Additional Reporting on Confidentiality
Practice
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The reasons where a contract is reported on AusTender as ‘yes’ in relation to confidentiality are to be selected from the options set out below. Where more than one reason for confidentiality applies, each reason should be selected on AusTender.
| Reason | Explanation |
|---|---|
| Artistic, literary or cultural secrets | Where information is determined to be confidential because it reveals artistic, literary or cultural secrets. Examples include photo shoots, historical manuscripts or secret indigenous culture. This type of information is not generally set out in the contract itself and accordingly is not included in AusTender as a reason for a specific contract clause protecting information contained in the contract. |
| Costing/profit information | Where the confidential information would reveal the supplier’s internal costing information or information about its profit margin. This type of information is generally set out in the contract itself and accordingly is not a reason for a specific contract clause protecting information obtained or generated in performing the contract. |
| Intellectual property | Where the agency has determined that specific intellectual property or trade secrets are to be kept confidential, and can apply to confidential information either in the contract or generated or obtained in performing the contract. |
| Privacy Act | Where a contract contains a confidentiality provision to protect specific personal information contained in the contract or obtained or generated in performing the contract (noting that standard privacy clauses are regarded as general confidentiality provisions and need not be identified separately). The standard privacy clauses available at www.privacy.gov.au[ ] would be regarded as general confidentiality provisions. |
| Public interest | Where an agency determines that information is confidential because its disclosure would be contrary to the public interest. The information protected for this reason could be information in the contract or obtained or generated in performing a contract. Public interest issues could include national security, defence and Cabinet decisions and/or deliberations. |
| Secrecy provisions | Where a confidentiality provision is used to protect specific information covered by a secrecy provision. The information protected for this reason could be information in the contract or obtained or generated from a contract. Secrecy provisions generally apply irrespective of a contractual clause to maintain the confidentiality of the information. |
| Other | Where there is any reason that is different to those above. If agencies select ‘Other’ as the reason for including confidentiality provisions, they are required to provide a free-text description of the reason for including a confidentiality provision. One example of the use of “other” as a reason is where a confidentiality clause is used to protect information because disclosure of the information would have a substantial adverse effect on the financial or property interests of the Australian Government. However, the specific reason provided must be consistent with the Australian Government’s intention that contracting information should not be confidential unless there is a sound reason, informed by legal principle, for maintaining the confidentiality of the information. |
- Further guidance on confidentiality is at: