Class 3 Contract 18/62096 – Register of Government Contracts
Dear NSW Department of Customer Service,
This is an informal request under section 8 of the Government Information (Public Access) Act 2009 (NSW).
I am writing to query the removal of Contract ID 18/62096 (Managed Network Agreement between NSW Telco Authority and BAI Communications) from the Department of Customer Service’s Register of Government Contracts.
This contract was previously listed as a Class 3 contract and the redacted text was available on the register, but it no longer appears there.
https://web.archive.org/web/202508240620...
https://www.nsw.gov.au/departments-and-a...
As I understand it, under the Government Information (Public Access) Act 2009, Class 3 contracts are required to remain accessible on the register for the life of the contract.
Please clarify whether Contract 18/62096 is still in effect; and if so, why it has been removed from the Class 3 section of the register. I would appreciate your advice on whether the Department intends to reinstate the entry to ensure the register is up to date with its GIPA Act obligations.
Good afternoon,
Thank you for your email.
Contract ID 18/62096 was recently reviewed and removed due to overriding
public interest considerations against the contract being published.
Please note that agencies are not required to publish the following
information in their contracts register:
o commercial-in-confidence provisions of a contract;
o details of an unsuccessful tender;
o any matter that could affect public safety or security;
o any information for which there is an overriding public interest
against disclosure.
Commercial-in-confidence provisions of a contract means any provisions of
the contract that disclose:
o the contractor’s financing arrangements;
o the contractor’s cost structure or profit margins;
o the contractor’s full base case financial model;
o any intellectual property in which the contractor has an interest;
o any matter the disclosure of which would place the contractor at a
substantial commercial disadvantage in relation to other contractors
or potential contractors, whether at present or in the future.
Kind regards
Lynsey Le-Pelley (she/her)
Act/Senior Advisor
Department of Customer Service
T 02) 9219 3700 E [1][NSW Department of Customer Service request email]
Level 7, McKell Building
2-24 Rawson Place
Sydney NSW 2000
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medium confidence
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[7]Copy of koori flag2 I acknowledge the traditional custodians of the
land and pay respects to Elders past and present. I also acknowledge all
the Aboriginal and Torres Strait Islander staff working with NSW
Government at this time.