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|
|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.
|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
|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
|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
|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
|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
|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
|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
|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
|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
|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
|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
|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
|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
|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||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|
* 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.