THE
PERFORMANCE OF THE WORK, THE PROVISION OF THE INITIAL SERVICES AND CORE SERVICES
AND THE PERFORMANCE OF THE OBLIGATIONS UNDER THIS AGREEMENT; AND
(II)
IS TREATED AS CONFIDENTIAL AND NOT DISCLOSED (WITHOUT PRIOR
WRITTEN APPROVAL) OR USED BY ANY MEMBER OF STAFF OR SUBCONTRACTOR OTHERWISE THAN
FOR THE PURPOSES OF THIS AGREEMENT.
(D)
WHERE IT IS CONSIDERED NECESSARY IN THE REASONABLE OPINION
OF THE PRINCIPAL, THE CONTRACTOR WILL PROCURE THAT ALL MEMBERS OF ITS STAFF AND
ALL SUBCONTRACTORS SIGN A CONFIDENTIALITY UNDERTAKING WITH THE PRINCIPAL
AGREEING TO BE BOUND BY THE SAME CONFIDENTIALITY OBLIGATIONS AS THE CONTRACTOR
UNDER THIS CLAUSE 46.1, BEFORE COMMENCING ANY WORK.
46.2
EXCEPTIONS
(A)
THE PROVISIONS OF CLAUSE 46.1 WILL NOT APPLY TO ANY
INFORMATION:
(I)
WHICH IS OR BECOMES PUBLIC KNOWLEDGE (OTHERWISE THAN BY
BREACH OF THIS CLAUSE 46); OR
(II)
WHICH WAS IN THE POSSESSION OF THE PARTY CONCERNED, WITHOUT
RESTRICTION AS TO ITS DISCLOSURE, BEFORE RECEIVING IT FROM THE DISCLOSING PARTY.
(B)
NOTHING IN THIS CLAUSE 46 WILL PREVENT THE PRINCIPAL OR THE
CONTRACTOR FROM DISCLOSING ANY INFORMATION OBTAINED FROM THE CONTRACTOR TO ANY
OTHER DEPARTMENT, OFFICE, OR AGENCY OF THE COMMONWEALTH OR STATE OF VICTORIA, OR
TO ANY PERSON ENGAGED BY THE PRINCIPAL IN CONNECTION WITH THIS AGREEMENT,
PROVIDED THAT IN DISCLOSING THE INFORMATION THE PRINCIPAL HAS REQUIRED THAT THE
INFORMATION IS TREATED AS CONFIDENTIAL, INCLUDING REQUIRING CONFIDENTIALITY
UNDERTAKINGS WHERE APPROPRIATE.
(C)
NOTHING IN THIS CLAUSE 46 WILL PREVENT EITHER PARTY FROM
USING, IN THE COURSE OF ITS NORMAL BUSINESS, ANY TECHNIQUES, IDEAS OR KNOW-HOW
GAINED DURING THE PERFORMANCE OF THIS AGREEMENT, TO THE EXTENT THAT THIS DOES
NOT RESULT IN A DISCLOSURE OF CONTRACT-SPECIFIC INFORMATION.
(D)
THE PRINCIPAL MAY PUBLISH ON A GOVERNMENT INTERNET WEB SITE
OF THE PRINCIPAL THE CONTENTS OF ANY PROJECT DOCUMENT TO WHICH THE PRINCIPAL IS
A PARTY.
THE PRINCIPAL WILL ACT IN ACCORDANCE WITH ANY GOVERNMENT POLICIES AND
GUIDELINES APPLICABLE FROM TIME TO TIME WHEN DETERMINING WHAT CONTENTS OF ANY
SUCH PROJECT DOCUMENTS ARE TO BE SO PUBLISHED.
46.3
PUBLICITY
(A)
SUBJECT TO CLAUSE 46.3(B), THE CONTRACTOR AND ITS RELATED
BODIES CORPORATE MUST NOT MAKE ANY PUBLIC STATEMENTS OR ISSUE ANY PRESS RELEASES
IN RESPECT OF OR IN ANY WAY IN CONNECTION WITH THE PROJECT OR ANY PROJECT
DOCUMENT, THE SOLUTION OR THE SERVICES WITHOUT THE PRIOR WRITTEN CONSENT OF THE
PRINCIPAL.
164
(B)
WHERE THE CONTRACTOR OR A RELATED BODY CORPORATE IS REQUIRED
BY LAW TO DISCLOSE INFORMATION TO THE PUBLIC, THE CONTRACTOR OR THE RELATED BODY
CORPORATE (WHICHEVER IS APPLICABLE) MUST, WHERE POSSIBLE, PROVIDE THE PRINCIPAL
WITH A COPY OF SUCH DISCLOSURE PRIOR TO ITS ISSUE TO A THIRD PARTY, OR, WHERE
THAT IS NOT POSSIBLE, AS SOON AS POSSIBLE AFTER THE DISCLOSURE IS MADE.
46.4
PRIVACY
(A)
THE CONTRACTOR MUST:
(I)
COMPLY WITH THE PRIVACY OBLIGATIONS AND THE CONTRACTOR'S
PRIVACY PLAN AND AGREES TO BE BOUND BY THE INFORMATION PRIVACY PRINCIPLES IN THE
INFORMATION PRIVACY ACT 2000 (VIC) AND ANY APPLICABLE CODE OF PRACTICE WITH
RESPECT TO ANY ACT DONE, OR