GIPA Act fees and charges
The Government Information (Public Access) Act 2009 (GIPA Act) aims to foster and promote responsible and representative government that is open, accountable, fair and effective by:
- authorising and encouraging the proactive public release of government information by agencies, and
- giving members of the public an enforceable right to access government information, and
- providing that access to government information is restricted only when there is an overriding public interest against disclosure.
Consistent with this object, Parliament intends that the GIPA Act be interpreted so as to facilitate access to government information promptly, and at the lowest reasonable cost (see GIPA Act section 3).
In most cases, government information sought under the GIPA Act should be made available free of charge. In some circumstances, the GIPA Act allows agencies to charge for information. This brochure clarifies the circumstances in which fees and charges for access to information may be levied, reduced, waived or refunded under the GIPA Act. There is also a table at the end summarising the applicable fees and charges.
- Download the full Fact Sheet by clicking here
- Download a Public Access Application Form by clicking here
Office of the Information Commissioner website www.oic.gov.au
In accordance with Section 27 of the Government Information (Public Access) Act 2009 (GIPA), Council is required to maintain a register that records information about each government contract which has (or is likely to have) a value of $150,000 or more.
Under Section 35 (2)(b) of the Act, Councils are not required to publish their contracts register on the e-tenders website, making this page the centralised location for all current contracts entered into by Council since 1 July 2010.
Contracts that must be included in the government contracts register are those between an agency and a private sector contractor for a value of $150,000 or more, and involve:
- the contractor undertaking a specific project such as construction, infrastructure or property development
- the contractor agreeing to provide specific goods or services
- the transfer or lease of real property.
Different classes of contracts
The Act provides for three different classes of contracts, each with different information disclosure requirements:
- Class 1 contracts are those that have, or are likely to have, a value of $150,000;
- Class 2 contracts are class 1 contracts where:
- there has not been a public tender process and the terms and conditions of the contract have been negotiated directly with the contractor, or,
- the contract was the subject of a tender (whether public or not) but the terms and conditions have been substantially negotiated with the contractor;
- the obligations of one or more parties to maintain or operate infrastructure or assets could continue for 10 years or more, and,
- the contract involves a privately financed project (as defined by Treasury) or the exchange of significant assets.
- If a class 2 contract has a value, or likely value of more than $5 million, it becomes a class 3 contract. Agencies must publish a copy of a class 3 contract on the register of government contracts.