As at 9 February 2016

Confidential Reports Register – Released Confidential Items

Date of

Council

Meeting

Agenda Item

and Minute

Book Page

Title of Report Reason for Confidentiality Comment to support

recommendation

Report (including

Attached Supporting

Documents)

and/or Minutes

Recommend

ation re

Release:

- Full Release

- Partial

Release

- Retain

Release Date or

Event

Next

Review

Date

Power

to

revoke

the

order

delegat

ed to

the

CEO?

[Yes /

No]

20/4/10 CO/CEO/R1 Offer to Purchase

Former Angaston

Council Chambers

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

30/6/10 N/A N/A

20/4/10 CO/CCS/R1

2010/4-7

Old Tanunda Primary

School Site,

Childcare Centre

and Adjacent Land

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

Until

development

application

lodged

N/A N/A

As at 9 February 2016

20/4/10 CO/D/R1

2010/8-10

Tanunda East

Development Plan

Amendment –

Endorsement for

Public Consultation

and Appointment of

Committee to

Provide Advice on

Submissions

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

Until made

public through

due process

N/A N/A

15/6/10 CO/CEO/R1

2010/11-12

Sale of Angaston

Council Chambers

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

15/6/11

15/6/11

N/A N/A

15/6/10 CO/CCS/R1

2010/13-14

Business Continuity

Plan

Section 90 (3)(e) of the Local

Government Act 1999,

matters affecting the security

of the Council, members or

employees of the Council, or

Council property, or the

safety of any person.

None specified Report

Minutes

Retain

Released

15/6/11

15/6/10

Reviewed:

17/5/11

(2011/17-

18)

reviewed:

17/4/12

2012/22-23

15/6/10 CO/DP/R1

2010/15-16

Concordia Proposal Section 90(3)(d) of the Local

Government Act 1999 -

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.

None specified Report

Minutes

Released

Released

Until released for

public

consultation

17/5/11

(released

3/4/13)

N/A

As at 9 February 2016

15/6/10 Resumption

of debate on

CO/CEO/R1

2010/17-18

Sale of Angaston

Council Chambers

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

15/6/2011

15/6/2011

N/A N/A

20/7/11 CO/CCS/R1

2010/19-20

Old Tanunda Primary

School Site,

Childcare Centre

and Adjacent Land

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

20/7/2011

20/7/2011

N/A N/A

As at 9 February 2016

20/7/11 CO/NR/R1

2010/21-22

The Barossa

Council/CR Lindner

Nominees Pty

Ltd/Lohner

Nominees Pty ltd

Licence Agreement

– Williamstown

Community

Wastewater

management

System (CWMS)

Treated Effluent

Supply

Section 90(3)(h) of the Local

Government Act 1999 –

information containing legal

advice to Council.

None specified Report

Minutes

Released

Released

Until formal

documents have

been completed

N/A N/A

9/8/10 CO/CEO/R1

2010/23-24

Offer to Purchase

Former Angaston

Council Chambers

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

100 days from

date of order

(20/11/10)

N/A N/A

17/8/210 CO/M/R1

2010/25-26

Chief Executive

Officer Performance

Appraisal

Section 90(3)(e) of the Local

Government Act 1999,

matters affecting the security

of the Council, members or

employees of the Council, or

Council property, or the

safety of any person

None specified Report

Minutes

Released

Released

Expiry of the

Chief Executive

Officer’s current

contract

N/A N/A

21/9/10 CO/DDES/R1

2010/27-

Penrice Soda

Products Pty Ltd –

Interest in

Purchasing Council

Leased Land

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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

None specified Report

Minutes

Released

Released

Sale of subject

land finalised OR

a period of six

months

whichever is the

lesser

15/2/11 No

As at 9 February 2016

commercial position of the

council; and

(ii) would, on balance, be

contrary to the public

interest.

9/11/10 CO/DP/R1

2010/28

Tanunda East

Development Plan

Amendment – Deed

of Agreement –

Review of

Confidential Minutes

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

For the life of the

agreement to be

reviewed

annually

October

2011

Reviewed

18/10/11

2011/41-42

16 October

2012

2012/49-50)

Released

September

2013

No

9/11/10 CO/DP/R2

2010/29

Better Development

Plan and General

development Plan

Amendment – Intent

of Proposed Desired

Character for

Commercial Zone

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

Period of 12

months or until

made public

through due

process

(October 2011)

No

9/11/10 CO/DP/R3

2010/30-31

Better Development

Plan and General

Development Plan

Amendment –

Advice from Minister

for Urban

Development and

Planning of Possible

Change to

Development Plan

Amendment (DPA)

Prior to Approval

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

Period of 12

months or until

made public

through due

process

(October 2011)

No

21/12/10 CO/CEO/R1

2010/32-33

Australia Day

Awards 2011

Section 90(3)(j) of the Local

Government Act 1999

relating to Australia Day

Awards, the content of which

is embargoed until 11.00am,

26th January 2011.

