Essential Energy is required to maintain a register of government contracts.
The information to be recorded in the register varies according to the class of contract.
Classes of contracts
Class 1 ($150,000 or more) – certain particulars of the contractor and subject matter of the contract.
Class 2 (specific types of Class 1 contract) – further particulars of key elements of the contract.
Class 3 (class 2 contracts greater than $5 million) – a copy of the contract.
Government contracts means any of the following contracts between Essential Energy and a private sector agency:
- A contract under which a party agrees to undertake a specific project (such as a construction, infrastructure or property development project).
- A contract under which a party agrees to provide specific goods or services (other than a contract of employment).
- Transfer of real property.
- Lease of real property.
Because this only covers contracts between an agency and a private sector entity, contracts between Essential Energy and other ‘agencies’ such as another State Owned Corporation or a NSW Government department do not need to be disclosed as they do not fall within the definition of government contract.
Because Essential Energy is a State Owned Corporation, there is no requirement to include any information about or a copy of a government contract in our government contracts register if the contract relates to activities engaged by Essential Energy in a market in which it is in competition with any other person.