The Government Information (Public Access) Act 2009 (GIPAA) requires Council to record and publish certain information about some contracts with private sector bodies.
Contracts between Council and private sector bodies worth more than $150,000 are recorded in the Register of Contracts and are contracts where:
- the contractor undertakes a specific project such as construction, infrastructure or property development;
- the contractor agrees to provide specific goods or services;
- there is a transfer or lease of real property.
Employment contracts do not need to be included in the Register.
The GIPAA provides for three classes of contract. Different information is reportable for each class.
Class One Contracts
Section 29 of the GIPAA sets out the information to be recorded in relation to a Class One Contract.
Class Two Contracts
These are Class One Contracts where:
- there has not been a public tender process and the terms and conditions of the contract have been negotiated directly with the contractor; or
- the contract was the subject of a tender (whether public or not) but the terms and conditions have been substantially negotiated with the contractor; or
- the obligations of one or more parties to maintain or operate infrastructure or assets could continue for 10 years or more; or
- the contract involves a privately financed project (as defined by Treasury); or
- the contract involves the exchange of significant assets.
Section 30 of the GIPAA sets out the additional information to be recorded in relation to a Class Two Contract.
Class Three Contracts
These are Class Two Contracts that have a vlaue, or a likely value, of more than $5 million. Council must publish a copy of Class Three Contracts on the Register of Council Contracts subject to the exclusion of any confidential information identified in Section 32 of the GIPAA.