None specified Report

Minutes

Released

Released

26 January

2011

N/A N/A

As at 9 February 2016

21/12/10 CO/CCS/R1

2010/34-35

Internal Alterations

and Fit-Out Project –

Visitor Information

Centre/Tanunda

Library

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works

None specified Report

Minutes

Released

Released

30/6/11

21/12/10

N/A N/A

21/12/10 CO/CCS/R2

2010/36/37

Proposed Purchase

Fitness Centre

Equipment

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

30/6/11

21/12/10

N/A N/A

21/12/10 CO/OP/R1

2010/38

Community

Wastewater

Management

Scheme – Nuriootpa

Augmentation

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

for a period of 3

months or until

the settlement of

the sale of the

land has been

achieved

N/A N/A

25/1/11 CO/CCS/R1

2011/1-2

Proposed Pricing

Structure – The Rex

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

No later than the

opening of the

Centre

N/A N/A

As at 9 February 2016

15/2/11 CO/CCS/R1

2011/3-4

Ratepayer User Incentive

– The Rex

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

No later than the

opening of the

Centre

End of the

meeting

N/A

N/A

15/2/11 CO/DDES/R1

2011/5-6

Penrice Soda

Products Pty Ltd –

Interest in

Purchasing Council

Leased Land

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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.

None specified Report

Minutes

Released

Released

Sale of land

finalised or six

months

15/11/11

15/11/11

No

15/2/11 CO/EH/R1

2011/7-8

Perry Trade Services

– Barossa HTG

Energy and Water

Project

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

Six months from

the date of the

meeting

(15/8/2011)

19/7/11 No

15/3/11 CO/CCS/R1

2011/9-10

The Rex – Stage 3 Budget

Requirements

90 (3)(b)(i) and (ii) of the

Local Government Act 1999,

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

None specified Report

Minutes

Released

Released

12 months

(15/3/2012)

As at 9 February 2016

commercial position of the

council; and

(ii) would, on balance, be

contrary to the public

interest.

19/4/11 CO/MOD/R1

2011/11

Systems Refresh:

Core Business

Systems

Section 90(3)(d) of the Local

Government Act 1999

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;.

None specified Report

Minutes

Released

Released

19/5/2011

19/5/2011

N/A N/A

19/4/11 CO/OP/R1

2011/12

Tour Down Under Section 90(3)(c) of the Local

Government Act 1999 –

information that would, if

disclosed, confer a

commercial advantage on a

person with whom the

Council is conducting (or

proposes to conduct)

business, or prejudice the

commercial position of the

Council.

None specified Report

Minutes

Released

Released

19/7/2011

19/7/2011

N/A N/A

17/5/11 CO/CEO/R1

2011/13-16

Sale of Land to

Penrice Soda

Section 90(3)(d) of the Local

Government Act 1999

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

None specified Report

Minutes

Released

Released

15/11/2011 15/11/11 No

As at 9 February 2016

contrary to the public

interest;.

17/5/11 CO/CCS/R1

2011/17-18

Business Continuity

Plan – Review of

Confidentiality (from

Council meeting

15/6/10)

Section 90 (3)(e) of the Local

Government Act 1999,

matters affecting the security

of the Council, members or

employees of the Council, or

Council property, or the

safety of any person

None Specified Report

Minutes

Retain

Retain

Until further

notice – to be

reviewed

annually

17/4/12

reviewed:

17/4/12

2012/22-23

No

17/5/11 CO/NR/R1

2011/19-21

JD & TP Ross –

Revised License

Agreement,

Lyndoch community

Wastewater

Management

System (CWMS)

Section 90(3)(h) of the Local

Government Act 1999 –

information containing legal

advice to Council.

