Contract disclosure

There are requirements for NSW Government agencies to publicly disclose some awarded contracts.
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What public disclosure means

The Government Information Public Access Act (GIPA) requires that all government information is accessible to the public unless there is an overriding public interest against disclosure.

Overriding public interest is when information is commercial-in-confidence, cabinet-in-confidence or could reasonably be expected to affect public safety or security.

Register of government contracts

All contracts between the NSW Government and the private sector valued over $150,000 (including GST) must be recorded in the register of government contracts, which is published on the eTendering website.

Government buyers must enter contract details into the register within 45 working days of the contract coming into effect. Details must remain on the register for 20 days or until the contract is complete, whichever is longer.

Contract and tender disclosures

There are three different classes of government contract. NSW eTendering has been set up to include all the types of information you must disclose for each class of contract.

eTendering’s Contract Award Notice functionality discloses this information publicly in accordance with the Government Information (Public Access) Act 2009 No 52.

However, as a buyer you should confirm what information is required by reading Division 5 of the GIPA Act.

Things to remember

It is easier if you have all the required information on hand, before publishing a contract award notice on eTendering.

Publishing procurement plans

Agencies that are accredited for procurement by the Procurement Board must:

  • submit an annual Agency Procurement Plan to the Board
  • publish an abridged version on eTendering.

The plan covers the agency’s procurement activities for the next 12 or 24 months, depending on your agency’s accreditation level.

The abridged plan includes:

  • planned procurement that may result in an open request for tender
  • major or strategic initiatives that may generate procurement activities.

Contract disclosure training

GIPA Act training: contract disclosure requirements is a 30-minute online training module at the foundation level for NSW Government employees.The module covers:

  • the responsibilities of public sector employees
  • what information you need to disclose under the GIPA Act.