Explanatory table This table provides an explanation of the information Hunter Water has determined should not be disclosed in connection with this contract. Contract Clause (and general description) Reason under Government Information Explanation of the reasons under the Government (Public Access) Act 2009 Information (Public Access Act) 2009 Contents Page – reference to Section 10.4 Commercial-in-confidence provisions Hunter Water weighed the competing public interest considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosure of the figure would provide visibility of the Contractor's financial information and liability, project risks and cost structure; (b) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (c) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water; (d) disclosure may reveal the cost structure and profit margins of the Contractor as well as provide insight into the Contractor's financial arrangements. Clause 2.1 – Long Cycle Preventative Commercial-in-confidence provisions Hunter Water weighed the competing public interest Maintenance definition - dollar amount considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosure of the figure would provide visibility of the Contractor's financial information and liability, project risks and cost structure; (b) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (c) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water; Contract Clause (and general description) Reason under Government Information Explanation of the reasons under the Government (Public Access) Act 2009 Information (Public Access Act) 2009 (d) disclosure may reveal the cost structure and profit margins of the Contractor as well as provide insight into the Contractor's financial arrangements. Clause 2.6.8, 7.4.3, 7.4.5, 7.5.2, 7.5.4, 9.5.4 – Commercial-in-confidence provisions Hunter Water weighed the competing public interest dollar amounts considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosure of the figure would provide visibility of the Contractor's financial information and liability, project risks and cost structure; (b) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (c) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water; (d) disclosure may reveal the cost structure and profit margins of the Contractor as well as provide insight into the Contractor's financial arrangements. Clause 10.4.1, 10.4.4 Commercial-in-confidence provisions Hunter Water weighed the competing public interest considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosure of the figure would provide visibility of the Contractor's financial information and liability, project risks and cost structure; (b) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (c) disclosure would provide visibility on the amount and apportionment of risk and Contract Clause (and general description) Reason under Government Information Explanation of the reasons under the Government (Public Access) Act 2009 Information (Public Access Act) 2009 consequences assumed by the Contractor and Hunter Water; (d) disclosure may reveal the cost structure and profit margins of the Contractor as well as provide insight into the Contractor's financial arrangements. Clauses 24.3.4, 30.3.4, 31.5.1, 34.5.4(a)&(a)(ii), Commercial-in-confidence provisions Hunter Water weighed the competing public interest 35.3(1), 35.6(2) – dollar amounts considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosure of the figure would provide visibility of the Contractor's financial information and liability, project risks and cost structure; (b) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (c) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water; (d) disclosure may reveal the cost structure and profit margins of the Contractor as well as provide insight into the Contractor's financial arrangements. Clause 35.7 – provision for negotiated item Commercial-in-confidence provisions Hunter Water weighed the competing public interest considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosure of figures would provide visibility of the Contractor's financial information and liability, project risks and cost structure; (b) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; Contract Clause (and general description) Reason under Government Information Explanation of the reasons under the Government (Public Access) Act 2009 Information (Public Access Act) 2009 (c) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water. Clause 37 – dollar amounts Commercial-in-confidence provisions Hunter Water weighed the competing public interest considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosure of the figure would provide visibility of the Contractor's financial information and liability, project risks and cost structure; (b) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (c) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water. Clause 40 – negotiated item Commercial-in-confidence provisions Hunter Water weighed the competing public interest considerations and determined there was an overriding public interest against disclosure of this information because: (a) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (b) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water. Clauses 43.2 & 43.4 – contract termination Commercial-in-confidence provisions Hunter Water weighed the competing public interest considerations and determined there was an overriding public interest against disclosure of this information because: Contract Clause (and general description) Reason under Government Information Explanation of the reasons under the Government (Public Access) Act 2009 Information (Public Access Act) 2009 (a) disclosing this information would place Hunter Water and the Contractor at a disadvantage in negotiations with other contractors or potential contractors and will prejudice the business, commercial and financial interests of the Contractor; (b) disclosure would provide visibility on the amount and apportionment of risk and consequences assumed by the Contractor and Hunter Water. Clauses 52.1.5, 52.2.6 –contact details Information that is of such a nature that its Hunter Water weighed the competing public interest inclusion in a record would result in there being considerations and determined there was an an overriding public interest against disclosure of overriding public interest against disclosure of this the record. information because disclosure would reveal and individual’s personal information whose identity is apparent or can reasonably be ascertained from the information. Schedule 1, Tables 1A.1& 1B.1 – location and Information that is of such a nature that its Hunter Water weighed the competing public interest facility boundaries of water treatment facilities and inclusion in a record would result in there being considerations and determined there was an location of wastewater treatment facilities an overriding public interest against disclosure of overriding public interest against disclosure of this the record. information