8.1 GIPA Act requirements

All NSW PPPs are subject to Ministerial Memorandum No.2007-01 Public Disclosure of Information Arising from NSW Government Tenders and Contracts (M2007-01) and the Government Information (Public Access) Act 2009 (GIPA Act), which set out specific disclosure requirements arising from NSW Government tenders and contracts.

Specific information that must be disclosed publicly within 45 working days after the contract becomes effective is listed in sections 29 and 30 of the GIPA Act (class 1 and 2 contracts). For contracts with a value of $5 million or more (class 3 contracts), the complete contract (less confidential information) must be disclosed (see sections 31 and 32 of the GIPA Act).10

Any material variation(s) to the contract should also be disclosed within 45 days of the variation(s) becoming effective.




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10 For further details see Division 5 Part 3 of the GIPA Act, which outlines specific disclosure requirements for PPPs, including a list of items that qualify as "Confidential Information."