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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. There are no items being held in confidence from earlier than 2013.  The Confidential Items Register was last reviewed by Council on 27 April 2015. The next review will occur in August 2015.

 

Items Remaining in Confidence 2015

 

Council / Committee Date

 

Item No.

Subject

Section No.

Reason Still in Confidence

Asset Management

19/08/2013

9.02

Etna Avenue Cheltenham – Footpath Encroachment

90(3)(b)

Until the negotiation on the purchase the land on which the footpath encroaches have been completed

Strategic Development

19/08/2013

9.4

Local Heritage Review Update – Nominations For Local Heritage

90(3)(m)

Until the release of a subsequent Local Heritage Development Plan Amendment for statutory consultation under interim operation has been granted

Strategic Development

16/12/2013

9.5

Local Heritage Review update – Second Round of Nominations for Consideration of Local Heritage Listing

90(3)(m)

Until the release of a subsequent Heritage Development Plan Amendment for statutory consultation under interim operation has been granted.

Strategic Development Committee

16/06/2014

9.1

Local Heritage Places and Heritage Policies Review-Information Report

90(3)(m)

Until Interim Operation is granted by the Minister for Planning for a Heritage DPA and all properties affected by the Heritage DPA have been directly notified as part of the Heritage DPA statutory consultation process.

Strategic Development Committee

21/07/2014

9.2

Local Heritage Places and Heritage Policies Review

90(3) (m)

That the report, Appendices and minutes of this item be kept confidential until such time as Interim Operation is granted by the Minister for Planning for a Heritage DPA and all properties affected by the Heritage DPA have been directly notified as part of the Heritage DPA statutory consultation process.

Asset Management Committee

21/07/2014

9.03

Strategic Land Purchase

90(3)(b)

That the report Appendices and minutes of this item be kept confidential until such time as the property is settled.

Council

23/02/2015

12.2

Bowden Brompton Community Centre

90(3)(d)

That the report, Appendices and the minutes of this item be kept confidential until a final decision has been made in relation to the proposal from the Bowden Brompton Community Group Incorporated.

Audit

30/03/2015

 8.1

 External & Internal Audit Contracts

 90(3) (k)

That appointment of Council’s External and Internal Auditors be kept confidential until such times as the contracts have been awarded.

Corporate Services Committee

4/05/2015

 8.1

 ACCC Authorisations

 90(3)

 That ACCC Authorisation be kept confidential until the matter is resolved in regards to ACCC Authorisation.

Council Meeting 

24/08/2015

11.5

 Woodville Town Hall Roof Claim 

 90 (2) The Report, Appendices and the minutes of this item be kept confidential until such time as the claim for damages by Council has been finalised and all legal recourses have been exhausted.

 

Confidential Orders Made In 2015

Meeting and Date

Agenda No.

Subject

Section Number

Reason

Status

Reviewed 

Council

23/02/2015

12.1

CEO Performance Review 2014-15

90(3) (a)

That this report and the minutes of this item be kept confidential until the Council has determined the commencement time of the CEO Performance Review process for 2014/15.

 

Report, minutes and appendices are released

CEO Performance Review Report Item 12.1 cl15/02/23(598 kb) CEO Performance Review Report Item 12.1 Appendix A cl15/02/23(601 kb) CEO Performance Review Report Item 12.1Minutes cl15/02/23m(479 kb)

Council has determined the commencement time of the CEO Performance Review process for 2014/15.

Council

23/02/2015

12.2

Bowden Brompton Community Centre

 

90(3)(d)

That the report, Appendices and the minutes of this item be kept confidential until a final decision has been made in relation to the proposal from the Bowden Brompton Community Group Incorporated.

 

Remains in confidence

 27/04/2015

 Council

10/03/2015

 12.3

 Strategic Property Purchase

 90(2)

That the report, appendices and Minutes be kept confidential until such time as the property is settled.

 Released

 27/04/2015

 Audit

30/03/2015

Council

27/04/2015

 

 8.1

 External & Internal Audit Contracts

 90(3)

That appointment of Council’s External and Internal Auditors having been considered in confidence pursuant to section 90 (3) of the Local Government Act 1999, the Council hereby orders, in accordance with section 91(7) of the Local Government Act 1999 that the report , Appendices and the Minutes to this item be kept confidential until such times as the contracts have been awarded.

