Confidential Items 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.

Confidential Items Register(33 kb)

CEOCONF 5_1117 Sale of Land - Lot 93 – released 09102018(804 kb)

CONFWM 4_917 Kerbside Waste Collection Contract – released 09102018(876 kb)

CONFCEO 10_917 Iron Road Cape Hardy -LMA Waiver and Rescission – released 09102018(892 kb)

CONFCEO 8_917 Tumby Bay Caravan Park - Assignment of Lease – released 09102018(728 kb)

LATE CONFCEO 4_617 Tumby Bay Caravan Park Lease Extension – released 09102018(619 kb)

CONFDCEO 5_417 Rates in Arrears – released 09102018(1076 kb)

LATE CEOCONF 6_1116 Lease - Tumby Bay Airport Land – released 09102018(593 kb)

CONFDCEO 6_316 Rates in Arrears – released 09102018(1045 kb)

CEOCONF 3_116 Remission of Rates – released 09102018(1376 kb)

CEOCONF 2_515 Tumby Bay Caravan Park Lease Extension – released 09102018(846 kb)

Rural Living DPA – released 09102018(17853 kb)

Land Sale - Gemtree Pty Ltd

Code of Conduct Complaint

Ritz Cafe Lease

Sale of Council Land - MESCONF 2/1016(1731 kb)

Soil Assessment of Lot 443 and 444 Trezise Street Tumby Bay - MESCONF 2/717(1958 kb)

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) 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




Tumby Bay is a beautiful coastal township of 1200 residents, who have chosen to establish livelihoods, raise families and retire in a safe and serene environment.

Contact us

District Council of Tumby Bay

Cnr Mortlock Street and West Terrace

PO Box 61, Tumby Bay SA 5605