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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 8 July 2013. Next review by Council will occur October 2013.

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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Confidential Orders Released in 2013/2014

 Council / Committee

Date of Report &
Item Number 

 Title

Reason for being held in Confidence 

Reason for revocation of Confidential Order

 Council

 

CL 28/04/2014 12.2

 


CEO Performance Review 2013/14 and 2014/15

 

 

90(3)(a)

RELEASED

CEO Performance Plan for 2014/15 endorsed by Council on 12 May 2014 and the contract of employment documents have been updated and signed by the Mayor and CEO.

Asset Management

AM 16/09/2013 9.3

 

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

 

90(3)(b)

RELEASED

As per Council resolution (Item 6.68 - 26 May 2014 Council Meeting)

Asset Management

AM 22/04/2014 9.02

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

90(3)(b)

RELEASED

As per Council resolution (Item 6.68 - 26 May 2014 Council Meeting - except for redaction of references to potential property purchases in the report and Appendix B and C)

Asset Management

AM 17/02/2014 9.1

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

90(3)(b)

RELEASED

As per Council resolution (Item 6.68 - 26 May 2014 Council Meeting)

Council

CL 12/03/2013 12.2

Consideration of Future Freeman of the City

90(3)(a)

RELEASED

Award bestowed 12 July 2013 

Council

CL 13/05/2013 12.6

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

90(3)(j)

RELEASED

Report finalised and made available to Council.

Council  CL 14/11/2011
13.9 
Legal advice on licensed gaming facility at Cheltenham  90(3)h&i 

RELEASED

 Council CL 10/10/2011
13.7
Legal Advice on Licenced Gaming Facility at Cheltenham Racecourse 90(3)(h)

Appendix B RELEASED (8 July 2013)Appendices D & E RELEASED (in 2012/13)

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 8 July 2013)

Council

CL 8/07/2013 12.8 

Henley Square Urban Design Competition

90(3)(b)

RELEASED

The design services contract has been executed by both parties.

Council

CL 11/02/2013
12.1

CEO Performance Review Program 2012/2013 and 2013/2014

 90(3)(a)

RELEASED

The Council has completed the CEO Performance Review process for 2012/13.

Council

CL 22/07/2013 12.9

CEO Performance Review 2012/13

90(3)(a)

RELEASED

The new contract has been signed by the CEO and Mayor.

Finance & Corporate Policy 

FCP 16/02/2009
9.1  

Non-payment of Rates - Sale of Properties 

90(3)(a)

RELEASED
 

Council  CL 23/01/2012
13.1 
Waste Care SA Purchase of Land  90(3)d 

RELEASED

Sale of Lot 25, Wingfield has been confirmed. 

Council

CL 22/10/2012 13.8

Feasibility Study on Purchase of Land for Open Space 90(3)(b) and (d)

RELEASED
(Minutes only, no report written)

Sale of property has settled.

Asset Management

AM 19/11/2012 9.01

Feasibility Study on Purchase of Land for Open Space 90(3)(b) and (d)

RELEASED

Sale of property has settled.

Asset Management

AM 20/05/2013 9.1

Update: Feasibility Study on Purchase Of Land for Open space

90(3)(b)

RELEASED

Sale of property has settled.

Council 

CL 27/02/2012 13.2

Water Proofing the West - Client Water Pricing 90(3)d

RELEASED

The Recycled Water Service Agreement has been formally signed.

Council 

CL 14/11/05
15.18 

Legal Advice, Ray Street Findon - Remediation and Housing Project  

 90(3)(h)

RELEASED

As per Council resolution (Item 6.32 - 11 March 2014 Council Meeting)

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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 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.
Appendix B RELEASED

(Note: Confidential Orders were last reviewed by Council on 8 July 2013)

Asset Management

AM 19/08/2013
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.

Strategic Development

SD 19/08/2013 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.

Council

CL 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. 

Strategic Development

SD 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.

Council

CL 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.

Council

 CL  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.

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