Government Information (Public Access) Act 2009

An agency that enters into a contract (a government contract) with a private sector entity (the contractor) under which the contractor is to provide services to the public on behalf of the agency must ensure that the contract provides for the agency to have an immediate right of access to the following information contained in records held by the contractor—

information that relates directly to the performance of the services by the contractor,

information collected by the contractor from members of the public to whom it provides, or offers to provide, the services,

information received by the contractor from the agency to enable it to provide the services.

A government contract is not required to provide for the agency to have an immediate right of access to any of the following information—

information that discloses or would tend to disclose the contractor’s financing arrangements, financial modelling, cost structure or profit margins,

information that the contractor is prohibited from disclosing to the agency by provision made by or under any Act (of this or another State or of the Commonwealth),

information that, if disclosed to the agency, could reasonably be expected to place the contractor at a substantial commercial disadvantage in relation to the agency, whether at present or in the future.