Table of Contents

Contracting out of Government Services Second Report

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

    In-house bids

    Tender challenges and complaints

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