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Confidential Item Register

From time to time the public may be excluded from Council and Committee Meetings.

Section 90 of the Local Government Act 1999 provides that a Council or Committee may order that the public be excluded from attendance ata  meeting, in order to receive, discuss or consider in confidence any information or matter listed in 90(3) of the Act.

Any order made by Council or Council COmmittee must specify the duration of the order or the circumstances in which the order will cease to app;ly, or a period after which the order must be reviews, and , in any event, any order that operates for a period exceeding 12 months must be reviewd at least once in every yera. A review of the Confidential Items Register is conducted prior to 30 June annually.

Reasons for making a Confidential Order

Section 90(3) of the Local Government Act 1999:

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

(b) information the disclosure of which —

  1. could reasonably be expected to confer a commercial advantage on a person with whom the council is conductuing, or proposing to conduct, business, or to pregjudice the commercial position of the council; and
  2. would, on balance, be contrary to the public interest

(c) information the disclosure of which would reveal a trade secret

(d) commercial information of a confidential nature (not being a trade secret) the disclsure of which —

  1. could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a thrid party; and
  2. would, on balance, be contrary to the public interest

(e) matters affecting thesecurity of the council, members or employees of the council, or council property, or the saety of any person

(f) information the disclosure of which could reasonable be expected to prejudice the maintenance of law, inclduing by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial

(g) matters that must be considered in confidence in order to ensure that the council does 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

(h) legal advice

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

(j) information the disclsure of which —

  1. would divulge information provided on a confidential basis by or to a Minister of the crown, or anotherpublic authority or official (not being an employee of the council, or a person engaged by the council); and
  2. would, on balance, be contrary to the public interest

(k) tenders for the supply of goods, thep rovision of services or the carryoing out of works;

(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

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

  

Confidential Items Register 2017-2018       

 

District Council of Elliston
21 Beach Terrace
Elliston SA 5670
Fax: 08 8687 9176