Non-Disclosure and Confidentiality Agreements
Dear Australian National University,
Under the Freedom of Information Act 1982 (Cth), I request access to the following documents:
All non-disclosure agreements and confidentiality agreements between the Australian National University and external parties from December 1, 2024 to present.
This includes:
1. Stand-alone non-disclosure agreements
2. Confidentiality agreements
3. Secrecy agreements
4. Any separate confidentiality documentation signed in conjunction with service contracts
Documents requested:
• The agreements themselves
• Parties to each agreement
• Date of execution
• Duration of confidentiality obligations
• Scope of information covered
Scope Discussion:
If this request would capture a large volume of documents, I am willing to discuss narrowing the scope or prioritising certain categories of agreements to ensure reasonable processing requirements.
Public Interest:
This request relates to transparency during the current TEQSA investigation into ANU governance practices.
If clarification is needed, please contact me within the statutory timeframe.
Yours faithfully,
Jessie Brown
Good afternoon
On 20 July 2025, the Australian National University (the University)
received your request for access to documents under the Freedom of
Information Act 1982 (the FOI Act).
The University has taken your request to be as follows:
‘I request access to the following documents:
All non-disclosure agreements and confidentiality agreements between the
Australian National University and external parties from December 1, 2024
to present.
This includes:
1. Stand-alone non-disclosure agreements
2. Confidentiality agreements
3. Secrecy agreements
4. Any separate confidentiality documentation signed in
conjunction with service contracts
Documents requested:
• The agreements themselves
• Parties to each agreement
• Date of execution
• Duration of confidentiality obligations
• Scope of information covered’
Your request has been assigned the case number 202500158.
Processing Timeframe
The statutory time frame for processing your request is 30 calendar days
from day after the date your request was received by the University. You
should therefore expect a decision from us by 19 August 2025.
This period of 30 days may be extended if we need to consult third
parties, impose a charge or for other reasons. We will advise you in
writing if this happens.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact. If you have
any questions regarding your request, please feel free to contact the FOI
Team via the functional email [1][ANU request email].
The FOI Team’s workload is currently at very high levels due the
unprecedented volume of FOI requests.
We are using our best endeavors to process all requests expeditiously
however there may be some slippage due to the current workload. We will
keep in touch with you and advise if there are any significant delays,
and, will, if necessary, seek extensions as permitted by the Act.
Yours sincerely,
FOI Team
University Governance Office
The Australian National University
Email: [2][ANU request email]
Web: [3]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
Visible links
1. mailto:[ANU request email]
2. mailto:[ANU request email]
mailto:[ANU request email]
3. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Dear Jessie Brown,
Your Freedom of Information Request, outlined below, has been received by
the University and allocated case number FOI 202500159.
I note that this request appears to be a duplicate of a previous request,
allocated case number FOI 202500158 and acknowledged today, 28 July 2025.
Acknowledgement is attached for reference.
I would be grateful if you could review the two requests and advise if you
agree that, 202500159 is a duplicate of 202500158.
On that basis, please advise if you are happy to withdraw FOI 202500159.
Your earliest advice would be appreciated.
Kind regards
FOI Team
University Governance Office
The Australian National University
Email: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
Good afternoon,
Please find attached, correspondence regarding your request
Kind regards
FOI Team
University Governance Office
The Australian National University
Email: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
References
Visible links
1. mailto:[ANU request email]
mailto:[ANU request email]
2. https://www.anu.edu.au/freedom-of-inform...
https://www.anu.edu.au/freedom-of-inform...
Dear Freedom of Information,
I would like to clarify the scope of my request. I request all non-disclosure agreements relating to contracts entered into by the ANU in 2025 relating to any procurement or provision of external services that was exempt from tender. As this is a finite list of agreements, there should be no problem with the scope of the request.
Yours sincerely,
Jessie Brown
Dear Jessie Brown
Thank you for your email.
