New South Wales Consolidated Acts

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 121

121 Provision of information by private sector contractors

(1) An agency that enters into a contract (a
"government contract" ) with a private sector entity (
"the contractor" ) under which the contractor is to provide services to the public on behalf of the agency must ensure that the contract provides for the agency to have an immediate right of access to the following information contained in records held by the contractor--

(a) information that relates directly to the performance of the services by the contractor,

(b) information collected by the contractor from members of the public to whom it provides, or offers to provide, the services,

(c) information received by the contractor from the agency to enable it to provide the services.

Note--: A reference in this Act to government information held by an agency includes information held by a private sector entity to which the agency has an immediate right of access. See clause 12 of Schedule 4. This means that an access application can be made to the agency for that information.

(2) A government contract is not required to provide for the agency to have an immediate right of access to any of the following information--

(a) information that discloses or would tend to disclose the contractor's financing arrangements, financial modelling, cost structure or profit margins,

(b) information that the contractor is prohibited from disclosing to the agency by provision made by or under any Act (of this or another State or of the Commonwealth),

(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.

Note--: The contractor may be entitled to be consulted by the agency under section 54 (Consultation on public interest considerations) in relation to an access application made to the agency for information held by the contractor.