Basic HTML Version
13
Council and Committee Meetings - Confidential Items
& Review of Council Decisions
Confidential Items
The Local Government Act 1999 specifies that Council meetings be held in a public place, but on occasions this principle is
outweighed by the need to keep the information or discussion confidential.
Instances where Council was satisfied that it was necessary to exclude the public and consider agenda items in confidence
have been recorded. During 2011 – 2012 the issues considered in accordance with Section 90(2) and Section 90(3) of the
Local Government Act 1999, are contained in the following table:
Date
Item
Title
Local Government Act 1999 Section
20 July 2011 - Special Meeting of
Council
Item 3.2
Confidential Matter
Section 90(2) and 90(3)(h)
6 September 2011
Item 3.2
Enterprise Agreement Discussion
Section 90(2) and 90(3)(h)
4 October 2011
Item 3.2
Enterprise Agreement Discussion
Section 90(2) and 90(3)(h)
1 November 2011
Item 4.2
Enterprise Agreement Discussion
Section 90(2) and 90(3)(h)
8 November 2011
Item 4.1
Enterprise Agreement Discussion
Section 90(2) and 90(3)(h)
22 November 2011
Item 5.1 & 5.2 Chief Executive Officer Performance
Development Review
Section 90(2) and 90(3)(a)
29 November 2011
Item 3.2 & 3.3 Enterprise Agreement Discussion
Section 90(2) and 90(3)(h)
Confidentiality Orders pursuant to Section 91(7) of the Local Government Act 1999 require documents to remain
confidential for a specified period of time. During 2011 – 2012 instances where documents were considered in accordance
with Section 91(7), to be kept confidential are listed in the following table:-
20 July 2011 - Special Meeting of Council
Item 3.3 - Confidential Matter
6 September 2011- Elected Members Workplace Negotiation Committee
Item 3.3 - Enterprise Agreement
4 October 2011 - Elected Members Workplace Negotiation Committee
Item 3.3 - Enterprise Agreement
1 November 2011 - Elected Members Workplace Negotiation Committee
Item 4.3- Enterprise Agreement
8 November 2011 - Elected Members Workplace Negotiation Committee
Item 5 - Enterprise Agreement
29 November 2011 - Elected Members Workplace Negotiation Committee
Item 3.4 - Enterprise Agreement
The table below identifies the grounds on which the Council considered the matters and determined to exclude the public
from the discussion and the related documentation.
Local Government Act
1999 Relevant Section
Description
90(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).
90(3)
The following information and matters are listed for the purposes of subsection (2):
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);
90(3)(h)
legal advice;
91(7)
However, subsections (4), (5) and (6) do not apply to a document or part of a document if – (a) The document or
part relates to a matter dealt with by the council or council committee on a confidential basis under Part 3; and (b)
The council or council committee orders that the document or part be kept confidential.
Review of Council Decisions
This section deals with complaints that require formal review by Council. Nothing in this section prevents a person
from making a complaint to the Ombudsman at any time under the Ombudsman Act 1972
The number of applications for review made under this section – Nil
Such other matters as may be prescribed by the regulations - Nil