Common use of Request for Commonwealth decision by the Consultant Clause in Contracts

Request for Commonwealth decision by the Consultant. If: the Consultant requests the Commonwealth to consider the selection of alternative courses of action; and all information required to enable a decision to be made is provided by the Consultant or is otherwise available, the Commonwealth must, in such reasonable time as not to delay or disrupt the carrying out of the Services, give a decision on the required course of action. Subject to paragraphs (b) and (c), the Commonwealth will take reasonable steps to protect the confidentiality of the Consultant's information described in the Official Order and received from the Consultant (Commercial-in-Confidence Information). The obligation of confidentiality in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with this Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). The parties acknowledge that the Commercial-in-Confidence Information is regarded by the Consultant as confidential in nature for the justifications given by the Consultant in the Official Order and for the period asserted by the Consultant in the Official Order. The Consultant: must not, in marking information provided to the Commonwealth, misuse the term "confidential" or any similar term implying confidentiality; and acknowledges that the marking of information as "confidential" or in similar terms does not affect the legal nature or character of the information.

Request for Commonwealth decision by the Consultant. If: the Consultant requests the Commonwealth to consider the selection of alternative courses of action; and all information required to enable a decision to be made is provided by the Consultant or is otherwise available, the Commonwealth must, in such reasonable time as not to delay or disrupt the carrying out of the Services, give a decision on the required course of action. Subject to paragraphs (b) and (c), the Commonwealth will take reasonable steps to protect the confidentiality of the Consultant's information described in the Official Order and received from the Consultant (Commercial-in-Confidence Information). The obligation of confidentiality in paragraph (a) does not apply if the Commercial-in-Confidence Information is: disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with its obligations or to exercise its rights under or in connection with this Contract; disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees, contractors or agents in order to comply with the Commonwealth's management, reporting or auditing requirements; disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or assistant; disclosed by the Commonwealth to any House or Committee of the Parliament of the Commonwealth of Australia; disclosed to any Commonwealth department, agency or authority by virtue of or in connection with its functions, or statutory or portfolio responsibilities; authorised or required by law to be disclosed; or in the public domain otherwise than due to a breach of paragraph (a). The parties acknowledge that the Commercial-in-Confidence Information is regarded by the Consultant as confidential in nature for the justifications justification given by the Consultant in the Official Order and for the period asserted by the Consultant in the Official Order. The Consultant: must not, in marking information provided to the Commonwealth, misuse the term "confidential" or any similar term implying confidentiality; and acknowledges that the marking of information as "confidential" or in similar terms does not affect the legal nature or character of the information.