None of the disclosure obligations contained in the FOI Act, or the requirements for disclosing tender information or a copy of a contract or information in relation to a contract under these guidelines, require the disclosure of:
• the commercial-in-confidence provisions of a contract (as defined in schedule 3);
• details of any unsuccessful tender;
• any matter that could reasonably be expected to affect public safety or security; or
• information which would be exempt from disclosure if it were the subject of an application under the FOI Act.
Where such confidential information is withheld, the agency must inform the requesting person that access to that information may be sought in accordance with the FOI Act. This will enable a person seeking the information to have the appeal rights available under the FOI Act.
Tenderers are to be invited to nominate items they consider are confidential and why.
In the event of disagreement between an agency and the tenderer or a requesting person or other member of the public as to what should be disclosed with regard to contract information (for example, if there is some disagreement as to what constitutes intellectual property) the agency is to obtain the opinion of: