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DHSChild and Youth Mental Health Service Redesign Demonstration Projects

Part 5 — Disclosure of submission and agreement information

Part C provides for disclosure of agreement information. If you withhold the disclosure of specific information, you must detail how its release will expose trade secrets or expose your service provider unreasonably to disadvantage. The Department will consider these arguments during the evaluation process and in negotiation with service providers.

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.

1Trade secrets

In considering whether specific information should be categorised as a trade secret, service providers should assess:

The extent to which it is known outside of your business

The extent to which it is known by the persons engaged in your business

Any measures taken to guard its secrecy

Its value to your business and to any competitors

The amount of money and effort invested in developing the information

The ease or difficulty with which others may acquire or develop this information

Trade Secrets not to be disclosed:

2Unreasonable disadvantage

In determining whether disclosure of specific information will expose your business unreasonably to disadvantage, you should consider section 34(2) of the FOI Act. Broadly, you should consider whether:

The information is generally available to competitors

It could be disclosed without causing substantial harm to the competitive position of the business

Unreasonable Disadvantage disclosure would cause

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