Confidential Reports Register

Section 90 of the Local Government Act 1999 provides that a Council or Council Committee may order the public to be excluded from attendance at a meeting.

When an item is considered in confidence, the council or committee may require the public to be excluded from the meeting while the information is received, discussed or considered.  the Council or Committee may also order that documents in relation to a confidential item, such as minutes, reports and attachments are retained in confidence following the meeting.  

Council maintains a register of items that have been considered in confidence, that details items retained in confidence and those that have been released. 

A review of the reports or documents that are the subject of orders of confidentiality is conducted to ensure that items are released to the public, in accordance with the resolutions of Council.

To view the register of released confidential items select the relevant year below.

Confidential Reports Register 2019

Date and agenda item Reason for confidentiality Reason for revocation of confidentiality

22 January 2019 Item 15.1

Code of Conduct for Council Members Preliminary Assessment Report EM2018- 04

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) RETAIN IN CONFIDENCE
excluding any future report presented to Council which determines a breach of the Code of Conduct for Council Members has been determined in relation to EM2018-04.

22 January 2019 Item 15.2

Tier 1 Event

Section 90(3)(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 RETAIN IN CONFIDENCE
until 31 July 2019.

22 January 2019 Item 15.5

Further advice on appeal options against approval of Seaford Meadows subdivision

Section 90(3)(h) legal advice RETAIN IN CONFIDENCE 

As per Council resolution 19/2/19 the minutes are released.

The agenda report (including attachments 1 and 2), any informal questions and responses, discussion and minutes of the Council relating to discussion of the subject matter remain in confidence.

View released confidential items

19 February 2019 Item 15.1

Council Chamber upgrade (including live streaming & recording of meetings)

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 confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest
RETAIN IN CONFIDENCE 
until after the contract has been entered into by all parties in accordance with section 91(8) of the Local Government Act 1999.

19 February 2019 Item 15.2

UCI International Standard BMX facility – update

Section 90(3)(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 as there are ongoing  funding negotiations with state government and the City of Marion and attached cost estimates could prejudice future tendering for works; therefore

(ii) would, on balance, be contrary to the public interest.
RETAIN IN CONFIDENCE 

The minutes and agenda report (with the exception of the attachments to the report which remain confidential until a contract to construct the facilities has been awarded) are released.

View released confidential items

12 March 2019 Item 3.1

Kerbside recycling processing

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 confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest;

and

Section 90(3)(h) legal advice.

RETAIN IN CONFIDENCE 
until the expiry of our kerbside recycling processing contract in 2024, or to the expiry date of any related contracts entered into in relation to this matter, whichever date is the latter with the exception of the details of the anticipated 2019-20 final budget impact and the name of Council’s recycling processor, in-order to allow our community to be informed and to allow advocacy to the South Australian Government for financial assistance.

19 March 2019 Item 15.1

Aldinga Southern School Update

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 confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest;

RETAIN IN CONFIDENCE 
The minutes and agenda report (with the exception of Section 4b (Financial implications (confidential)) of the agenda report which will be kept confidential until Council enters a formal lease or ceases negotiations seeking to enter a lease) are released.

View released confidential items

19 March 2019 Item 15.2

Seaford Meadows challenge - potential to negotiate

Section 90(3)(h) legal advice

RETAIN IN CONFIDENCE 
until the conclusion of any court proceedings and/or appeal options, excluding the release of Attachment 2 to the agenda report - Media release.

View released confidential items

16 April 2019 Item 15.1

Notice of Motion – Cr Bray – Legal action

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 confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest;

and

Section 90(3)(h) legal advice.

RETAIN IN CONFIDENCE 
until the expiry of our kerbside recycling processing contract in 2024, or to the expiry date of any related contracts entered into in relation to this matter, whichever date is the latter.

21 May 2019 Item 15.1

Deputation – Aldinga Beach ‘Latitude’ plans for appeal settlement – Chris Vounasis, Winwest and James Hilditch, Hilditch Lawyers

Section 90(3)(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 RETAIN IN CONFIDENCE 
that the discussion of the deputee and Council relating to the subject matter be kept confidential until the Council’s appeal is finalised in the ERD Court, except insofar as is necessary to communicate the Council’s decision to the Court and interested parties.

21 May 2019 Item 15.2

Aldinga Beach "Latitude" plans for appeal settlement with Winwest

Section 90(3)(h) legal advice;
and

Section 90(3)(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;.
RETAIN IN CONFIDENCE 
until the Council’s appeal is finalised in the ERD Court, except insofar as is necessary to communicate the Council’s decision to the Court and interested parties.

21 May 2019 Item 15.3

Audit, Risk, Value and Efficiency Committee independent member appointment

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead). RETAIN IN CONFIDENCE 
with the exception that the name of the successful candidate be released once all parties are notified of the outcome of Council's deliberations in respect to the appointment of the independent Ordinary Member.

