Checklist · Government Procurement & Tendering

Confidentiality determination for an awarded contract

A schedule for deciding whether specific contract information is confidential, using Commonwealth Procurement Rules paragraph 7.24 and the four-criteria test on the Finance guidance page.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when a supplier asks for information to be kept confidential after a Commonwealth contract is awarded. The schedule records each item against the test. It does not decide the test is met.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list each item the supplier has identified and the supplier's reasons, and must not decide that any criterion of the confidentiality test is met.

AI may

  • Enter each item the supplier has separately identified, including a pricing item the principal has marked
  • Place the supplier's written reason next to the criterion it addresses

AI must not

  • Must not accept a clause that says all information is confidential
  • Must not decide that information is commercially sensitive or that disclosure would cause unreasonable detriment
  • Must not omit a clause alerting the supplier to disclosure to Parliament or the Auditor-General where the principal includes confidentiality

The lawyer checks

  • Paragraph 7.24 is applied only after the entity has determined and identified the specific information
  • The Finance page's notice about guidance updates is read, and the principal confirms the page is still the test paragraph 7.24 names
  • Submissions are treated as confidential before and after award, which is separate from this contract determination
  • The reasons for agreeing to a confidentiality provision are documented

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Government Procurement & Tendering

All precedents for Government Procurement & Tendering · Tasks and AI use in this area