HSV Confidentiality Deed and Declaration

Confidentiality undertaking

I hereby acknowledge and agree that:

  1. In my position as a member of the HPV Reference Group, I will, or may, be making use of, acquiring or adding to information about certain matters and things which are confidential to HPV and which information is the exclusive property of HPV.
  2. I will keep all Confidential Information (as defined below) confidential regardless of whether it was provided to me before or after the date of this Deed and irrespective of the manner in which it was provided to me.
  3. Confidential Information will remain the exclusive property of HPV and will only be used and disclosed by me for the Permitted Purpose (as defined below) or as otherwise permitted by this Deed.
  4. I will not use the Confidential Information for any purpose that might be directly or indirectly detrimental to HPV or any third party engaged by HPV in connection with the Permitted Purpose.
  5. Where authorised by HPV in writing, I may disclose Confidential Information to a third party providing that:
    • (a) I have informed such personnel of the confidential nature of the Confidential Information;
    • (b) such personnel agree to be legally bound by the same obligations of confidentiality as are required of me under this Deed (Confidentiality Obligations); and
    • (c) I will take all necessary steps to ensure that the Confidentiality Obligations are not violated by such personnel.
  6. I may disclose Confidential Information to the extent required by law but before making any such disclosure I will notify HPV and take whatever steps are required by HPV (and at HPV’s expense) to resist or limit such disclosure.
  7. I will comply with the Code of Conduct for Victorian Public Sector Employees, its spirit and intent; including (but not limited to) specifically:
    • (a) understanding the importance of confidentiality. Confidential Information requires special treatment and protection. Those people who provide Confidential Information to public sector employees have the right to expect this information will be treated as confidential. Public sector employees with access to Confidential Information must ensure it remains confidential, and at all times act in accordance with legislation and policies relating to dealing with Confidential Information;
    • (b) understanding that public sector employees receive and manage information in such a manner that its confidentiality must be maintained and that it will not be used for personal advantage or to advantage a prospective employer or business, or disadvantage the public sector agency including health services.

Confidential information

I understand ‘Confidential Information' means all information (written or oral) provided to the Reference Group Member or otherwise acquired by the Reference Group Member in the course of the engagement with the HPV Reference Group including:

  • (a) all data and information relating to the business and management of HPV (including tender information and information provided by tenderers in response to a tender);
  • (b) any information concerning procurement activities and assessments of HPV;
  • (c) any information which adds to, or builds on, the knowledge or information already held by the Reference Group Member; and
  • (d) any information that has been disclosed by a third party to HPV and is protected by non-disclosure obligations entered into between the third party and HPV.

I understand Confidential Information does not include the following information:

  • (a) Information that is generally known in the health care industry about HPV;
  • (b) Information that is now or subsequently becomes generally available to the public through no wrongful act of the Reference Group Member; and
  • (c) Information that the Reference Group Member rightfully had in their possession prior to receiving the Confidential Information from HPV, the burden being on the Reference Group Member to establish this through documentation.

Permitted purpose

I understand that I am authorised to use and disclose information in accordance with the Reference Group Charter (HPV052), specifically relating to the applicable Reference Group stated Purpose (for either an Executive Reference Group, Product / Service Reference Group, or a Contract Management Group). I am only authorised to use or disclose the Confidetnial Information to the extent necessary to fulfil the Purpose.

Furthermore, I understand that should I need to communicate Confidential Information outside the scope of the Reference Group stated Purpose, I must seek written authorisation from HPV before making any disclosure.

For example: I may be required to consult with colleagues about a product or service in order to contribute to the Reference Group (the Permitted Purpose). However, in doing so I should not disclose any more information than is necessary to fulfil the Pemitted Purpose. Hence, I should not disclose price information or the identity of suppliers.