21 May 2019 Item 15.4

CEO Performance Management Committee meeting confidential minutes of 9 May 2019 re Independent Advisor appointment

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), in this instance being matters related to the terms and conditions of the employment contract for the Chief Executive Officer
and
Section 90(3)(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;
RETAIN IN CONFIDENCE 
with the exception that the name of the Independent Advisor and the value of the engagement be released once engagement for the Independent Advisor appointment is finalised.

21 May 2019 Item 15.5

CEO Performance Management Committee meeting confidential minutes of 9 May 2019 re Quarterly Report

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), in this instance being matters related to the terms and conditions of the employment contract for the Chief Executive Officer RETAIN IN CONFIDENCE 
until 30 April 2027 (being seven years following the expiry of the CEO’s contract of employment in accordance with standard human resource record keeping practices).

21 May 2019 Item 15.6

Code of Conduct for Council Members  EM2018-04

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead) RETAIN IN CONFIDENCE 

18 June 2018 Item 15.1

Tier 1 Event

Section 90(3)(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
RETAIN IN CONFIDENCE
until mid-July 2019 (pending Events SA announcement).

18 June 2018 Item 15.2

Community Facilities Study extension of confidentiality

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 confer a commercial advantage on a third party; and

(ii)  would, on balance, be contrary to the public interest

RETAIN IN CONFIDENCE

until 31 December 2019 pending a workshop with Council prior to this date.

18 June 2018 Item 15.3

Council's Strategic Procurement Direction

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 confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest
RETAIN IN CONFIDENCE
until Council has finalised their Strategic Procurement Direction considerations.

18 June 2018 Item 15.4

Enforcement Matter

• Section 90(3)(h) legal advice
and

• Section 90(3)(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
RETAIN IN CONFIDENCE

18 June 2018 Item 15.5

Seaford Meadows Development – Mediation Update

• Section 90(3)(h) legal advice
and

• Section 90(3)(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
RETAIN IN CONFIDENCE
except for the purposes of disclosing information to Hickinbotham and the independent mediators within the formal mediation process.

18 June 2018 Item 15.6

EM2019-01(b) Code of Conduct for Council Members Preliminary Assessment Report

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); RETAIN IN CONFIDENCE
excluding communication with the complainant and subject of the complaint in relation to Council’s decision, any public apology and any future report presented to Council which determines a breach of the Code of Conduct for Council Members has been determined in relation to EM2019-01(b).

18 June 2018 Item 15.7

EM2019-01(c) Code of Conduct for Council Members Preliminary Assessment Report

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); RETAIN IN CONFIDENCE
excluding communication with the complainant and subject of the complaint in relation to Council’s decision, any public apology and any future report presented to Council which determines a breach of the Code of Conduct for Council Members has been determined in relation to EM2019-01(c).

18 June 2018 Item 15.8

EM2019-02 Code of Conduct for Council Members Preliminary Assessment Report

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); RETAIN IN CONFIDENCE
excluding communication with the complainant and subject of the complaint in relation to Council’s decision and any future report presented to Council which determines a breach of the Code of Conduct for Council Members has been determined in relation to EM2019-02.

18 June 2018 Item 15.9

ICT Reform Project Steering Committee meeting confidential minutes of 30 May 2019

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);
and
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 confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest;

RETAIN IN CONFIDENCE

18 June 2018 Item 15.10

CEO Performance Management Committee meeting confidential minutes of 6 June 2019 re 2018-19 CEO Performance Review

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), in this instance being matters related to the terms and conditions of the employment contract for the Chief Executive Officer. RETAIN IN CONFIDENCE
(with the exception that this information may be released to the Director Corporate and City Services and the Independent Advisor to the Chief Executive Officer Performance Management Committee) be kept confidential until 30 April 2027 (being seven years following the expiry of the CEO’s contract of employment in accordance with standard human resource record keeping practices).

18 June 2018 Item 15.11

CEO Performance Management Committee meeting confidential minutes of 6 June 2019 re Legal advice

Section 90(3)(a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), in this instance being matters related to the terms and conditions of the employment contract for the Chief Executive Officer
and

Section 90(3)(h) information the disclosure of which would involve the unreasonable disclosure of legal advice, in this instance being information that are related to the terms and conditions of the employment contract for the Chief Executive Officer.
RETAIN IN CONFIDENCE
(with the exception that this information may be released to the Director Corporate and City Services) be kept confidential until 30 April 2027 (being seven years following the expiry of the CEO’s contract of employment in accordance with standard human resource record keeping practices).

23 July 2019 Item 3.1

Deputation – Seaford Meadows development – Michael Hickinbotham, Hickinbotham Seaford Meadows Project team

Section 90(3)(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;

RETAIN IN CONFIDENCE

23 July 2019 Item 3.2

Seaford Meadows Development - Mediation Update

• Section 90(3)(h) legal advice
and

• Section 90(3)(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;
RETAIN IN CONFIDENCE
excluding communications with Hickinbotham and their advisors, any court related personnel and any media statements that may be released at key points in the settlement process, where legally appropriate.

23 July 2019 Item 3.3

Aldinga School Shared Use

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 confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest;
RETAIN IN CONFIDENCE
until commercial negotiations have been finalised and proponents and the state government approve release of information in accord with their respective confidentiality provisions