Section 6(1) of the Government Information (Public Access) Act 2009 (the GIPA Act) requires NSW Government agencies to make “Open Access Information” (OAI) publicly available, unless there is an overriding public interest against disclosure. Section 18(d) of the GIPA Act lists six types of OAI, including an agency’s register of government contracts with private sector organisations.
Transport for NSW uploads all relevant contract details on to the ‘contract notices’ section of the NSW eTendering website. The 'contract notices' include all relevant contractual details, as required in the GIPA Act.
What information is made public
The eTendering website provides details of contracts over $150,000 between NSW Government agencies and private sector organisations. The information includes:
- Value of the contract
- Name and business address of contractor
- Effective date of contract
- Particulars of the project undertaken
- Estimated amount payable to the contractor
- Description of variation or renegotiation provisions in the contract
- Method of tendering and assessment criteria
- Description of operational or maintenance services
A contract valued over $5 million is known as a ‘class 3’ and the agency responsible must publish a copy of the contract. Transport for NSW publishes copies of class 3 contracts below and on separate pages for transport projects and IT managed services.