DHSChild and Youth Mental Health Service Redesign Demonstration Projects
The Victorian Government has a strong presumption in favour of disclosing agreements and, in determining whether any clauses should be confidential, specific Freedom of Information (FOI) principles (including a public interest test) will apply. The Government cannot pre-empt the workings of the FOI Act or constrain the Auditor General's powers to secure and publish documents as appropriate.
Disclosure of submission and agreement details
Subject to this clause and the Conditions of Agreement, all documents provided by the service provider will be held in confidence so far as the law permits. Notwithstanding any copyright or other intellectual property right that may subsist in any documents, by making a submission the service provider licenses DHS to reproduce the whole or any portion of the submission documents for the purposes of evaluation
In making its submission, the service provider accepts the Department may publish (on the internet or otherwise) the name of the successful or recommended service provider(s) and the value of the successful agreement(s), together with the provisions of the agreement generally.
Non-disclosure of agreement provisions
Non-disclosure of agreement provisions must be justified under the principles for exemption within Section 34(1) of the Freedom of Information Act 1982, providing that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the Act if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking unreasonably to disadvantage. The Department will consider these arguments in the evaluation and negotiations with service providers.
Service providers are reminded that they should not attempt to exert influence on the outcome of the assessment process by lobbying, directly or indirectly, DHS staff or Members of Parliament.
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