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Register of Council contracts

The Government Information (Public Access) Act 2009 (GIPA Act) requires Council to record and publish certain information about some contracts with private sector bodies.

Contracts to be recorded in the register of contracts are contracts between Council and private sector bodies worth more than $150,000 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.

Employment contracts do not need to be included in the register.

Different classes of contracts

The GIPA Act provides for three different classes of contracts, each with different information requirements.

Class 1 contracts

See Section 29 of the GIPA Act for the information to be recorded in the Register of Council Contacts for Class 1 contracts.

Class 2 contracts

These 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, or
  • the contract involves a privately financed project (as defined by Treasury), or
  • the contract involves the exchange of significant assets.

See Section 30 of the GIPA Act for the additional information to be recorded in the Register of Council Contacts for Class 2 contracts.

Council has not entered into any Class 2 contracts since 1 July 2010.

Class 3 contracts

These are Class 2 contracts that have a value, or likely value of more than $5 million. Council must publish a copy of Class 3 contracts on the register of Council contracts subject to the exclusion of any confidential information identified in Section 32 of the GIPA Act.

Council has not entered into any Class 3 contracts since 1 July 2010.