CONFIDENTIALITY and CONFLICT of INTEREST DECLARATION
This declaration acknowledges my obligations to maintain appropriate confidentiality about information acquired by me in the performance of my duties as a [Interlock Installer and/or Service Provider] in relation to the Mandatory Alcohol Interlock Program (“the Program”) for the Crown in right of Tasmania (“the State”).
A. In this declaration: “information” includes anything capable of being known and communicated to another person. “confidential information” includes: (i) each and every item, part and component of that information; and (ii) any copy (in whatever form) of confidential information, including any form in which such information is recorded or stored, whether or not it is the same form in which it was first conveyed to or came into my possession.
B. In this declaration, information is confidential if it is gained while carrying out my abovementioned duties, and: (i) it is marked “Commercial in Confidence”, “confidential” or “strictly confidential” or conveyed with a statement by the person conveying it, that it is secret or conveyed in confidence; or (ii) is known to be confidential; or (iii) if the State might reasonably consider that the disclosure of the information to, or the use of the information by or in the interests of, any person other than itself (whether a particular person or other persons generally) would affect or prejudice its commercial or financial interests.
C. Information is not confidential information for the purposes of this declaration if: (i) it is provided to or obtained by me in the public domain through having been published or otherwise made available to the public; (ii) it becomes available to the public after the date on which it is provided to me, unless it becomes available through any breach by me of my obligations, whether those obligations arise under this declaration, the Act, at common law, or in any other way; (iii) it was known to me as at the date of this declaration and was not derived either directly or indirectly from the State; (iv) it is or may be confidential under clause B and the State, following written enquiry by me, either: a) has confirmed in writing that the information is not confidential information; or b) has not responded in writing within a reasonable time; (v) an Order of a court of competent jurisdiction requires it to be disclosed; (vi) a law requires it to be disclosed; or (vii) it is disclosed for the purposes of a dispute or difference between me and the State to obtain advice from professional advisers in connection with the dispute or difference.
I DECLARE THAT:
1. I will not without the written approval of the State make public or disclose any confidential information.
2. I warrant that, to the best of my knowledge and belief, after due enquiry as at the date of this declaration, that neither I, nor any member of my immediate family, have any duties or interests that create or might reasonably be anticipated to create, conflict with my duties and interests in performing my duties for the Program, except those disclosed in writing to the State before I signed this declaration.
3. If an existing duty or interest develops in a way that could not reasonably have been anticipated, so that duty or interest creates, or might reasonably be anticipated to create, conflict with my duties and interests in performing my duties for the Program, then I will consult with the State to endeavour to devise arrangements so that I can meet that potentially conflicting duty or interest in a way which does not involve the use of knowledge or information gained through my duties for the Program, to prejudice the interests of the State or a Participant in the Program.
4. This declaration is governed by the law for the time being in force in the State of Tasmania.
In the presence of: