On 14-15 February 2024, the Department of Finance, as contract managers for the Management Advisory Services Panel, emailed 236 suppliers with details of their updated pricing. The email included embedded information with some third-party confidential information. Please note that no third-party confidential information would have been accessed or viewed by a person who simply opened the email or its attachments.
Upon becoming aware of this on 19 February 2024, Finance immediately took a number of steps, including:
- On 20-21 February 2024, Finance called (or attempted to call) all 236 suppliers to seek the deletion of the email and attachments (and followed up with an email to seek written confirmation of the deletion);
- On 21 February 2024, Finance advised all suppliers on the MAS Panel of the matter and the actions undertaken to date.
The Secretary of the Department of Finance, Ms Jenny Wilkinson PSM, has initiated an independent review of this matter (and the inadvertent release in November 2023) to be conducted by Mr Michael Manthorpe PSM. The review will consider the circumstances that led to the unauthorised disclosure of the information, as well as the department’s systems and processes.
The potential disclosure of this third-party confidential information is regrettable, and Finance apologises for the oversight.
22 February 2024
Further to the statement of 21 February 2024, Finance would like to provide the following additional information and update:
- The third-party confidential information that was embedded within the spreadsheet attachment comprised contact details and fee information for providers on the MAS Panel that was current as at November 2023. The fee information that could be identified through manipulation of the spreadsheet is not representative of the current pricing of all providers on the MAS Panel (given that most suppliers have adjusted their fees over the past few months). As previously advised, this information would not have been accessed or viewed by a person who simply opened the spreadsheet.
- The fee information under the MAS Panel is a maximum charging point that suppliers propose, but is commonly reduced in response to individual requests for tender. All Service Providers will be provided a further opportunity to amend pricing in April 2024, as a part of the usual fee adjustment process outlined in the MAS Head Agreement.
- Today, Finance has sent confidentiality deed polls and statutory declarations to all suppliers who received the spreadsheet, seeking their urgent execution.
- Finance will provide regular updates to all MAS Panel suppliers.
7 March 2024
Further to the statement on 21 and 22 of February 2024, Finance would like to provide the following additional information and update.
- As at 7 March 2024:
- 95 per cent (228) of suppliers have confirmed deletion of the third-party confidential information; and
- 80 per cent (193) of suppliers have returned a completed confidentiality deed poll.
- Finance issued a reminder last week and continues to engage with impacted suppliers to ensure completed confidentiality deed polls and statutory declarations (where required) are returned urgently.
Finance can also confirm that, after a reconciliation process, the number of suppliers that received the email with third-party confidential information was 240. The Senate’s inquiry into the management and assurance of integrity by consulting services was advised of this through public testimony on Friday 23 February 2024.
