Clause 13(6) of Schedule 1 to the Freedom of Information Act 1991 (FOI Act) requires agencies to report a contract that includes a confidentiality clause to the Minister responsible for administering the FOI Act as soon as practicable after it is approved. The term ‘as soon as practicable’ means as soon as practicable after the contract has been executed (ie signed by both parties).
Contracts must be reported using the Contracts containing Confidentiality Clauses reporting form. To maintain your agencies reporting obligations under the FOI Act, you must ensure your contract data is always up to date.
The number of contracts containing confidentiality clauses is reported in the FOI Annual Report. To enable agencies to meet these reporting requirements, data relating to contracts will be derived from above form by State Records and provided to the Minister.
For more information on contracts containing confidentiality clauses, see our Contracting and FOI advice sheets.