Register of Government Contracts

Classes of Contracts

The Government Information (Public Access) Act 2009 provides for three different classes of contracts, each with different information requirements.
 

Class 1

Class 1 Contracts are those that have, or are likely to have, a value of $150,000. Council must enter the following information about Class 1 contracts into the register of Council contracts within 45 days of the contract becoming effective:

  • The name and address of the private sector contractor

  • Details of any related company that may be involved in carrying out the contractual obligations

  • The date the contract became effective and its duration

  • The particulars of the project or goods or services to be provided under the contract

  • The estimated amount payable to the contractor and any allowable variations to that amount

  • Any renegotiation provisions

  • The method of tendering and criteria for assessment, if appropriate

  • Any provisions for payment to the contractor for operational or maintenance services.

Class 2

Class 2 contracts are when: 

  • There has not been a public tender process and the terms and conditions of the contract have been negotiated directly with the contractor

  • 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 to maintain or operate infrastructure or assets

  • The contract could continue for 10 years or more, and the contract involves a privately financed project (as defined by Treasury) or the exchange of significant assets.

In addition to the requirements for Class 1 contracts, Class 2 contracts require the following information to be entered in the register:

  • Particulars of any future transfer of significant assets to and from Council

  • The results of any cost benefit analysis

  • Particulars of how risk will be apportioned, if relevant particulars of any significant guarantees or undertakings between the parties

  • Any other key elements of the contract.

Class 3

If a Class 2 contract has a value, or likely value of more than $5 million, it becomes a Class 3 contract. Council must publish a copy of a Class 3 contract on the Register of Council Contracts.

Protected Information 

The following confidential information does not have to be published in the Register: 

  • The commercial in confidence provisions of a contract

  • Details of any unsuccessful tender

  • Any matter that could reasonably be expected to affect public safety or security

  • Any information where there is an overriding public interest against disclosure.

Commercial in confidence provisions of a contract refer to information which: 

  • Would reveal the contractor’s financing arrangements, financial modelling, cost structure or profit margins

  • Could place the contractor at a substantial commercial disadvantage in present or future dealings with Council

  • Would disclose any intellectual property in which the contractor has an interest.

For more information on contracts, please contact us