Exemptions from reporting

Paragraph 2.6 of the CPRs

Contract details do not generally need to be reported on AusTender when an accountable authority applies paragraph 2.6 of the CPRs (in whole or in part) because of measures necessary for the maintenance or restoration of international peace and security; to protect human health; for the protection of essential security interests; or to protect national treasures of artistic, historic or archaeological value.

However, if a relevant entity chooses to report such contracts on AusTender, all standard contract information is required to be included.

Freedom of Information

An accountable authority may direct officials in writing that contract details are not to be reported on AusTender if they would be subject to an exemption under the Freedom of Information Act 1982 (FOI Act) and the accountable authority considers that the information is genuinely sensitive and harm is likely to be caused by its disclosure. 

There are 9 categories of exemptions under the FOI Act:
  1. documents affecting national security, Defence or international relations
  2. Cabinet documents
  3. documents affecting enforcement of law and protection of public safety
  4. documents to which secrecy provisions in other legislation apply
  5. documents subject to legal professional privilege
  6. documents containing material obtained in confidence
  7. documents whose disclosure would be in contempt of Parliament or in contempt of court
  8. documents disclosing trade secrets or commercially valuable information
  9. electoral rolls and related documents.

Another eight categories of document are conditionally exempt under the FOI Act. Fact Sheets on FOI exemptions and additional information is available from the Australian Government Office of the Australian Information Commissioner.

Annual Reports

Contracts that have been exempted under the FOI Act by an accountable authority for AusTender reporting purposes may still need to be documented in annual reports (subsection 17AG(9) in Schedule 2 of the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule)).

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