Contract register

The GIPA Act requires Sydney Water to record and publish certain information about some contracts with private sector bodies.

Part 3, Division 5 of the GIPA Act states that information about contracts worth more than $150,000 between agencies and private sector bodies must be recorded in a register of government contracts.

Contracts that must be included in the government contracts register are those:

• between Sydney Water and a private sector contractor
• signed after the commencement of the GIPA Act
• for a value of $150,000 or more, and involve:
• the contractor undertaking a specific project such as construction, infrastructure or property development
• the contractor agreeing to provide specific goods or services
• the transfer or lease of real property.

Class 1 contracts are those that have, or are likely to have, a value of $150,000.

Class 2 contracts are class 1 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, and the contract involves a privately financed project (as defined by Treasury) or the exchange of significant assets.

If a class 2 contract has a value, or likely value of more than $5 million, it becomes a class 3 contract.