---
title: "Confidentiality determination for an awarded contract"
url: "https://ailawframework.com/precedents/government-procurement-and-tendering/confidentiality-determination-schedule"
type: "precedent"
site: "AI Law Framework"
id: "a50-confidentiality-determination-schedule"
area_id: "A50"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A50-X20260927-8"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/government-procurement-and-tendering/confidentiality-determination-schedule  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Government Procurement & Tendering](https://ailawframework.com/precedents/government-procurement-and-tendering.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Commonwealth.

## 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

- [Prepare the confidentiality determination schedule for the awarded contract](https://ailawframework.com/practice/government-procurement-and-tendering/prepare-the-confidentiality-determination-schedule-for-the-awarded-contr.md)

## 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

## Authorities

- [Department of Finance, Commonwealth Procurement Rules, 17 November 2025, paragraphs 7.22 to 7.26](https://www.finance.gov.au/sites/default/files/2025-10/Commonwealth-Procurement-Rules-2025.pdf)
- [Department of Finance, Confidentiality throughout the Procurement Cycle](https://www.finance.gov.au/government/procurement/buying-australian-government/confidentiality-throughout-procurement-cycle)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/government-procurement-and-tendering/confidentiality-determination-schedule and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*