None specified Report

Minutes

Released

Released

Until formal

documentation

has been

executed

(15/6/11)

N/A No

17/5/11 CO/DP/R1

2011/22-23

Concordia Proposal

– Review of

Confidential Minutes

(from meeting

15/6/2010)

Section 90(3)(d) of the Local

Government Act 1999 -

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

None specified Report

Minutes

Released

Released

Until proposal

has been

released for

public

consultation

Reviewed

15/5/12

(Released

13/4/13)

17/5/11 CO/DP/R2

2011/24-26

Lyndoch Residential

Development –

Development Plan

Amendment (DPA)

Proposal

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act

None specified Report

Minutes

Released

Released

For a period of

12 months or until

made public

through due

process

N/A N/A

As at 9 February 2016

21/6/11 CO/CEO/R1

2011/27-29

Sale of Land to

Penrice Soda

Section 90(3)(d) of the Local

Government Act 1999

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;

None specified Report

Minutes

Released

Released

Until 15

November 2011

15/11/11 No

19/7/11 CO/EH/R1

2011/30-31

Perry Trade Services

– Barossa HTG

Energy and Water

Project – Review of

Confidential Minutes

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works

None specified Report

Minutes

Released

Released

For six months

from the date of

this meeting

20/12/11 No

19/7/11 CO/DDES/R1

2011/32-33

Penrice Soda

Products Pty Ltd –

Interest in

Purchasing Council

Leased Land –

Review of

Confidential Minutes

Section 90(3)(b)(i) and (ii) of

the Local Government Act

1999 – information the

disclosure of which could be

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

would, on balance, be

contrary to the public interest.

None specified Report

Minutes

Released

Released

Until negotiations

finalised or six

months

whichever is the

lesser

15/11/11 No

16/8/11 CO/CEO/R1

2011/34-36

Purchase of 3A John

Street, Tanunda

Section 90(3)(d) of the Local

Government Act 1999

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;

None specified Report

Minutes

Released

Released

12 months

(16/8/2012)

N/A No

As at 9 February 2016

and

(ii) would, on balance, be

contrary to the public interest

20/9/11 CO/DP/R1

2011/37-38

Request to Rezone

Land adjacent to

Kroemer Crossing,

Tanunda

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Development Plan

Amendment relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

12 months or until

made public

through due

process

21/8/12

(2012/36-

37)

No

18/10/11 CO/DP/R1

2011/39-40

Lyndoch –

Residential

Development Plan

Amendment (DPA)

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

12 months or until

made public by

due process

16 October

2012

No

18/10/11 CO/DP/R2

2011/41-42

Tanunda East

Development Plan

Amendment – Deed

of Agreement –

Review of

Confidential Minutes

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

For the life of the

agreement to be

reviewed

annually

October

2012

(16

October

2012

2012/49-50)

Released

September

2013

No

15/11/11 CO/M/R1

2011/43-44

Chief Executive

Officer Performance

Appraisal 2010-2011

Section 90(3)(e) of the Local

Government Act 1999,

matters affecting the security

of the Council, members or

employees of the Council, or

Council property, or the

safety of any person.

None specified Report

Minutes

Released

Released

Until the expiry of

the Chief

Executive

Officer’s current

contract

N/A No

As at 9 February 2016

15/11/11 CO/CEO/R1

2011/45-46

Sale of Land to

Penrice Soda –

review of

Confidential Minutes

Section 90(3)(d) of the Local

Government Act 1999

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;.

None specified Report

Minutes

Released

Released

Until negotiations

for the sale of

the subject land

are finalised or a

period of six

months

whichever is the

lesser

N/A No

15/11/11 CO/CEO/R2

2011/47-48

Sale of Land to

Penrice Soda –

Review of

Confidential Minutes

Section 90(3)(d) of the Local

Government Act 1999

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;.

None specified Report

Minutes

Released

Released

Until negotiations

for the sale of

the subject land

are finalised or a

period of six

months

whichever is the

lesser

N/A No

15/11/11 CO/DDES/R1

2011/49-50

Penrice Soda

Products Pty ltd –

Interest in

Purchasing Council

Leased land –

review of

Confidential Minutes

Section 90(3)(b)(i) and (ii) of

the Local Government Act

1999 – information the

disclosure of which could be

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

would, on balance, be

contrary to the public

interest.

None specified Report

Minutes

Released

Released

Until negotiations

for the sale of

the subject land

are finalised or a

period of six

months

whichever is the

lesser

17/4/2012

(2012/26-

27)

No

As at 9 February 2016

20/12/11 CO/CEO/R1

2011/51-52

Australia Day

Awards 2012

Section 90(3)(j) of the Local

Government Act 1999

relating to Australia Day

Awards, the content of which

is embargoed until 11.00am,

26th January 2012.

