| Commonwealth specific clauses relate to: • privacy22 • occupational health and safety23 • security24 • equal opportunity • legal services25 • environmental considerations, and • compliance with specified mandatory requirements or policies relevant to the nature of the contract. The above clauses in an Australian Government contract should require the contractor to ensure their actions do not breach any Commonwealth, State or Territory law and that they comply with Australian Government policy in these areas.26 | Contracts will generally contain clauses relating to how confidential information is to be identified, dealt with, and returned on completion of the contract. |
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22 The Australian Government Solicitor's Legal Briefing No.63 of 30 April 2002 contains a model clause to assist entities in discharging their responsibilities under the Privacy Act 1998.
23 Comcare OH&S Fact Sheet, Employers and Contractors, provides guidance to entities when engaging contractors including matters that should be considered for inclusion in contracts relating to a contractor's compliance with relevant Commonwealth Occupational Health and Safety Acts or regulations.
24 The Protective Security Manual, Part F provides an outline of an entity's security responsibilities when contracting specific entity functions and provides guidance on the handling of official information and performing government functions. This guidance is only relevant to contracts involving protective security functions.
25 Guidance Note No.2 of 2005 issued by the Office of Legal Services Coordination contains model clauses for inclusion in contracts for legal services.
26 Refer to Financial Management Guidance No.10: Guidance on complying with legislation and Government Policy in Procurement , January 2005.