APPENDIX 2.1 COMMON CONTRACT PROVISIONS

When drafting a contract it is important to include clauses that protect the interests of the Australian Government. These same clauses frequently also offer protection to the contractor.

The more common provisions (in alphabetical order) generally included in public sector contracts relate to:

  Access and disclosure

  Assistance provided to the contractor

  Commonwealth specific clauses

  Confidential information

  Conflict of interest

  Contract variations

  Disclosure of information (confidentiality)

  Disputes

  Insurance

  Intellectual property rights

  Key personnel

  Liabilities and indemnities

  Payments

  Penalties and incentives

  Securities and guarantees

  Sub-contracting

  Termination and contract end dates

  Transition arrangements

  Warranties and fitness for purpose

To meet its accountability obligations, acquiring entities are expected to disclose information, regardless of any contractual obligations to maintain confidentiality, to the parliament or its Committees.

Each of these matters is discussed below. The list of common provisions is not definitive and other provisions will need to be drafted to suit the particular contractual arrangement. Where necessary, professional advice should be sought to assist with drafting specific contract provisions.

 

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