	Design Consultancy Services for construction	DWP Australia (trading as DWP Suters) Contract Details	12151	Class 2	Not Applicable	30/10/17
Turner & Townsend Thinc Pty Ltd	Project manage design & construction of CHEC	Turner & Townsend Thinc Contract Details	11767	Class 2	Not Applicable	30/10/17
OOBE Pty Ltd	End User Licence Agreement	OOBE Pty Ltd Contract	12696	Class 1	Not Applicable	19/12/17
Professional Video and Hi Fi Pty Ltd trading as VideoPro	Contract for VideoPro to refit AV rooms at Lismore & Gold Coast Campus	VideoPro Contract	12642	Class 1	Not Applicable	20/12/17
Technology One Ltd	Software licence, support & maintenance for the software	Technology One Ltd GIPA contract form	12849	Class 2	Not Applicable	22/01/18
Blackboard International B.V.	Learning Core Package & storage	Blackboard International SaaS Agreement - GIPA contract form	13141	Class 2	Not Applicable	05/06/18

* 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.