Gawler 2013-14 Annual Report - page 70

Town of GawlerAnnual Report 2013/14
Page70
introduction • summary • strategic directions •
statutory information
• index
Reasons for Going IntoConfidence
Part 3—Public access to council and committeemeetings
Meetings to be held in public except in special circumstances
Local GovernmentAct Section 90:
90. (1) Subject to this section, ameeting of a council or council committeemust be conducted in a place open to the
public.
(2) Acouncil or council committeemay order that the public be excluded from attendance at ameeting to theextent
(and only to the extent) that the council or council committee considers it to be necessary and appropriate to act
in ameeting closed to the public in order to receive, discuss or consider in confidence any information ormatter
listed in subsection (3) (after taking into account any relevant consideration under that subsection).
(3) The following informationandmatters are listed for the purposes of subsection (2):
(a) information thedisclosure of whichwould involve theunreasonable disclosure of information concerning the
personal affairs of any person (livingor dead);
(b) information the disclosureof which—
(i) could reasonably beexpected to confer a commercial advantage on a personwithwhom the council is
conducting, or proposing to conduct, business, or to prejudice the commercial positionof the council;
and
(ii) would, on balance, be contrary to thepublic interest;
(c) information the disclosureof whichwould reveal a trade secret;
(d) commercial information of a confidential nature (not being a trade secret) the disclosureof which—
(i) could reasonably beexpected to prejudice the commercial position of the personwho supplied the
information, or to confer a commercial advantage on a third party; and
(ii) would, on balance, be contrary to thepublic 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 themaintenance of law,
includingby 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 breachany law,
order or directionof a court or tribunal constituted by law, any duty of confidence, or other legal obligationor
duty;
(h) legal advice;
(i) information relating toactual litigation, or litigation that the council or council committee believes on
reasonable groundswill take place, involving the council or an employee of the council;
(j) information the disclosureof which—
(i) would divulge information provided on a confidential basis by or to aMinister of theCrown, or another
public authority or official (not being anemployee 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 toa proposed amendment to aDevelopment Plan under theDevelopmentAct 1993
before aPlanAmendment 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 theFreedomof InformationAct
1991.
Pursuant toSection 56A(12)(a) (ii) (A) and (B) of theDevelopmentAct 1993, regarding information the disclosureof
which:
(A) could reasonably be expected to confer a commercial advantage ona 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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