Report, minutes and appendices are released

Audit Committee Minutes aud15-04-30m(139 kb)

Council Confidential Minutes cl15-04-27m(502 kb)

Audit Committee Report Item 8.1 Aud15-04-30(1079 kb)

 

Corporate Services Committee

04/05/2015

 8.1

 ACCC Authorisations

 90(3)

 That ACCC Authorisation having been considered in confidence pursuant to section 90(3) (b) and (g) of the Local Government Act 1999, the Council hereby orders, in accordance with Section 91(7) of the Local Government Act 1999 that the report, Appendices and/or the minutes of this item be kept confidential until the matter is resolved in regards to ACCC Authorisation.

 Remains in confidence

 

 

Council

22/06/2015

 11.4

 Brebner Drive – sale and road closure process

 90(2)

 That 11.4 BREBNER DRIVE – SALE AND ROAD CLOSURE PROCESS having been considered in confidence pursuant to section 90(3) d of the Local Government Act 1999, the Council hereby orders, in accordance with Section 91(7) of the Local Government Act 1999 that Appendix D be kept confidential for until the transfer of the road has been finalised.

Report and appendices are released. 

Brebner Drive Realignment Report and Appendices(3843 kb ) 

Council Minutes cl15/06/22m

 

Council Meeting 

24/08/2015

 11.5    Woodville Town Hall Roof Claim    90 (2)  The Report, Appendices and the minutes of this item be kept confidential until such time as the claim for damages by Council has been finalised and all legal recourses have been exhausted.    

 

 

 

Confidential Orders Made In 2014

 

 

Meeting and Date

Agenda No.

Subject

Section Number

Reason

Status

Reviewed 

COUNCIL CONFIDENTIAL REPORT for Strategic Development Committee

 

28/01/2014

 

 

13.1

9.5

Local heritage review update – second round of nominations for consideration of local heritage listing

 

90(3)(m)

 

the report, appendices and minutes of this item be kept confidential until the release of a subsequent Heritage Development Plan Amendment for statutory consultation under interim operation has been granted.

 

Report, Appendices and Minutes remain in confidence

 

27/04/2015

Asset Management Committee

 17/02/2014

 Council 

24/02/2014

 

9.1

 

 

24 – 30 Murray Street Albert Park - Purchase of Land Negotiation Update

 

90(3)(b)

That the report and Appendices of this item be kept confidential until such time as Council resolves not to pursue the property purchase further or the sale of the property is settled.

 

Report and Appendices have been released

24 – 30 Murray Street Albert Park - Purchase of Land Negotiation Update

 

Council Resolution of 26/05/14 - Item 6.68

 

Council

 

24/03/2014

 

12.1

 

New Direction for Waste Care SA

 

90(3) (b)

 

That the report, Appendices and the minutes of this item be kept confidential until such time as the sale of the Transfer Station facility has been finalised.

 

Report and Appendices have been released

 Upcoming Waste Contracts - Strategic Direction

Council resolution of 27/04/2015- Item 6.70

 

Asset Management Committee

 

22/04/2014

 

9.2

 

 

24 – 30 Murray Street Albert Park - Purchase of Land Negotiation Update

90(3)(b)

 

That the report, Appendices and the minutes of this item be kept confidential until such time as Council resolves not to pursue the property purchase further or the sale of the property is settled

 

Report and Appendices have been released

24 – 30 Murray Street Albert Park - Purchase of Land Negotiation Update

 

Minutes released 12/05/2014 by Council. Report and Appendices released 26/05/14 by Council (Item 6.68) with redaction of references to potential property purchases in the Report and Appendix B and C

 

COUNCIL CONFIDENTIAL REPORT for Asset Management Committee

 

28/04/2014 deferred to 12/05/2014

 

13.
9.2

 

24 – 30 Murray Street Albert Park - Purchase of Land Negotiation Update

 

90(3)(b)

 

That the report, Appendices and the minutes of this item be kept confidential until such time as Council resolves not to pursue the property purchase further or the sale of the property is settled

 

Report and Appendices have been released

 

Minutes released 12/05/2014 by Council. Report and Appendices released 26/05/14 by Council (Item 6.68) with redaction of references to potential property purchases in the Report and Appendix B and C

 

Council

 

28/04/2014 deferred to 12/05/2014

 

12.2

 

CEO PERFORMANCE REVIEW 2013/14 AND 2014/15

 

90(3)(a)

 

That this report, and Appendix A and the minutes of this item be kept confidential until the proposed CEO Performance Plan for 2014/15 is endorsed and the contract of employment documents are updated and signed by the Mayor and CEO

 

Report, appendices and minutes are released.

