 |
|
| (1) | The following Instruction applies to any contract valued at over $2 million, except for contracts that result from a procurement process.
For disclosure requirements in relation to contracts arising from a procurement process, refer to Instructions 1111 and 1213. |
| (2) | All contracts valued at over $2 million are to be made publicly available on the relevant agency's website.
When determining whether a contract is valued at more than $2 million, the value of all potential extensions is to be taken into account. GST should not be taken into consideration when determining the value.
The contract(s) should be uploaded in either Word (.doc) or PDF (.pdf) format. The date of execution and the names of the executing parties should be typed into the relevant sections of the contract before publishing. For example:
Executing parties [signed D. W. Challen]
Date of execution [15 Ferbuary 2007]
For contracts containing confidential provisions as a result of an exemption granted under Instruction 1401(4), the exempted provisions are to be removed from the document before it is published on the website. The date when the exempted provisions will be available is to be inserted in place of the removed provisions. For example:
Confidential until [..........................am/pm on ..................200.....]
|
| (3) | If publishing a copy of the contract is not practicable, contact details for an officer able to provide access to the relevant documents on request must be provided on the relevant agency's website together with a summary of the relevant contract details.
This may occur when the documents contain large diagrams or plans etc.
The summary of the contract should include such information as the following:
- parties to the contract;
- a description of the contract;
- the commencement date and term of the agreement including whether any options to extend are included;
- value of the contract; and
- any other information that the relevant agency feels is necessary to properly summarise the contract.
Agencies may provide copies of documents or access to physical inspection of the documents at the Agency's offices as considered appropriate. A fee is to be charged for access to or copies of documents on a full cost recovery basis. Further information on fees and charges is available in the Treasury publication, Costing Fees and Charges - Guidelines for Use by Agencies, located on the Treasury website (www.treasury.tas.gov.au) under Publications.
For contracts containing confidential provisions as a result of an exemption granted under Instruction 1401(4), the exempted provisions are to be removed from the document before access is provided. The date when the exempted provisions will be available, is to be inserted in place of the removed provisions. |
| (4) | The above documents must be made available on the relevant agency’s website, or contact details provided where appropriate, within 10 days of: |
| (a) | the date that all parties sign the actual written contract; or |
| (b) | the date that signed counterparts are exchanged; or |
| (c) | in cases where there is a period of due diligence or specific conditions that need to be satisfied before the contract is formally finalised, the date that the contract is completed. |
| In most cases, the contract will be completed on the date it is executed by both parties. However, some contracts, particularly those relating to the sale of assets, may contain clauses that provide for a period of due diligence, or may be conditional on certain conditions being satisfied. In these cases, it would be inappropriate for the contract to be made publicly available, as the contract may not proceed. Completed does not mean the completion of the delivery of goods and/or services provided under the contract. |
| (5) | The contracts (or relevant contract details) are to be made available for the entire term of the contract including the term of any exercised option(s) to extend. |
