Use of Confidentiality Provisions in ABS Contracts

Senate Order on Entity Contracts relating to the period 1 July 2016 to 30 June 2017

The Senate Order on Entity Contracts requires non-corporate Commonwealth entities to publish details of contracts entered into which have not been fully performed or which have been entered into in the previous 12 months, and which provide for a consideration to the value of $100,000 or more.

Some of the contracts listed contain confidentiality provisions of a general nature that are designed to protect the confidential information of the parties that may be obtained or generated in carrying out the contract.

The reasons for including such clauses include:

    1. ordinary commercial prudence that requires protection of trade secrets, proprietary information and the like; and/or
    2. protection of other Commonwealth material and personal information.
The accountable authority of Australian Bureau of Statistics noted that the listed contracts do not contain any specific confidentiality provisions and therefore do not contain any inappropriate confidentiality provisions.

The Australian Bureau of Statistics Procurement contracts are available through the Senate Order Report located on the AusTender Homepage.