None specified Report

Minutes

Released

Released

Until 11.00am 26

January 2012

N/A N/A

20/12/11 CO/CEO/R2

2011/53-54

Payment of Accrued

long Service Leave -

CEO

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);.

None specified Report

Minutes

Released

Released

Until 31 January

2012

N/A N/A

20/12/11 CO/EH/R1

2011/55-56

Perry Trade Services

– Barossa HTG

Energy and Water

Project – Review of

Confidential Minutes

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

19/6/12

2012/34-35

No

21/2/12 2012/1 Williamstown

Community Council

Matters

Section 90(3)(a) of the Local

Government Act 1999

information to be received,

discussed or considered in

relation to the Agenda Item is

information the disclosure of

which would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead).

None specified Report

Minutes

Released

Released

22 March 2012 N/A No

22/2/12

(Special

Meeting)

CO/CEO/R1

2012/2-3

Williamstown

Community Council

Matters

Section 90(3)(a) of the Local

Government Act 1999

information to be received,

discussed or considered in

relation to the Agenda Item is

information the disclosure of

which would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead

None specified Report

Minutes

Released

Released

22 May 2012 N/A No

7/3/12

(Special

Meeting)

CO/CCS/R1

2012/4-5

Review of

Confidentiality order

CO/CCS/R1 – 15

March 2011 – the

Rex Stage 3 Budget

Requirements

Section 90(3)(b)(i)and(ii) of

the Local Government Act

1999 – 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

None specified Report

Minutes

Released

Released

31/1/2013

31/1/2013

N/A No

As at 9 February 2016

conduct, business, or to

prejudice the commercial

position of the council; and ii)

would, on balance be

contrary to the public

interest.

20/3/2012 CO/CCS/R1

2012/6-9

International

Triathlon Union –

Expression of Interest

to Host 2015 World

Duathlon

Championships

Section 90(3)(b)(i)and(ii) of

the Local Government Act

1999 – 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.

None specified Report

Minutes

Released

Released

Until the public

announcement

by the

International

Union of their

selected venue

for the 2015

Duathlon World

Championships

N/A

(Public

Announce

ment

made –

event to be

held in

Adelaide)

No

20/3/12 CO/CCS/R2

2012/10-14

Discount Incentives –

The Rex

Section 90(3)(b)(i)and(ii) of

the Local Government Act

1999 – 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.

None specified Report

Minutes

Released

Released

Until the new Rex

membership

Rates are

released

N/A N/A

20/3/12 CO/CCS/R3

(Late Item)

2012/15-17

Proposed 2012/13

Pricing Structure –

The Rex

Section 90(3)(b)(i)and(ii) of

the Local Government Act

1999 – 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

None specified Report

Minutes

Released

Released

Until the end of

the meeting

N/A N/A

As at 9 February 2016

contrary to the public interest.

4/4/12

(Special

Meeting)

2012-18 Appointment of

Chief Executive

Officer

Section 90(3)(e) of the Local

Government Act 1999,

matters affecting the security

of the Council, members or

employees of the Council, or

Council property, or the

safety of any person.

None specified Report

Minutes

Released

Released

Until the

employment

contract has

been finalised

N/A N/A

10/4/12

(Special

Meeting)

2012/19-21 Tender – Kalbeeba

to Lyndoch Shared

Bicycle Walking Path

– 2012/01

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works

None specified Report

Minutes

Released

Released

Until the end of

the meeting

N/A N/A

17/4/12 CO/CCS/R1

2012/22-23

Review of

Confidentiality Order

– Business Continuity

Plan

(from Council

meeting 15/6/10)

Section 90(3)(e) of the Local

Government Act 1999,

matters affecting the security

of the Council, members or

employees of the Council, or

Council property, or the

safety of any person

None specified Report

Minutes

Retain

Retain

Until further

notice and

further that this

order be

reviewed in

March 2013

Previously

reviewed:

17/5/11

Next

review:

19/3/13

2013/4-5

No

17/4/2012

CO/OP/R1

2012/24-25

2013 Santos Tour

Down Under

Section 90(3)(c) of the Local

Government Act 1999 –

information that would, if

disclosed, confer a

commercial advantage on a

person with whom the

Council is conducting (or

proposes to conduct)

business, or prejudice the

commercial position of the

Council

None specified Report

Minutes

Released

Released

17/7/2012 N/A N/A

17/4/12 CO/DDES/R1

2012/26-27

Penrice Soda

Products Pty Ltd –

Interest in

Purchasing Council

Leased Land –

Review of

Confidential Minutes

Section 90(3)(b)(i) and (ii) of

the Local Government Act

1999 – information the

disclosure of which could be

reasonably be expected to

confer a commercial

advantage on a person with

whom the council is

conducting, or proposing to

conduct, business, or to

None specified Report

Minutes

Released

Released

Until negotiations

for the sale of

the subject land

are finalised or a

period of six

months

whichever is the

lesser

N/A N/A

As at 9 February 2016

prejudice the commercial

position of the council; and

would, on balance, be

contrary to the public interest

15/5/12 CO/DP/R1

2012/28-29

Lyndoch residential

Development –

Development Plan

Amendment (DPA)

