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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

 

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
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
Technology One Ltd Software licence, support & maintenance for the software Technology One Ltd GIPA contract form  12849 Class 3  No intention to publish full contract at a later date. A copy of the redacted contract may be requested by emailing legal@scu.edu.au. 22/01/18 
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
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
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 
St Vincent's Hospital Lismore Provision of student professional experience  16846 GIPA Contract Form St Vincent's Hospital  16846 Class 1 Not Applicable 28/05/2021
Mulpha Hotel Pty Ltd  Sublease of Hernandos Building, Hayman Island on Lot 1 on SP253593 16912 GIPA Contract Form HI Lease from Mulpha Hotels 16912  Class 1  Not Applicable 28/05/2021
Elsevier B.V Subscription Agreement with Elsevier B.V to access SciVal products 17028 GIPA Contract Form Elsevier 17028  Class 2 Not Applicable  28/05/2021 
Frontify AG Licensing Agreement for Software as a Service 16958 GIPA Contract Form Frontify  16958 Class 2 Not Applicable 09/08/2021
DXC Connect Pty Ltd Purchasing agreement for the supply of Huawei goods as a reseller of Huawei Technologies Australia Pty Ltd. 16685 DXC Connect GIPA Contract Form 16685 Class 2 Not Applicable 12/05/2022
SAFE24/7 Group Pty Ltd T/A Hawkins on Fire  Fire protection system service and maintenance services  17642 Hawkins on Fire GIPA Contract Form  17642  Class 1  Not Applicable 12/05/2022 
Elsevier B.V. Single year subscription to journals, e-books and research content provided by Elsevier's Science Direct aggregator platform 17631 Elsevier Science Direct GIPA Contract Form 17631 Class 2 Not Applicable 12/05/2022
John Wiley & Sons, Inc Subscription to journals 17578 Wiley & Sons GIPA Contract Form 17578 Class 2 Not Applicable 12/05/2022
Thomson Reuters (Australia) Pty Ltd Subscription to electronic legal journals 17630 Thomson Reuters GIPA Contract Form 17630 Class 2  Not Applicable 12/05/2022
Ex Libris (Australia) Pty Ltd Ex Libris Library Management System - Alma and Primo products 17556 Ex Libris Library Management System GIPA Contract Form 17556 Class 2 Not Applicable 12/05/2022
Fujitsu Australia Ltd Maintenance and support of the University's HP hardware 16686 - Fujitsu re HP equipment and maintenance 16686 Class 1 Not Applicable 06/07/2022
Shell Energy Retail Pty Ltd Retail Electricity Agreement for supply of electricity to Lismore and Coffs Harbour Campuses 17381 GIPA Contract Form Shell 17381 Class 1 Not Applicable 06/07/2022
Oracle Corporation Australia Pty Limited Supplementary Agreement: Software licences and support for Oracle Products 17613 Oracle 2021 - Remediation 17613 Class 2 Not Applicable 06/07/2022
Oracle Corporation Australia Pty Limited Software licences and support for Oracle Products 17613 Oracle 2021 17613 Class 2 Not Applicable 06/07/2022
DWP Australia Pty Ltd Design and documentation services for proposed Allied Health Building at Coffs Harbour Campus 17776 -DWP - design Allied Health Building - CH 17776 Class 2 Not Applicable 06/07/2022
InfoSurety Pty Ltd T/As InfoTrust Provision of Mimecast Advanced Support, Internal Email Protect Mimecast S 1. 17825 GIPA Form - InfoTrust - Mimecast 17825 Class 1 Not Applicable 18/07/2022
SC Action Pty Ltd T/As O'Brien Electrical & Plumbing Replacement of roof at L Block, Southern Cross University Lismore Campus 17935 O'Brien Electrical L Block Roof Replacement 17935 Class 1 Not Applicable 20/07/2022
DWP Australia Pty Ltd Design, management & certification of refurbishment of A Block Lismore Campus 17896 - DWP Australia GIPA Contract Form 17896 Class 1 Not Applicable 09/08/2022
Terminalfour Solutions Limited Services to be delivered as part of the Digital Experience Project (DEP) 17988 T4 Digital Experience Project GIPA Form 17988 Class 2 Not Applicable 09/08/2022


*
If the entire copy, or provisions of, a class 3 contract are withheld from publication in 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.