Attachment A Contract disclosure The Government has a strong presumption in favour of disclosing contracts and, in determining whether any clauses should be confidential, specific freedom of information principles (including a public interest test) will apply. However, even if certain clauses are excised from public contracts, the Government cannot pre-empt the workings of the Freedom of Information Act 1982 (Vic) or constrain the Auditor General's powers to secure and publish documents as he or she sees fit. The Conditions of Tendering include a provision for the disclosure of contract information section in Part A of the RFT dealing with of Tenders”). “Use The provisions of the Proposed Contract in regard to confidentiality and disclosure should also be This provision is consistent with the Government's presumption of the full disclosure of contracts. Any of contract provisions must be justified by the successful Tenderer by applying the principles for exemption under the provisions of the FOI Act. Section 34(1) of the FOI Act provides that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the FOI Act if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking unreasonably to disadvantage. If a Tenderer wishes to withhold the disclosure of specific contract information, the Tenderer must clearly outline how the release of this information will expose trade secrets or expose the business unreasonably to disadvantage. secrets In considering whether specific information should be categorised as a trade secret, Tenderers should assess: the extent to which it is known outside of the Tenderer’s business; the extent to which it is known by the persons engaged in the Tenderer’s business; any measures to guard its secrecy; its value to the Tenderer’s business and to any competitors; the amount of money and effort invested in developing the information; and the ease or difficulty with which others may acquire or develop this information. Unreasonable disadvantage In determining whether disclosure of specific information will expose a Tenderer’s business unreasonably to disadvantage, you should consider section 34(2) of the FOI Act. Broadly, you should consider: whether the information is generally available to competitors; and whether it could be disclosed without causing substantial harm to the competitive position of the business GMW will consider these applications in the Tender evaluation and negotiations with Tenderers.
Attachment A Contract disclosure The Government has a strong presumption in favour of disclosing contracts and, in determining whether any clauses should be confidential, specific freedom of information principles (including a public interest test) will apply. However, even if certain clauses are excised from public contracts, the Government cannot pre-empt the workings of the Freedom of Information Act 1982 (Vic) or constrain the Auditor General's powers to secure and publish documents as he or she sees fit. The Conditions of Tendering include a provision for the disclosure of contract information section in Part A of the RFT dealing with “Use of Tenders”). The provisions of the Proposed Contract in regard to confidentiality and disclosure should also be This provision is consistent with the Government's presumption of the full disclosure of contracts. Any of contract provisions must be justified by the successful Tenderer by applying the principles for exemption under the provisions of the FOI Act. Section 34(1) of the FOI Act provides that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the FOI Act if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking unreasonably to disadvantage. If a Tenderer wishes to withhold the disclosure of specific contract information, the Tenderer must clearly outline how the release of this information will expose trade secrets or expose the business unreasonably to disadvantage. secrets In considering whether specific information should be categorised as a trade secret, Tenderers should assess: the extent to which it is known outside of the Tenderer’s business; the extent to which it is known by the persons engaged in the Tenderer’s business; any measures to guard its secrecy; its value to the Tenderer’s business and to any competitors; the amount of money and effort invested in developing the information; and the ease or difficulty with which others may acquire or develop this information. Unreasonable disadvantage In determining whether disclosure of specific information will expose a Tenderer’s business unreasonably to disadvantage, you should consider section 34(2) of the FOI Act. Broadly, you should consider: whether the information is generally available to competitors; and whether it could be disclosed without causing substantial harm to the competitive position of the business GMW will consider these applications in the Tender evaluation and negotiations with Tenderers.
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