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Confidential Item Register

Release of Confidential Items

Section 90 of the Local Government Act 1999 details the provisions for when a Council or Committee may order that the public be excluded from attendance at a meeting for the purposes of receiving, discussing or considering in confidence information relevant to section 90(3) of the Act. The Council or Committee may also order that some or all of the documents associated with the item also be kept confidential. In the event that this occurs, the Council or Committee must also specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed.

In some instances, the Council or Committee may delegate the power to revoke the order to an employee of the Council (such as the Chief Executive). In any event, in accordance with section 91(9) of the Local Government Act 1999, any order that operates for a period exceeding 12 months must be reviewed at least once in every year. The Confidential Items Register was last reviewed by Council on 12 November 2012.

Reasons for making a Confidential Order

Section of the Local Government Act 1999

Section 90(3)(a) ... information which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead)

Section 90(3)(b) ... expected to give a commercial advantage to a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council and would be contrary to the public interest

Section 90(3)(c) ... would reveal a trade secret

Section 90(3)(d) ... commercial information of a confidential nature (not being a trade secret) the disclosure of which -
(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to give a commercial advantage to a third party; and
(ii) would be contrary to the public interest;

Section 90(3)(e) ... matters affecting the security of the council, members or employees of the council, or council property, or the safety of any person

Section 90(3)(f) ... prejudice the maintenance of the law, including by affecting (or potentially affecting) the prevention, detection or investigation of criminal offence, or the right to a fair trial

Section 90(3)(g) ... not breach any law, order, or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty

Section 90(3)(h) ... legal advice

Section 90(3)(i) ... information relating to actual litigation, or litigation that the council or council committee believe on reasonable grounds will take place, involving the council or an employee of the council

Section 90(3)(j) ...would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the Council) and would be contrary to the public interest

Section 90(3)(k) ... tenders for the supply of goods, the provision of services or the carrying out of works

Section 90(3)(m) ... information relating to a proposed amendment to a Development Plan under the Development Act 1993 before a Development Plan Amendment proposal relating to the amendment is released for public consultation under that Act

Section 90(3)(n) ... information relevant to the review of a determination of council under the Freedom of Information Act 1991.

Section of the Development Act 1993

Section 56A(12)... information relating to actual litigation

Confidential Orders Released in 2012/2013

Council / Committee	Date of Report & Item Number	Title	Reason for being held in Confidence	Reason for revocation of Confidential Order
Council	CL 12/06/2012 13.6	Digital Economy Strategy Project Update	90(3)(j)	RELEASED Announcement made by Senator Stephen Conroy, Minister for Broadband, Communications and Digital Economy.
Audit	AUD 4/7/2011 9.1	Internal Audit Report - Cash Handling	90(3)e	RELEASED Date trigger occured, for release in 12 months.
Council	CL 10/04/2012 13.3	District Court Action - Gibson Claim	90(3)(i)	RELEASED Matter resolved in the District Court.
Strategic Development	SD 15/10/2012 9.2	Heritage Development Plan Amendment - Update	90(3)(m)	RELEASED Item to be kept confidential until Interim Operation is granted by the Minister for Planning and all properties affected have been notified.
Council	CL 22/10/2012 13.7	Adelaide Arena Proposals	90(3)(b) and (d)	RELEASED Item released due to the sale of the Adelaide Arena.
Council	CL 10/12/2012 13.10	Australia Day Awards 2013	90(3)(b) (ii)	RELEASED Winners were announced at the City of Charles Sturt Citizenship Ceremony on 25 January 2013.
Council	CL 14/11/2011 13.10	Legal advice on Council involvement in defending the decision of the Development Assessment Panel (in the ERD Court appeal) in respect to the SAJC proposed new facility on Cheltenham Parade	90(3)h&i	RELEASED Matter has been resolved with the ERD Court.
Council	CL 14/11/2011 13.9	Legal advice on licensed gaming facility at Cheltenham	90(3)h&i	Minutes, Report and Appendix B RELEASED only. Appendix A remain in confidence for 12 months from the last review of Confidential Orders or until the matter is resolved, whichever is the sooner.
Audit	AU 13/02/2013 9.1	Appointment of Second Independent Member on the Audit Committee	90(3)(a)	RELEASED
Council	CL 12/03/2013 12.2	Consideration of Future Freeman of the City	90(3)(a)	The report, appendix A only and minutes of this item be kept confidential until either the award is bestowed or for a period of 12 months. Appendix B and C are public.
Council	CL 26/11/2012 13.9	Nominations for the John Legoe Award	90(3)(a)	RELEASED John Legoe Award 2013 was announced.
Council	CL 10/10/2011 13.7	Legal Advice on Licenced Gaming Facility at Cheltenham Racecourse	90(3)(h)	Appendices D & E RELEASED. For 12 months from the last review of Confidential Orders or until the matter is resolved, whichever is the sooner. (Note: Confidential Orders were last reviewed by Council on 12 November 2012)
Council	CL 25/03/2013 12.3	Woodville Oval Naming Rights	90(3)(i)	RELEASED Announcement has been made public of the naming rights by the Woodville West Torrens Football Club
Council	CL 8/04/2013 12.4	Update on SAJC Licensed Facility and Possible Options for Action	90(3)(d)	Item was deferred to 22 April 2013 Council Meeting and considered in Public as item 6.67.
City Development Committee	CD 3/11/2008 9.1	Heritage Development Plan Amendment	90(3)(m)	RELEASED Interim operation has started.
City Development	CD 2/11/2009 9.1	Heritage Development Plan amendment	90(3)(m)	RELEASED Interim operation has started.
City Development Committee	CD 2/08/2010 9.1	Heritage Development Plan	90 (3)(m)	RELEASED Interim operation has started.
City Services & Strategic Development	CSSD 15/3/2011 9.1	Draft Heritage Development Plan Amendment ‐ Amendments	90(3)m	RELEASED Interim operation has started.
Council	CL 11/4/2011 13.3	Draft Heritage Development Plan Amendment ‐ Amendments	90(3)m	RELEASED Interim operation has started.
Strategic Development	SD 19/11/2012 9.3	Heritage Development Plan Amendment - Update	90(3)(m)	RELEASED Interim operation has started.