However, the change in scope does not sufficiently clarify the request to
enable us to undertake proper searches. A search of "all correspondence",
even when limited to a particular, albeit common document does not provide
clear search terms, such that the process of undertaking such a search is
likely to amount to an unreasonable diversion of resources.
In accordance with the previous notice, you have until the 12 August 2025
to provide a further refinement of your request which will remove the
practical refusal reason.
Regards,
FOI Team
--------------------------------------------------------------------------
From: Jessie Brown <[FOI #13434 email]>
Sent: Thursday, July 31, 2025 2:37 PM
To: Freedom of Information <[ANU request email]>
Subject: Re: Freedom of Information Request 202500158- Notice of Practical
Refusal
Dear Freedom of Information,
I would like to clarify the scope of my request. I request all
non-disclosure agreements relating to contracts entered into by the ANU in
2025 relating to any procurement or provision of external services that
was exempt from tender. As this is a finite list of agreements, there
should be no problem with the scope of the request.
Yours sincerely,
Jessie Brown
Dear Freedom of Information,
The University requires a "Request for Exemption from Tender/Quote Process" form to be completed for Exemptions to tender over a certain value. For any contracts requiring an exemption to tender in 2025, I wish to request, under the Act, any Non-Disclosure agreement associated with the contract or contractor. For example, the NDA entered into with 89 Degrees Consulting as publicised in the Canberra Times; along with any other NDA concerning a contract for which an Exemption to Tender form was completed in 2025.
For the avoidance of any ambiguity:
1. See list of Exemptions to Tender forms completed in 2025.
2. See contractor name on each form.
3. Was an NDA entered into between the contractor and ANU? If yes, I request that document.
Given this is only for the period of 2025, it is time-bound and extremely specific in scope.
I note that potential embarrassment on behalf of the public entity from the release of documents is not a valid reason for withholding documentation under the FOI act.
Yours sincerely,
Jessie Brown
Dear Jessie Brown
We refer to the below email and note we have not heard from you.
As the time allowed to 12 August 20025 has now expired your request is
taken to be withdrawn,
Regards,
ANU FOI Team
From: Freedom of Information <[ANU request email]>
Sent: Monday, August 4, 2025 10:06 AM
To: Jessie Brown <[FOI #13434 email]>
Subject: Re: Freedom of Information Request 202500158- Notice of Practical
Refusal
Dear Jessie Brown
Thank you for your email.
However, the change in scope does not sufficiently clarify the request to
enable us to undertake proper searches. A search of "all correspondence",
even when limited to a particular, albeit common document does not provide
clear search terms, such that the process of undertaking such a search is
likely to amount to an unreasonable diversion of resources.
In accordance with the previous notice, you have until the 12 August 2025
to provide a further refinement of your request which will remove the
practical refusal reason.
Regards,
FOI Team
------------------------------------------------------------------------
From: Jessie Brown <[1][FOI #13434 email]>
Sent: Thursday, July 31, 2025 2:37 PM
To: Freedom of Information <[2][ANU request email]>
Subject: Re: Freedom of Information Request 202500158- Notice of Practical
Refusal
Dear Freedom of Information,
I would like to clarify the scope of my request. I request all
non-disclosure agreements relating to contracts entered into by the ANU in
2025 relating to any procurement or provision of external services that
was exempt from tender. As this is a finite list of agreements, there
should be no problem with the scope of the request.
Yours sincerely,
Jessie Brown
Dear Freedom of Information,
You have heard from me, I responded on 7 August and you failed to respond. Please fulfil this request.
Yours sincerely,
Jessie Brown
Good morning,
I refer to my previous email of 28 July 2025, outlined below, requesting
your advice on how you wish to proceed with this request.
As previously stated, this request appears to be a duplicate of FOI case
number 202500158, we seek your agreement to withdraw this request.
If no response has been received by COB 22 August 2025, and as no response
has been received to the previous email, FOI case number 202500159 will be
considered to be withdrawn.
