These Guidelines are intended to provide Responsible Agencies, private sector participants, advisers and other stakeholders with a streamlined guide on the NSW Government specific requirements for PPP preparation, procurement and management. These Guidelines have been approved by the NSW Government Cabinet Infrastructure Committee of Cabinet. Material changes to the Policy must be submitted to the Cabinet Infrastructure Committee (or equivalent) for approval. These Guidelines complement the National PPP Guidelines, and are intended to be consistent with the commitments in the NSW Government Action Plan - A ten point commitment to the construction sector1, the NSW Premier's Memorandum M2021-10 Procurement for Large, Complex Infrastructure Project2, and Infrastructure NSW (INSW)'s Framework for Establishing Effective Project Procurement for the NSW Infrastructure Program3.
Any reference to the 'Relevant PPP Authority' in the National PPP Guidelines refers to NSW Treasury, which is the authority responsible for the application of PPP policy within New South Wales, unless otherwise specified. Unless otherwise specified, references to 'NSW Treasury' in these Guidelines refer to NSW Treasury's Infrastructure and Structured Finance Unit (ISFU).
Appendix 3 NSW Guidelines, Circulars and Policies includes a non-exhaustive list of other materials relevant to PPPs. In the event of any inconsistency between these Guidelines and the documents in Appendix 3, Agencies must contact NSW Treasury for guidance on interpretation and precedence. These Guidelines are not intended to substitute the need for Responsible Agencies to be aware of the requirements of other applicable policies, including but not limited to, those in Appendix 3. The Responsible Agency must always inform itself of all Agency-specific laws and policies with which it is required to comply.
These Guidelines apply to a wide range of projects and encompass both User-charge PPPs and Availability PPPs. In the spirit of efficient procurement and minimising transaction costs, there may be cases where it is appropriate to depart from the processes set out in these Guidelines.
In such cases, the Responsible Agency must seek guidance and, if appropriate, approval from NSW Treasury. Depending on the circumstances, approval from the Treasurer, the Treasurer's delegate, the portfolio Minister, or Cabinet (or a Cabinet sub-committee), or a combination thereof may be necessary. Agencies must consult with NSW Treasury as early as possible if considering any departure from the processes set out in these Guidelines.
NSW Treasury will periodically review and update these Guidelines as required.
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1 Available at https://www.infrastructure.nsw.gov.au/media/1649/10-point-commitment-to-the-construction-industry-final-002.pdf.
2 See https://arp.nsw.gov.au/m2021-10-procurement-for-large-complex-infrastructure-projects/.
3 See https://www.infrastructure.nsw.gov.au/media/2944/procurement-framework_3-june-21_final.pdf.