Access to information held by private-sector Contractors
Section 121 of the Government Information (Public Access) Information Act 2009 (“GIPA Act”) states that when UOW enters into a contract with a private-sector entity (the Contractor) to provide services to the public on its behalf, UOW must have an immediate right of access to certain information in the Contractor's records.
The following information must be accessible by UOW:
- Information that relates directly to the performance of the services by the Contractor;
- Information collected by the contractor from members of the public to whom it provides, or offer to provide, the services;
- Information received by the contractor from UOW to enable it to provide the services.
UOW has no right to immediately access the following from Contractors:
- Information that discloses, or tends to disclose the contractor’s financing arrangement, financial modelling, cost structure or profit margins;
- Information that the contractor is prohibited from disclosing to UOW under legislation;
- Information that, if disclosed to UOW could reasonably be expected to place the Contractor at a substantial commercial disadvantage to UOW (present or future).
UOW is required to take steps to consult with the Contractor before providing any person with access to information relating to a contract, in response to an access application under the GIPA Act if it appears that:
- Information includes personal information about the Contractor;
- Information concerns the Contractor's business, commercial, professional or financial interests;
- Concerns research that has been, is being , or is intended to to be, carried out by or on behalf of the Contractor;
- The Contractor may reasonably be expected to have concerns about the disclosure of the information
Template clauses have been developed by the OIC, which are to be included into private-sector contracts, to explain the requirements under the GIPA Act. To see the template clause, click here.