 
CEO Performance Review 2013/14 and 2014/15

 

Minutes, Report and Appendices released as CEO has signed all the paperwork

 

Council

 

10/06/2014, adjourned to 23/06/2014

 

12.3

 

Complaint Made on behalf of Ms Anne Marie Gibson

 

90(3)(i)

 

No recommendation for item to be kept confidential

 

 

Report released.

Council did not resolve for the item to have a Confidential order placed on it.

 

Strategic Development Committee

16/06/2014

 

 

9.1

 

Local Heritage Places and Heritage Policies Review-Information Report

 

90(3) (m)

 

That the report, Appendices and minutes of this item be kept confidential until such time as Interim Operation is granted by the Minister for Planning for a Heritage DPA and all properties affected by the Heritage DPA have been directly notified as part of the Heritage DPA statutory consultation process. 

 

Report, appendices and minutes are released.

 

27/04/2015

COUNCIL CONFIDENTIAL REPORT for Strategic Development Committee

 

 

23/06/2014, adjourned to 14/7/14

 

13.

9.1

 

 

Local Heritage Places and Heritage Policies Review-Information Report

 

 

 

90(3) (m)

 

That the report, Appendices and minutes of this item be kept confidential until such time as Interim Operation is granted by the Minister for Planning for a Heritage DPA and all properties affected by the Heritage DPA have been directly notified as part of the Heritage DPA statutory consultation process. 

 

Report, appendices and minutes are released.

 

 

Council

 

23/06/2014

 

 

12.4

 

Food Act Breaches – Legal Enforcement Action 

 

90(3)(f)

 

That the report, Appendices and/or the minutes of this item be kept confidential until the current prosecution has been finalised.

 

Report, appendices and minutes are released.

 

 

Strategic Development Committee

 

21/07/2014

 

9.2

 

Local Heritage Places and Heritage Policies Review

 

90(3) (m)

 

That the report, Appendices and minutes of this item be kept confidential until such time as Interim Operation is granted by the Minister for Planning for a Heritage DPA and all properties affected by the Heritage DPA have been directly notified as part of the Heritage DPA statutory consultation process. 

 

Report, Appendices and Minutes remain in confidence

 

27/04/2015

COUNCIL CONFIDENTIAL REPORT for Strategic Development Committee

 

28/07/2014

 

9.2

 

Local Heritage Places and Heritage Policies Review

 

90(3) (m)

 

That the report, Appendices and minutes of this item be kept confidential until such time as Interim Operation is granted by the Minister for Planning for a Heritage DPA and all properties affected by the Heritage DPA have been directly notified as part of the Heritage DPA statutory consultation process. 

 

Report, Appendices and Minutes remain in confidence

 

27/04/2015

Asset Management Committee

 

21/07/2014

 

9.03

Strategic Land Purchase

90(3)(b)

That the report Appendices and minutes of this item be kept confidential until such time as the property is settled.

 

Report, Appendices and Minutes remain in confidence

 

27/04/2015

COUNCIL CONFIDENTIAL REPORT for Asset Management Committee

 

28/07/2014

 

9.03

 

Strategic Land Purchase

90(3)(b)

That the report Appendices and minutes of this item be kept confidential until such time as the property is settled.

Report, Appendices and Minutes remain in confidence

 

27/04/2015

Council

 

11/08/2014

 

12.5

Expression of Interest for Lease Opportunity 65 Woodville Road Woodville

90(3)(d)

That the report, appendices and/or the minutes of this item be kept confidential until the lessee has taken occupation of the building or at a time agreed with the lessee.

Report, Appendices and Minutes have been released.

 

 Expression of Interest for Lease Opportunity 65 Woodville Road

Development approval has been granted, the lease has been signed and work has commenced on the redevelopment.

Council

 

25/08/2014

12.6

Upcoming Waste Contracts - Strategic Direction

90(3)(k)

That the report, Appendices and the minutes of this item be kept confidential until the Waste Disposal Contract is signed.

Report, Appendices and Minutes have been released.

 

 

 

Confidential Orders Made In 2013

 

Meeting and Date

Item Number

Subject

Section No

Reason for Confidential Order

Status

Reviewed

Council

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 released - 11/02/2013

 

Audit Committee

13/02/2013

Council

25/02/2013

9.1

Appointment of Second Independent Member on the Audit Committee

90(3)(a)

Item to be kept confidential until Council has endorsed the appointment of the Second Independent Member on the Audit Committee and the Candidate has accepted that appointment

Committee considered item under 90(2). Then the Motion was made public at Council 25 February 2013.
Report and Minutes released 7/03/2013

 

Council

12/03/2013

12.2

Consideration of Future Freeman of the City

90(3)(a)

the report, appendix A 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 never in confidence

