Contracting information should not be confidential unless there is a sound reason, informed by legal principle, for maintenance of the confidentiality of that information.

Contract managers should ensure that the contract contains clauses providing for the protection and handling of confidential information. Where information is identified in the contract as being confidential, contract managers should ensure that it is appropriately handled and protected.

For entities subject to the Commonwealth Procurement Guidelines, certain criteria must be met in order for information to be treated as confidential.27 As a general principle, contracts should provide for access to contract-related information by the Parliament and its committees.

Potential or actual conflicts of interest is an issue that can arise in many contractual situations.