7.10.2 The Contractual Position

 
 


Contracts signed since 1 January 2005 will normally include provisions that address the issues relating to such FoI/EIR requests. 

The WIDP Contract (Clause 85) obliges the Contractor to facilitate the Authority's compliance with its obligations under FoI/EIR. When there is a request for information held by the Authority the Contractor is allowed to make representations about whether the information requested should be disclosed. However the WIDP Contract makes it clear it is the Authority that decides whether or not to disclose. The fact that information is defined as Confidential Information under the Contract does not affect the Authority's obligations under FoI/EIR. The WIDP Contract also includes provisions allowing the Contractor to reclaim costs incurred in responding to Requests for Information, from the Authority. If the Request for Information is made to the Contractor then the WIDP Contract (Clause 85.5) obliges the Contractor to transfer the request to the Authority within two Business Days of receiving the request.