The Victorian Government is committed to openness and transparency. Consistent with these principles, the Confidential Information provisions in the PV Standard Project Deeds expressly provide for the disclosure of information in connection with the Project by the State (including Confidential Information) and only limit (subject to exceptions) State disclosure to a limited category of information (Commercially Sensitive Information). The Commercially Sensitive Information is defined as the Finance Documents (other than the Finance Direct Deed) and information listed in the Commercially Sensitive Information Schedule.
The key exceptions, where the State may disclose Commercially Sensitive Information, include disclosure:
• in accordance with Laws, to satisfy the disclosure requirements of the Victorian Auditor-General or of Parliamentary accountability, in the course of the official duties of the responsible Minister, the Treasurer or the Attorney-General or otherwise in accordance with policies of the State or any Authority;
• reasonably necessary for the enforcement of criminal law;
• to the State's solicitors, auditors, insurers or advisors;
• to the ombudsman or for a purpose in relation to the protection of public revenue;
• required to be made available to a court in the course of proceedings to which the State or a State Associate is a party; or
• where the Commercially Sensitive Information is generally available to the public or is in the possession of the State without restriction in relation to disclosure before the date of receipt from Project Co.