GIPA Contract Disclosure

Government Information (Public Access) Act 2009 (GIPA Act).

Division 5 Government contracts with private sector, Sec 27, requires Western Sydney University to maintain and publish a register of contracts that have a value of $150,000 or more (incl GST).

A contract must be declared each time the University:

1. Enters into a contract or agreement valued at $150,000 (inc GST) or more; and/or
2. Varies an existing contract in a way that means the contract value is now $150,000 (inc GST) or more.

Contract Types

GIPA identifies three classes of contract which are in part defined as:

Class 1: The lowest level of disclosable contract. All contracts over $150,000 including GST are class 1 contracts, unless they meet the specific requirements of classes 2 or 3.

Class 2: A class 2 contract is any contract valued between $150,000 and $5 million (including GST) that:

• wasn’t awarded as the result of a tender process but:

  • was negotiated directly with the contractor, and
  • the contract isn’t publicly available

• was awarded from a tender but whose terms and conditions have been negotiated with the successful bidder

• under which obligations to maintain or operate infrastructure or assets will continue for 10 years or more

• involves a ‘privately financed project’ as defined by the Treasury (TPP17-07 NSW PPP Guidelines)

• involves the transfer of a significant asset/s to another party in exchange for another asset

Class 3: Class 3 contracts are class 2 contracts with an estimated value over the life of the contract of $5 million or more, including GST.

Register of Contracts

The Western Sydney University register of contracts is located on the University Contract Reporting Page.

The following contracts are not required to be included on the register:

• Employment contracts

Under section 32 of the GIPA Act, some types of contract information is not required to be included in the register, for example:

• where the information is commercial-in-confidence
• information that relates to details of any unsuccessful tender, or
• any matter that could reasonably be expected to affect public safety or security, or
• where there is an overriding public interest against disclosure (OPIAD)

For advice on overriding public interest against disclosure (OPIAD), please contact the University's Privacy and GIPA Officer

Data Collection

If you notice that a contract is missing from the University's Register of Contracts, you must complete the GIPA Contract Declaration Form and provide copies of the original executed agreement, as well as any accompanying variation documents (if applicable).

Financial penalties can apply for failure to disclose an applicable contract.

If you have any queries relating to the University's Contract Register, please contact the Procurement Team via contract.management@westernsydney.edu.au