Confidentially will be afforded to commercial information provided by private citizens or businesses in limited circumstances. This includes where confidentially is required under a pre-existing legal duty to maintain confidence or by pre-existing contract.

The obligation of government to account for its actions limits the extent to which the Territory can enter confidentially agreements. It is important that the Territory's business partners understand these limits early in any discussions. It should be understood that commercial-in-confidence status would be afforded only in the limited circumstances set out in these guidelines. Discussion of these issues should occur early in any negotiation before potentially confidential information comes into the possession of the Territory.

In any future dealings by or on behalf of the Territory, those dealing with the Territory should be informed in writing that:

the Territory will act under a policy in favour of making available to the public information surrounding its commercial dealings. This may include making available details of contractual arrangements between the Territory and the private citizen or corporation;

the Territory may be required to disclose information, either under the FOI Act or by the responsible Minister in the Legislative Assembly;

confidentiality will be afforded only in accordance with these guidelines. Contracting firms or individuals should clearly identify, in writing, any information they believe is confidential. Agencies, in consultation with the contracting party, must resolve which information will be considered as confidential before the matter proceeds.

Where it is agreed that information is confidential, the party providing the information should be advised in writing that confidentiality may be subject to exceptions-

where the information:

is required, or authorised, to be disclosed by law;