RELEASED - Award being bestowed 12/07/2013 - released at Council 8/07/2013

 

Council

25/03/2013

12.3

Woodville Oval Naming Rights

90(3)(d)

the report, Appendices and/or the minutes of this item be kept confidential until the an announcement has been made public of the naming rights by the Woodville West Torrens Football Club

Released full report and minutes on 30/04/2013

 

 

Council

8/04/2013

*12.4 Report deferred, then considered in public as Item 6.67

Update on SAJC Licensed Facility and Possible Options for Action

90(3)(i)

the Report and Appendices of this item be kept confidential until the licensing for liquor or gaming associated with the new SAJC facility at St Clair is resolved

 Item was deferred to 22 April 2013 Council Meeting and considered in public under Item 6.67 - Did not go up as a confidential  item. Not considered under 90(2).

 

Council

22/04/2013

12.5

Possible Acquisition of Property (43 Aberfeldy Avenue, Woodville)

90(3)(b)

That the Report and appendices be kept confidential until such time as the property is settled

Released 24/5/2013 - settlement went through. 

 

Asset Management

20/05/2013

9.1

UPDATE: FEASIBILITY STUDY ON PURCHASE OF LAND FOR OPEN SPACE

90(3)(b)

That the Report and appendices and minutes be kept confidential until such time as the sale of the property is settled

Released

 

COUNCIL CONFIDENTIAL REPORT for Asset Management Committee

20/05/2013

9.1

UPDATE: FEASIBILITY STUDY ON PURCHASE OF LAND FOR OPEN SPACE

90(3)(b)

That the Report and appendices and minutes be kept confidential until such time as the sale of the property is settled

Released

 

Council

27/05/2013

12.6

Provisional report from the Ombudsman re breach of Local Govt Act Investigation

90(3)(j)

The report, appendices and the minutes of this item be kept confidential until the report has been finalised and is made available to Council.

 

RELEASED - Final report went to Council 8/07/2013

 

Council

11/06/2013

12.7

CONSIDERATION OF Future Freeman of the City 

90(3)(a)

the report, appendix A and the minutes of this item be kept confidential until either the award is bestowed or for a period of 12 months

Released - 24/06/2013. Council did not award the Award and did not resolve for the item to have a Confidential order placed on it.

Item considered under 90(2). Council did not resolve to bestow the Award and did not resolve for the item to have a Confidential order placed on it.

 

Council

8/07/2013

12.8

HENLEY SQUARE URBAN DESIGN COMPETITION

90(3)(b)

the report and Appendices of this item be kept confidential until a design services contract has been executed by both parties

RELEASED

RELEASED 8 August 2013 - Trigger met.

 

Council

22/07/2013

12.9

CEO Performance Review 2012/2013

90(3)(a)

the report and minutes  of the CEO Performance Review 2012/2013 be kept confidential until the a new contract has been signed by the CEO and Mayor.

 

RELEASED

 

Asset Management

19/08/2013

 

Council

26/08/2015

9.02

ETNA AVENUE CHELTENHAM – FOOTPATH ENCROACHMENT

90(3)(b)

the report, appendices  and minutes of this item be kept confidential until the negotiation on the purchase the land on which the footpath encroaches have been completed

Remains in Confidence

 

 

Strategic Development

19/08/2013

 

Council

27/08/2015

9.4

LOCAL HERITAGE REVIEW UPDATE – NOMINATIONS FOR LOCAL HERITAGE

90(3)(m)

the report and Appendix of this item be kept confidential until the release of a subsequent Local Heritage Development Plan Amendment for statutory consultation under interim operation has been granted

Remains in Confidence

 

 

Asset Management

16/09/2013

Council

23/09/2013

9.3

24-30 Murray Street, Albert Park – request to undertake initial negotiations for the purchase of the land

90(3)(b)

the report, appendices and minutes of this item be kept confidential until such time as the sale of the property is settled, or Council resolves to no longer acquire the property.

RELEASED

Council Resolution of 26/05/14 - Item 6.68

 

Council

9/12/2013

12.10

Possible Aquistion 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. 

RELEASED 20/1/2015                           

Minutes, Report and Appendices released as trigger has been met   

 

Strategic Development

16/12/2013

9.5

Local Heritage Review update – Second Round of Nominations for Consideration of Local Heritage Listing

90(3)(m)

the report, appendices and minutes of this item be kept confidential until the release of a subsequent Heritage Development Plan Amendment for statutory consultation under interim operation has been granted.

Remains in Confidence

 

 

 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 
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