Gawler 2012-13 Annual Report - page 76

Town of Gawler Annual Report 2012/13
Page 76
introduction • summary • strategic directions •
statutory information
• index
Reasons for Going Into Confidence
Part 3—Public access to council and committee meetings
Meetings to be held in public except in special circumstances
Local Government Act Section 90:
90.
(1) Subject to this section, a meeting of a council or council committee must be conducted in a place open to the
public.
(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).
(3) The following information and matters are listed for the purposes of subsection (2):
(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—
(i) could reasonably be expected to confer a commercial advantage on a person with whom the council
is conducting, or proposing to conduct, business, or to prejudice the commercial position of the
council; and
(ii) 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 disclosure of which—
(i) could reasonably be expected to prejudice the commercial position of the person who supplied the
information, or to confer a commercial advantage on a third party; and
(ii) would, on balance, be contrary to the public interest;
(e) matters affecting the security of the council, members or employees of the council, or council property, or
the safety of any person;
(f) information the disclosure of which could reasonably be expected to prejudice the maintenance of law,
including 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 disclosure of which—
(i) 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
(ii) would, on balance, be contrary to the public interest;
(k) tenders for the supply of goods, the provision of services or the carrying out of works;
(m) information relating to a proposed amendment to a Development Plan under the Development Act 1993
before a Plan Amendment Report 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.
Pursuant to Section 56A(12)(a) (ii) (A) and (B) of the Development Act 1993, regarding information the disclosure of
which:
(A) could reasonably be expected to confer a commercial advantage on a person, or to prejudice the
commercial position of a person; and
(B) would, on balance, be contrary to the public interest.
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