Table of Contents
COMMITTEE MEMBERSHIP
CHAPTER 1 – INTRODUCTION
Responsibility for contracted services
The Ombudsman's responsibilities
Public sector awareness
Accountability
The importance of process
Commercial-in-confidence
Privacy
Terminology
CHAPTER 2 – THE TENDERING PROCESS
CHAPTER 3 – MANAGING THE CONTRACT
Enforceability of contracts
Can the Public Service do it?
Outcome versus process
Conclusion
CHAPTER 4 – ACCOUNTABILITY
Introduction
The accountability chain
Accountability through parliament
Accountability through audit
Accountability for the resolution of complaints and disputes
Government agency – contractor disputes
Citizen complaints against contractors
Accountability through the Freedom of Information (FOI) Act
Privacy
Conclusion
CHAPTER 5 – COMMERCIAL CONFIDENTIALITY
Introduction
What is commercial confidentiality?
Commercial confidentiality and the Senate
In camera evidence
Case studies
Case 1: Geraldine Doogue's contract
Case 2: Casselden Place, Melbourne
Case 3: Centenary House
Consequences of non-disclosure
Possible ways forward
Codification of what constitutes `commercially confidential' information
Non-disclosure agreements
An independent arbiter
Production of contract summaries
Release after a certain time
Reversal of the onus of proof
Conclusions
APPENDICES
Appendix A Terms of Reference
Appendix B List of Submissions
Appendix C Public Hearings Program
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