templates for agencies

This page contains templates of forms and correspondence for each of the main stages of processing right to information applications. These templates can be downloaded in Microsoft Word and adapted for use by your agency.

Select a link from the list below for the category of templates you need.

Making an application

Advising applicant

Consultation

Notifications of decisions

Review of decision

Contractual clauses

Access to information held by private-sector contractors - template contractual clauses

When an agency enters into a contract with a private-sector entity (contractor) to provide services to the public on its behalf, the agency must have a contractual right to immediately access certain information in the contractor’s records.

Here we provide a guide to the relevant sections of the Government Information (Public Access) Act (GIPA Act) and two template contractual clauses for download. Select a link from the headings below for more information.

Does this apply to all private-sector contracts?

Not all private-sector contracts are required to include the access to information clause. Section 121 of the GIPA Act applies to contracts 'under which the contractor is to provide services to the public on behalf of an agency'.

So section 121 will apply only to some of the contracts listed in an agency’s register of government contracts. They will be contracts for the provision of external services to the public, such as security contractors, special archivists, support services for seniors or health and education services. Section 121 is unlikely to apply to outsourced internal services to an agency, such as for an agency’s office supplies, internal personnel, information technology or corporate support.

Which information must be accessible?

Under section 121(1) of the GIPA Act, an agency must be able to access information:

  • relating directly to the performance of services by the contractor
  • collected by the contractor from members of the public who are provided or offered the services and
  • received by the contractor from the agency to enable it to provide the services.

Which information is protected?

Contractors are not required to provide agencies with access to the following information, under section 121(2):

  • information that would reveal the contractor’s financing arrangements, financial modelling, cost structure or profit margins
  • any information the contractor is prohibited from disclosing to the agency under any Australian law, and
  • information that, if revealed to an agency, could place the contractor at a substantial commercial disadvantage in present or future dealings with the agency.

The template clauses

The OIC has developed two template clauses for agencies to insert into their private sector contracts. These may be modified to suit your purposes.

Access to information clause

In the template below, subclauses (1) and (2) are drafted to comply with the minimum requirements of subs. 121(1) and (2) of the GIPA Act. This also requires the contractor to provide the requested information within seven (7) days of a request.

The remainder of the clause goes beyond the statutory requirements. It requires the contractor to provide the requested information at its own expense and gives the agency a right to terminate the contract if it does not do so.

  1. The Contractor must, within seven (7) days of receiving a written request by the Agency, provide the Agency with immediate access to the following information contained in records held by the Contractor:
    (a) information that relates directly to the performance of the services provided to the Agency by the Contractor pursuant to the Contract
    (b) information collected by the Contractor from members of the public to whom it provides, or offers to provide, the services pursuant to the Contract, and
    (c) information received by the Contractor from the Agency to enable it to provide the services pursuant to the Contract.
  2. For the purposes of sub-clause (1), information does not include:
    (a) information that discloses or would tend to disclose the Contractor’s financing arrangements, financial modelling, cost structure or profit margin
    (b) information that the Contractor is prohibited from disclosing to the Agency by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth, or
    (c) information that, if disclosed to the Agency, could reasonably be expected to place the Contractor at a substantial commercial disadvantage in relation to the Agency, whether at present or in the future.
  3. The Contractor will provide copies of any of the information in sub-clause (1), as requested by the Agency, at the Contractor’s own expense.
  4. Any failure by the Contractor to comply with any request pursuant to sub clause (1) or (3) will be considered a breach of an essential term and will allow the Agency to terminate the Contract by providing notice in writing of its intention to do so with the termination to take effect seven (7) days after receipt of the notice. Once the Contractor receives the notice, if it fails to remedy the breach within the seven (7) day period to the satisfaction of the Agency, then the termination will take effect seven (7) days after receipt of the notice.
Consultation clause (s. 54)

The template consultation clause below reflects agencies’ obligations under section 54 of the GIPA Act to consult before providing access to information. Although agencies are not required to include this clause in their private sector contracts, it may be useful in alerting contractors to their consultation and objection rights.

  1. The Agency will take reasonably practicable steps to consult with the Contractor before providing any person with access to information relating to the Contract, in response to an access application under the Government Information (Public Access) Act 2009 (GIPA Act), if it appears that:
    (a) the information:
    i. includes personal information about the Contractor or its employees
    ii. concerns the Contractor’s business, commercial, professional or financial interests, or
    iii. concerns research that has been, is being, or is intended to be, carried out by or on behalf of the Contractor, or
    iv. concerns the affairs of a government of the Commonwealth or another State (and the Contractor is that government)
    (b) the Contractor may reasonably be expected to have concerns about the disclosure of the information, and
    (c) those concerns may reasonably be expected to be relevant to the question of whether there is a public interest consideration against disclosure of the information.
  2. If, following consultation between the Agency and the Contractor, the Contractor objects to disclosure of some or all of the information, the Contractor must provide details of any such objection (including the information objected to and the reasons for any such objection) within five (5) days of the conclusion of the consultation process.
  3. In determining whether there is an overriding public interest against disclosure of government information, the Agency will take into account any objection received by the Contractor.
  4. If the Contractor objects to the disclosure of some or all of the information but the Agency nonetheless decides to release the information, the Agency must not provide access until it has given the Contractor notice of the Agency’s decision and notice of the Contractor’s right to have that decision reviewed.
  5. Where the Agency has given notice to the Contractor in accordance with sub-clause (4), the Agency must not provide access to the information:
    (a) before the period for applying for review of the decision under Part 5 of the GIPA Act has expired, or
    (b) where any review of the decision duly applied for is pending.
  6. The reference in sub-clause (5)(a) to the period for applying for review of the decision under Part 5 of the GIPA Act does not include the period that may be available by way of extension of time to apply for review.