All NSW PPPs are subject to the GIPA Act, which sets out specific disclosure requirements arising from NSW Government tenders and contracts1.
Sections 29 and 30 of the GIPA Act list the specific information that must be disclosed publicly in respect of Government contracts2 that have (or are likely to have) a value of $150,000 (including GST) or more within 45 working days after the contract becomes effective. The information must be disclosed in the relevant Responsible Agency's Government contracts register, which is published on the Government tenders website3 (see section 35 of the GIPA Act).
For class 2 contracts which have (or are likely to have) a value of $5 million or more (class 3 contracts), a copy of the contract must be disclosed (see section 31 of the GIPA Act).
The requirement for the disclosure of information about the contract (for class 1 and 2 contracts), or the contract itself (class 3 contracts), does not extend to confidential information, or if there is an overriding public interest against the disclosure (see section 32 of the GIPA Act). Information and contracts are only required to be made publicly available for the public access period (see section 34 of the GIPA Act).
Any material variation(s) to the contract must also be disclosed within 45 days of the variation(s) becoming effective (see section 33 of the GIPA Act). For guidance on the application of the GIPA Act, please refer to the Responsible Agency's Legal team.
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1 For further details see Part 3 Division 5 of the GIPA Act, which outlines specific disclosure requirements for PPPs.
2 Class 1 contracts need to include the information listed in section 29 and Class 2 contracts need to include the information listed in both sections 29 and 30.
3 SOCs, local authorities and universities can publish on their own website. Responsible Agencies need to publish on the Government tenders website.