District Council of Tumby Bay
Tumby Bay
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Confidential Item Register

Release of Confidential Items

Section 90 of the Local Government Act 1999 details the provisions for when a Council or Committee may order that the public excluded from attendance at a meeting for the purposes of receiving, discussing or considering in confidence information relevant to section 90(3) of the Act.  The Council or Committee may also order that some or all of the documents associated with the item also be kept confidential.  In the event that this occurs, the Council or Committee must also specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed.

In some instances, the Council or Committee may delegate the power to revoke the order to an employee of the Council (such as the Chief Executive Officer).  In any event, in accordance with section 91(9) of the Local Government Act 1999, any order that operates for a period exceeding 12 months must be reviewed at least once in every year.

2016 Confidential Items Released

Reasons for making a Confidential Order

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);
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; (ii) would, on balance, be contrary to the public interest;
Section 90(3)(c)...information the disclosure of which would reveal a trade secret;
Section 90(3)(d)...commercial information of a confidential nature (not being a trade secret) the disclosure of which  (i) could reasonable be expected to prejudice the commercial position of the person who supplied the information, or to give a commercial advantage to a third party; and (ii) would, on balance,  be contrary to the public interest;
Section 90(3)(e)...matters affecting the security of the council, members or employees of the council, or council property, or the safety of any person;
Section 90(3)(f)...information the disclosure of which could reasonably be expected to prejudice the maintenance of the law, including be affecting (or potentially affecting) the prevention, detection of investigation of criminal offence, or the right to a fair trail;
Section 90(3)(g)...matters that must be considered in confidence in order to ensure that the councildoes 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;
Section 90(3)(h)...legal advice; 
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;
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 any public authority of 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;
Section 90(3)(k)...tenders for the supply of goods, the provision of services or the carrying our of works;
Section (90)(3)(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;
Section 90(3)(n)...information relevant to the review of a determination of council under the Freedom of Information Act 1991
District Council of Tumby Bay
PO Box 61, Tumby Bay, SA 5605
Tel: (08) 8688 2101
http://www.tumbybay.sa.gov.au
dctumby@tumbybay.sa.gov.au

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