Australian Capital Territory Numbered Acts

GOVERNMENT PROCUREMENT AMENDMENT ACT 2003 (NO. 22 OF 2003) - SECT 8

insert

Schedule 1     Model confidentiality clause

(see s 36)

M     Confidentiality obligations of Territory

    (1)     In this contract, "confidential information" means [ list of the kinds of information to be kept confidential ].

    (2)     In giving effect to the principles of open and accountable government, the Territory may disclose documents and information unless it has otherwise agreed, or is otherwise required under law, to keep the information confidential.

    (3)     Except as provided in this contract, the Territory must not disclose the confidential information to anyone without the prior written consent [ insert the name of the party or the party's representative ] (which consent will not be unreasonably withheld) except if the confidential information—

        (a)     is required or authorised to be disclosed under law; or

        (b)     is reasonably necessary for the enforcement of the criminal law; or

        (c)     is disclosed to the Territory's solicitors, auditors, insurers or advisers; or

        (d)     is generally available to the public; or

        (e)     is in the possession of the Territory without restriction in relation to disclosure before the date of receipt from [ insert the name of the party or the party's representative ]; or

        (f)     is disclosed by the responsible Minister in reporting to the Legislative Assembly or its committees; or

        (g)     is disclosed to the ombudsman or for a purpose in relation to the protection of the public revenue.

    (4)     The Government Procurement Act 2001 , part 3 (Notifiable contracts) applies to this contract.

    (5)     The following grounds mentioned in that Act, section 35 (1) apply to this clause: [ list relevant grounds ].