Confidential Orders Remaining in Confidence

Council / Committee	Date of Report & Item Number	Title	Reason for being held in Confidence	Date or trigger event for release
Council	CL 27/06/05 15.14	Review of Rental Rebate for Use of 487 (Lot 942) Esplanade, Henley Beach	90(3)(g)	Appendices to the report remain confidential for the balance of the term of the lease. (Note: The lease is still current)
Council	CL 14/11/05 15.18	Legal Advice, Ray Street Findon - Remediation and Housing Project	90(3)(h)	To be released on completion of the project (Note: Project is not complete) Minutes only RELEASED.
Finance & Corporate Policy	FCP 16/02/2009 9.1	Non-payment of Rates - Sale of Properties	90(3)(a)	Until properties sold or arrears paid in full. (Note: Legal proceedings still underway.)
Council	CL 10/10/2011 13.7	Legal Advice on Licenced Gaming Facility at Cheltenham Racecourse	90(3)(h)	For 12 months from the last review of Confidential Orders or until the matter is resolved, whichever is the sooner. Appendices D & E RELEASED. (Note: Confidential Orders were last reviewed by Council on 12 November 2012)
Council	CL 14/11/2011 13.9	Legal advice on licensed gaming facility at Cheltenham	90(3)h&i	For 12 months from the last review of Confidential Orders or until the matter is resolved, whichever is the sooner. Minutes and Appendix B were released. (Note: Confidential Orders were last reviewed by Council on 12 November 2012)
Council	CL 23/01/2012 13.1	Waste Care SA Purchase of Land	90(3)d	Until a decision has been made by Adelaide City Council regarding Lot 25 Wingfield
Council	CL 27/02/2012 13.2	Water Proofing the West - Client Water Pricing	90(3)d	Item to be kept confidential and not available to the public from the date of this confidentiality order until after the formal signing of the Recycled Water Service Agreement.
Council	CL 22/10/2012 13.8	Feasibility Study on Purchase of Land for Open Space	90(3)(b) and (d)	Item to be kept confidential until negotiations have been completed.
Asset Management	AM 19/11/2012 9.01	Feasibility Study on Purchase of Land for Open Space	90(3)(b) and (d)	Item to be kept confidential until a decision to proceed has been made and if so until the contract is in place.
Council	CL 11/02/2013 12.1	CEO Performance Review Program 2012/2013 and 2013/2014	90(3)(a)	Item be kept confidential until the Council has completed the CEO Performance Review process for 2012/13. Minutes only RELEASED.
Council	CL 12/03/2013 12.2	Consideration of Future Freeman of the City	90(3)(a)	The report, appendix A only and minutes of this item be kept confidential until either the award is bestowed or for a period of 12 months. Appendix B and C are public.
Council	CL 22/04/2013 12.5	Possible Acquisition of Property	90(3)(b)	The report, Appendices and the minutes of this item be kept confidential until such time as the sale of the property is settled.

Confidential Item Register

Release of Confidential Items

Reasons for making a Confidential Order

Confidential Orders Released in 2012/2013

Confidential Orders Remaining in Confidence

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