disclosure as events and circumstances change. Section 32(1)(a), paragraphs (b) and (e) of Schedule A1 The information TfNSW weighed the competing public interest the definition of "commercial-in-confidence (Contract redacted is a considerations and determined that there was an provisions" at clause 1 of Schedule 4 Particulars) – percentage. overriding public interest against disclosure of this Limit of liability for information because: The disclosure of this information discloses the liquidated damages contractor's cost structure or profit margins the redacted information sets out the limit of for delay and would place the contractor at a substantial liability for liquidated damages for delay as a (clause 12.7(e)). commercial disadvantage in relation to percentage potential contractors and provide visibility on exposing the redacted information would reveal the contractor's profit margins. the apportionment of risks assumed by the Section 32(1)(d), item 4(b), (c) and (d) of the parties in relation to the limit of liability for table in section 14 liquidated damages for delay; The disclosure of this information could reveal exposing this information may also provide commercial-in-confidence provisions of a insight into the Contractor's potential capabilities government contract, diminish the competitive and its views on the likelihood of those risks commercial value of information to a person arising and would provide visibility on the and prejudice a person's legitimate business Contractor's profit margins; and and commercial interests. the public interest has been served by revealing There is an overriding public interest against the mechanism for determining the limit of disclosure. liability for liquidated damages for delay. In light of the disclosure of this information there is an overriding public interest against the disclosure of the precise percentages. Review: This information would be reviewed for disclosure as events and circumstances change. Section 32(1)(a), paragraphs (b) and (e) of Schedule A1 The information TfNSW weighed the competing public interest the definition of "commercial-in-confidence (Contract redacted is considerations and determined that there was an
disclosure as events and circumstances change. Schedule A1 (Contract Particulars) – Limit of liability for liquidated damages for delay (clause 12.7(e)). The information redacted is a percentage. Section 32(1)(a), paragraphs (b) and (e) of the definition of "commercial-in-confidence provisions" at clause 1 of Schedule 4 The disclosure of this information discloses the contractor's cost structure or profit margins and would place the contractor at a substantial commercial disadvantage in relation to potential contractors and provide visibility on the contractor's profit margins. Section 32(1)(d), item 4(b), (c) and (d) of the table in section 14 The disclosure of this information could reveal commercial-in-confidence provisions of a government contract, diminish the competitive commercial value of information to a person and prejudice a person's legitimate business and commercial interests. There is an overriding public interest against disclosure. TfNSW weighed the competing public interest considerations and determined that there was an overriding public interest against disclosure of this information because: the redacted information sets out the limit of liability for liquidated damages for delay as a percentage exposing the redacted information would reveal the apportionment of risks assumed by the parties in relation to the limit of liability for liquidated damages for delay; exposing this information may also provide insight into the Contractor's potential capabilities and its views on the likelihood of those risks arising and would provide visibility on the Contractor's profit margins; and the public interest has been served by revealing the mechanism for determining the limit of liability for liquidated damages for delay. In light of the disclosure of this information there is an overriding public interest against the disclosure of the precise percentages. Review: This information would be reviewed for disclosure as events and circumstances change. Schedule A1 (Contract The information redacted is Section 32(1)(a), paragraphs (b) and (e) of the definition of "commercial-in-confidence TfNSW weighed the competing public interest considerations and determined that there was an
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