Gawler 2012-13 Annual Report - page 72

Town of Gawler Annual Report 2012/13
Page 72
introduction • summary • strategic directions •
statutory information
• index
Confidentiality Provisions – Local Government Act
1999
Section 90(2) of the Local Government Act 1999 states:
90—Meetings to be held in public except in special
circumstances
(2) A council or council committee may order that the
public be excluded from attendance at a meeting to the
extent (and only to the extent) that the council or council
committee considers it to be necessary and appropriate
to act in a meeting closed to the public in order to receive,
discuss or consider in confidence any information or matter
listed in subsection (3) (after taking into account any
relevant consideration under that subsection).
Section 91(7) of the Local Government Act 1999 states:
91—Minutes and release of documents
(7) However, subsections (4), (5) and (6) do not apply to a
document or part of a document if—
(a) the document or part relates to a matter dealt with by
the council or council committee on a confidential basis
under Part 3;
(b) and the council or council committee orders that the
document or part be kept confidential.
Local Government (General) Regulations 1999 states:
22A—Schedule 4—Annual reports
(1) For the purposes of clause 1(ga) of Schedule 4 of the
Act—
(a) in the case of a report on the use of section 90(2) of the
Act, the following information is required:
(i) the total number of orders made under that subsection
in the financial year;
(ii) in relation to each paragraph ((a) to (n)) of section 90(3)
of the Act— the number of times in the financial year that
an order made under section 90(2) was made on the basis
that the information or matter fell within the ambit of the
paragraph; and
(b) in the case of a report on the use of section 91(7) of the
Act, the following information is required:
(i) the total number of orders made under that subsection
in the financial year;
(ii) the number of orders made under that subsection
that expired, ceased to apply or were revoked during the
financial year;
(iii) the number of orders made under that subsection that
remained operative at the end of the financial year (but not
including orders made before the commencement of this
paragraph.
This report includes the following information, separately
identified for both Council and Committees:-
• Number of occasions each of the provisions of Section
90(3) were utilised
• An indication of any particular issues that contributed
to the use of confidentiality provisions on more than
one occasion
• Number of occasions that information originally
declared confidential has subsequently been made
publicly available
• Number of occasions that information declared
confidential has still not subsequently been made
publicly available and the reason for this in each case
During 2012/13 Council and staff worked diligently and
undertook two (2) reviews which assisted in reducing
the number of reports and minutes kept in confidence.
Council is planning to review their policies and
procedures as it relates to confidentiality provisions and
practice.
From 1 July 2012 to 30 June 2013, 27 out of 372 reports
considered by Council and Committee (CCS, IES, PMP,
Audit and DAP) were dealt with in confidence. Of the 27
reports considered in confidence 15 were released during
2012/13 and 12 remain in confidence.
Total Reports
Considered
2012/13
Total
Considered
in Confidence
Corporate and community Services Committee
CCS
27
0
Council
184
23
Infrastructure and Environmental Services Committee IES
28
0
CEO Performance Management Panel
PMP
6
2
Audit
23
0
Development Assessment Panel
DAP
104
2
Total
372
27
1...,62,63,64,65,66,67,68,69,70,71 73,74,75,76,77,78,79,80,81,82,...175
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