APPENDIX 1

Senate order for departmental and agency contracts

1. There be laid on the table, by each minister in the Senate, in respect of each agency administered by that minister, or by a minister in the House of Representatives represented by that minister, by not later than 2 calendar months after the last day of the financial and calendar year, a letter of advice that a list of contracts in accordance with paragraph (2) has been placed on the Internet, with access to the list through the department's or agency's home page.
2. The list of contracts referred to in paragraph (1) indicate:
   1. each contract entered into by the agency which has not been fully performed or which has been entered into during the previous 12 months, and which provides for a consideration to the value of $100 000 or more;
   2. the contractor, the amount of the consideration and the subject matter of each such contract, the commencement date of the contract, the duration of the contract, the relevant reporting period and the twelvemonth period relating to the contract listings;
   3. whether each such contract contains provisions requiring the parties to maintain confidentiality of any of its provisions, or whether there are any other requirements of confidentiality, and a statement of the reasons for the confidentiality; and
   4. an estimate of the cost of complying with this order and a statement of the method used to make the estimate.
3. If a list under paragraph (1) does not fully comply with the requirements of paragraph (2), the letter under paragraph (1) indicate the extent of, and reasons for, non-compliance, and when full compliance is expected to be achieved. Examples of non-compliance may include:
   1. the list is not up to date;
   2. not all relevant agencies are included; and
   3. contracts all of which are confidential are not included.
4. Where no contracts have been entered into by a department or agency, the letter under paragraph (1) is to advise accordingly.
5. In respect of contracts identified as containing provisions of the kind referred to in paragraph (2)(c), the Auditor-General be requested to provide to the Senate, by not later than 30 September each year, a report indicating that the Auditor-General has examined a number of such contracts selected by the Auditor-General, and indicating whether any inappropriate use of such provisions was detected in that examination.
6. In respect of letters including matter under paragraph (3), the Auditor- General be requested to indicate in a report under paragraph (5) that the Auditor-General has examined a number of contracts, selected by the Auditor-General, which have not been included in a list, and to indicate whether the contracts should be listed.
7. The Finance and Public Administration Committee consider the ongoing operation of the order and report on relevant developments from time to time.
8. This order has effect on and after 1 July 2001.
9. In this order:
   • "agency" means an agency within the meaning of the Financial Management and Accountability Act 1997; and
   • "previous 12 months" means the period of 12 months ending on either 31 December or 30 June in any year, as the case may be.

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