Disclosure of Information
Various Treasurer's Instructions require the public disclosure of certain information relating to contracts. For example:
- Treasurer's Instructions 1110 and 1111 (goods and services) and 1212 and 1213 (building and construction/roads and bridges) detail contract information that is required to be disclosed on the Tenders website and in agencies' Annual Reports;
- Treasurer's Instructions 1110 and 1212 together with the Crown Contracts Confidentiality Policy require that agencies provide public access to contracts valued at more than $2 million; and
- contracts containing confidentiality provisions as a result of approval by a Head of Agency in accordance with the Treasurer's Instruction 1401(4) are reported in the agency's Annual Report and on the agency's website. (Refer to Crown Contracts Confidentiality Policy).
As a result, the Treasurer's Instruction 1109 (goods and services) and 1206 and 1207 (building and construction/roads and bridges) provide that certain provisions must be included in all Conditions of Tender and Quotation to enable disclosure and to protect the rights of the Crown. This includes contracts where the form of agreement is by an exchange of letters or some other format other than a formal contract.
Crown Law can provide agencies with advice where necessary.