The Government is committed to providing the best practicable level of public services to the people of NSW. Key factors contributing to this are the achievement of value for money and the delivery of service solutions that best meet the community's needs and aspirations. To this end, the Government has sought the participation of the private sector in the delivery of services and associated infrastructure to the public.
This is not new. Indeed, full public sector provision of infrastructure is rare and NSW Government guidelines for private financing of infrastructure have existed since 1989. Projects such as the Olympic facilities, the tollways around Sydney, schools, hospitals and the Opera House car park are examples of successful partnerships between the public and private sectors.
These Guidelines support the Government's commitment to provide the best practicable level of public services to the people of NSW by providing a consistent, efficient, transparent and accountable set of processes and procedures to select, assess and implement Privately Financed Projects (PFPs).
These Guidelines reflect the following principles:
• A competitive and transparent process to provide a fair opportunity for all prospective private sector participants
• Direct negotiations with a single proponent will not be undertaken unless approved by the Budget Committee of Cabinet (BCC), whose decision will be made public
• The Government not guaranteeing private sector borrowings and not taking an equity share-holding
• Scope for Government contributing land, capital works or some form of revenue diversion
• Disclosing information on contracts and tenders in line with the Government's policy on the disclosure of information on Government contracts with the private sector
• Delivery of services consistent with agreements and undertakings under the National Reform Agenda
• Complying with the obligations under the Environmental Planning and Assessment Act 1979 (EP&A Act)
• Fair treatment of public employees who may transfer to a private employer as part of a PFP
• Encouragement of maximum Australian and New Zealand industry participation
• Consideration of reimbursing bidders' reasonable bidding costs if, for reasons unrelated to any commercial or technical aspect, a project is prematurely terminated after the Call for Detailed Proposals
• Implementing these Guidelines in a professional, fair, equitable and open manner, ensuring probity and minimisation of tendering costs.
These Guidelines apply to all NSW Government departments and authorities, including State-owned corporations and public trading enterprises that are not State-owned Corporations.
For projects where it is not clear whether the procedures in these Guidelines should apply, agencies should contact the Treasury Private Projects Branch for advice.