The NSW Government is strongly committed to the delivery of infrastructure and services to the people of NSW.
Public Private Partnerships (PPPs) are one of the options the Government uses to procure infrastructure and offers opportunities to improve services and better value for money, primarily through appropriate risk transfer, encouraging innovation, greater asset utilisation and integrated whole-of-life management.
The procurement of infrastructure and associated services through Public Private Partnerships (PPP) by any NSW Government agency, including State Owned Corporations (SOCs), need to comply with:
PPP projects contracted through unsolicited proposals also need to comply with the Guide for Submission and Assessment of Unsolicited Proposals (2014).
The NSW Guidelines are designed to provide Government agencies, the private sector, advisors and other stakeholders a streamlined guide on the NSW specific policy and approval requirements for PPP procurement. These guidelines complement the detailed National PPP Guidelines.
The NSW Guidelines require PPP contracts to be disclosed consistent with the Government Information (Public Access) Act 2009 (GIPA). Under GIPA this is to occur 45 working days after the contract becomes effective. (Note that the 2012 NSW Guidelines (which is currently being updated) incorrectly states 60 days.
The NSW Guidelines (refer section 5.3) also require that a contract summary (audited by the Auditor-General) be tabled in Parliament. Contract summaries are a plain English summary of a project’s contracts but do not have any independent legal status. In addition, the NSW Guidelines state that amendments to contracts that have the effect of changing the relevant contract summary information undergo the same public disclosure requirements, including audit by the Auditor-General of an updated contract summary.
A stand-alone contract summary addendum, as audited by the Auditor-General, is a valid mechanism for updating a previously published contract summary. Consistent with GIPA, only material contractual changes to risk allocation trigger the need to produce an update of a contract summary. Private Sector PPP participant ownership changes are disclosed on this website in the NSW Project section. The Infrastructure and Structured Finance Unit of Treasury should be contacted to clarify contract summary requirements.
A forthcoming update of the NSW Guidelines will, amongst other changes and updates, provide further clarity on the production of contract summaries.
All NSW Government agencies, other than State Owned Corporations (SOC), are also subject to the NSW Government Procurement Policy and its associated guidelines.
SOCs are subject to the Commercial Policy Framework.
Local government councils are required to comply with separate guidelines as per Part Six of Chapter 12 of the Local Government Act 1993.