Check a service provider's disclosure against the Commonwealth contract limit
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From a de-identified account of a contractor's disclosure, test it against Public Interest Disclosure Act s 30 and s 29(1)(c). Section 29(1)(c) covers conduct engaged in by a contracted service provider for a Commonwealth contract, in connection with entering into, or giving effect to, that contract. Section 30(1): an individual who is a public official because they are an officer or employee of a contracted service provider and provide services for the purposes of the Commonwealth contract does not engage in conduct in connection with their position as such a public official unless the conduct is in connection with entering into, or giving effect to, the contract. Section 30(3): a Commonwealth contract is a contract to which the Commonwealth or an agency is a party, under which goods or services are to be, or were to be, provided to the Commonwealth or an agency, or for or on behalf of the Commonwealth or an agency in connection with the performance of its functions or the exercise of its powers. Section 30(4): a Commonwealth contract does not include a grant covered by an instrument made under Public Governance, Performance and Accountability Act s 105C. That instrument was not opened. Section 30(2) defines a contracted service provider as a person who is a party to the Commonwealth contract and responsible for providing the goods or services, or a subcontractor in the chain described in that subsection. The tool does not decide that the disclosure is a public interest disclosure. The lawyer supplies a de-identified copy.
- What the lawyer must review
- The lawyer decides whether the contract is a Commonwealth contract and whether the conduct is in connection with entering into it or giving effect to it. A grant instrument under PGPA Act s 105C is read before a grant is treated as outside s 30(4). A State or Territory contractor disclosure is checked on that jurisdiction's Act. The lawyer writes any advice.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Related tasks
Advise a prospective discloser which recipient to use so the corporations disclosure qualifies for protectionPrepare the issues for a compensation claim for detrimentCheck a proposed release or contract change against whistleblower protectionsPrepare the allocation and investigation worksheet for a public-sector disclosure