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Information which is communicated to the AusNCP by a party to a complaint (including parties to the submission, the enterprise concerned, and other parties with whom the AusNCP consults) will be treated confidentially by the AusNCP. The information provided by each party may be communicated to any other party during the process of an assessment, but only with the prior consent of the party who provided the information. If such information is provided, it will be on the condition that it is kept confidential for the period of the assessment.

Parties should be aware that information and documents provided to the AusNCP will be subject to the operation of the Freedom of Information Act 1982, and could be released to an applicant under that Act, unless it was exempt from production. Parties should also be aware that the Commonwealth Parliament can seek the production of information and documents from the AusNCP.

Generally, the AusNCP will not identify the parties to any specific instance complaint until a final statement closing the matter is made. The AusNCP may then consider it appropriate to identify the parties to the complaint.