Class 3 Contract 18/62096 – Register of Government Contracts

The request was refused by NSW Department of Customer Service.

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.

GIPA-DCS, NSW Department of Customer Service

7 Attachments

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

 

[2]Graphical user interface, text Description automatically generated with
medium confidence                                                     

 

[3][IMG]   [4][IMG]   [5][IMG]   [6][IMG]   

 

[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.

 

 

 

-----Original Message-----
From: Alex Morgan <[FOI #13549 email]>
Sent: Wednesday, 27 August 2025 10:04 PM
To: GIPA-DCS <[NSW Department of Customer Service request email]>
Subject: Government Information (Public Access) request - Class 3 Contract
18/62096 – Register of Government Contracts

 

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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.

 

 

 

[10]https://aus01.safelinks.protection.outlo...

 

 

 

[11]https://aus01.safelinks.protection.outlo...

 

 

 

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.

 

 

 

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Please use this email address for all replies to this request:

 

[12][FOI #13549 email]

 

 

 

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Service? If so, please contact us using this form:

 

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This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[15]https://aus01.safelinks.protection.outlo...

 

 

 

Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

 

 

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