Additional Reporting on Confidentiality

Principles

  1. Entities are required to identify on AusTender whether a contract includes confidentiality provisions. Entities must separately identify whether the requirements are to maintain the confidentiality of:
    • contract clauses or other information contained in the contract (referred to as Confidentiality (Contract)), such as a description of methodology to be used by a contractor which reveals confidential intellectual property; and
    • information obtained or generated as a result of performance of the contract (referred to as Confidentiality (Outputs)), such as a consultancy report which contains information that is protected since its disclosure would be contrary to the public interest.
  2. AusTender reports about confidentiality provisions will include an overarching statement indicating that most contracts contain general confidentiality provisions, and the reasons for inclusion of these provisions. Therefore, general confidentiality provisions such as these do not need to be separately identified on AusTender. Entities must report requirements to maintain the confidentiality of information obtained or generated as a result of performance of the contract only where a contractual clause has sought to protect specific information.
  3. The table below details the appropriate options for how confidentiality is reported on AusTender: 
 AusTender “Contract”: Protecting information contained in the contractAusTender “Outputs”:  Protecting information obtained or generated in performing the contract
Where there are general confidentiality provision/s only

Report “No”

Report “No”

Where there are specific provision/s protecting information in the contract and information obtained or generated in performing the contract

Report “Yes”

Report “Yes”

Where there are  specific provision/s protecting information in the contract only

Report “Yes”

Report “No”

Where there are specific provision/s protecting information obtained or generated in performing the contract only Report “No”

Report “Yes”

Reasons available where a contract is reported as “yes”
  • Costing/profit information
  • Intellectual Property
  • Privacy Act
  • Public Interest
  • Secrecy Provisions
  • Other
  • Artistic, literary, cultural secrets
  • Intellectual Property
  • Privacy Act
  • Public Interest
  • Secrecy Provisions
  • Other