I have again attached the acknowledgement email for 202500158 for
comparison to 202500159.
Kind regards
FOI Team
University Governance Office
The Australian National University
Email: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
From: Freedom of Information <[ANU request email]>
Sent: Monday, 28 July 2025 1:52 PM
To: Jessie Brown <[FOI #13434 email]>
Subject: RE: Freedom of Information request - Non-Disclosure and
Confidentiality Agreements
Dear Jessie Brown,
Your Freedom of Information Request, outlined below, has been received by
the University and allocated case number FOI 202500159.
I note that this request appears to be a duplicate of a previous request,
allocated case number FOI 202500158 and acknowledged today, 28 July 2025.
Acknowledgement is attached for reference.
I would be grateful if you could review the two requests and advise if you
agree that, 202500159 is a duplicate of 202500158.
On that basis, please advise if you are happy to withdraw FOI 202500159.
Your earliest advice would be appreciated.
Kind regards
FOI Team
University Governance Office
The Australian National University
Email: [3][ANU request email]
Web: [4]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
Dear Freedom of Information,
I have responded multiple times without acknowledgement. I am awaiting for your response. This is still request 158. See https://www.righttoknow.org.au/request/n...
Yours sincerely,
Jessie Brown
Dear Jessie,
We are working on a response re 202500158 and will advise you further shortly, however the below email relates to your FOI 202500159 which would seem to be a duplicate of 202500158.
No response has been received from you to the email sent on 28 July 2025 regarding 202500159.
Kind regards
ANU FOI Team
Dear Jessie Brown,
I refer to my previous emails of 28 July 2025 and 20 August 2025,
regarding your FOI case number 202500159.
In the email of 20 August 2025, you were advised that a response by 22
August 2025 was required, or you request would be considered to be
withdrawn.
As case number 202500159 appears to be a duplicate request and no further
response has been received from you, this request is now considered to be
withdrawn.
Kind regards
FOI Team
University Governance Office
The Australian National University
Email: [1][ANU request email]
Web: [2]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
From: Freedom of Information
Sent: Wednesday, 20 August 2025 8:31 AM
To: [FOI #13434 email]
Subject: FW: Freedom of Information request - Non-Disclosure and
Confidentiality Agreements
Good morning,
I refer to my previous email of 28 July 2025, outlined below, requesting
your advice on how you wish to proceed with this request.
As previously stated, this request appears to be a duplicate of FOI case
number 202500158, we seek your agreement to withdraw this request.
If no response has been received by COB 22 August 2025, and as no response
has been received to the previous email, FOI case number 202500159 will be
considered to be withdrawn.
I have again attached the acknowledgement email for 202500158 for
comparison to 202500159.
Kind regards
FOI Team
University Governance Office
The Australian National University
Email: [3][ANU request email]
Web: [4]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906
From: Freedom of Information <[5][ANU request email]>
Sent: Monday, 28 July 2025 1:52 PM
To: Jessie Brown <[6][FOI #13434 email]>
Subject: RE: Freedom of Information request - Non-Disclosure and
Confidentiality Agreements
Dear Jessie Brown,
Your Freedom of Information Request, outlined below, has been received by
the University and allocated case number FOI 202500159.
I note that this request appears to be a duplicate of a previous request,
allocated case number FOI 202500158 and acknowledged today, 28 July 2025.
Acknowledgement is attached for reference.
I would be grateful if you could review the two requests and advise if you
agree that, 202500159 is a duplicate of 202500158.
On that basis, please advise if you are happy to withdraw FOI 202500159.
Your earliest advice would be appreciated.
Kind regards
FOI Team
University Governance Office
The Australian National University
Email: [7][ANU request email]
Web: [8]https://www.anu.edu.au/freedom-of-inform...
TEQSA Provider ID: PRV12002 (Australian University) | CRICOS Provider
Code: 00120C | ABN: 52 234 063 906