Proposal – Review of

Confidential Minutes

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

12 months or until

made public

through due

process

(public

consultation Dec

12 – Feb 13)

N/A N/A

15/5/12 CO/DP/R2

2012/30-31

Concordia Proposal

– Review of

Confidential Minutes

Section 90(3)(d) of the Local

Government Act 1999 -

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

None specified Report

Minutes

Released

Released

Until the

proposal is

released for

public

consultation

(released 3/4/13)

N/A N/A

19/6/12

CO/CCS/R1

2012/32-33

External Auditor

Tender

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works

None specified Report

Minutes

Released

Released

Identity of the

successful

tenderer be kept

confidential until

the end of the

meeting

Minutes – until

the contract has

been entered

into by all parties

to the contract

Report and

associated

documents until

the expiration of

the contract and

that the order be

reviewed every

12 months

Minutes

and report

released –

review not

deemed

necessary

N/A

As at 9 February 2016

19/6/12 CO/EH/R1

2012/34-35

Perry Trade Services

– Barossa HTG

Energy and Water

Project – Review of

Confidential Minutes

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

For a period of

six months from

the date of this

meeting

18/12/12

(2012/68-

69)

No

21/8/12 CO/DP/R1

2012/36-37

Request to Rezone

Land Adjacent to

Kroemer Crossing,

Tanunda – Review of

Confidential minutes

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Development Plan

Amendment relating to the

amendment is released for

public consultation under

that Act

None specified Report

Minutes

Released

Released

For a period of

12 months or until

made public

through due

process

Made

public

through a

Public

submission

by

developer

No

18/9/12 CO/CCS/R1

2012/38-41

Barossa Aquatic

Fitness Centre –

Update Managing

Contractor

Section 90(3)(b) of the Local

Government Act1999 –

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.

None specified Report

Minutes

Released

Released

Until the

conclusion of

related contract

documentation

N/A –

contract

document

ation

completed

No

18/9/12 CO/CCS/R2

2012/42-43

Budget Review –

Visitor Information

Centre

Section 90(3)(h) of the Local

Government Act 1999 – legal

advice.

None specified Report

Minutes

Released

Released

For a period of

12 months or until

the conclusion of

the review of

any related

Enterprise

Agreement,

whichever is the

sooner

No review

necessary:

Minutes

released

16/9/13

No

18/9/12 CO/OP/R1

2012/44-46

Tanunda to Gawler

Shared Path

Section 90(3)(c) of the Local

Government Act 1999 –

information that would, if

disclosed, confer a

commercial advantage on a

person with whom the

Council is conducting (or

proposes to conduct)

None specified Report

Minutes

Released

Released

For a period of

12 months

Acquisition

of land

completed

No

As at 9 February 2016

business, or prejudice the

commercial position of the

Council

16/10/12 7.1.1

2012/47-48

Lyndoch –

Residential

Development Plan

Amendment (DPA)

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act.

None specified Report

Minutes

Released

Released

For the life of the

Agreement – to

be reviewed

annually

No review

required –

minutes /

report

released

September

2013

No

16/10/12 7.1.2

2012-/49-50

Tanunda East

Development Plan

Amendment – Deed

of Agreement –

review of

Confidential Minutes

Section 90(3)(m) of the Local

Government Act 1999 –

information relating to a

proposed amendment to a

Development Plan under the

Development Act 1993

before a Plan Amendment

Report relating to the

amendment is released for

public consultation under

that Act

None specified Report

Minutes

Released

Released

For the life of the

agreement – to

be reviewed

annually

No review

required –

minutes /

report

released

September

2013

No

20/11/12 7.1.1

2012/51-52

Expression of Interest

– Sealed Road

Network – Resealing

and Maintenance

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works

None specified Report

Minutes

Released

Released

For a period of

12 months

November

2013

No

26/11/12

(Special

Meeting)

4.1.1

2012/53-60

Expression of Interest

– Sealed Road

Network – Resealing

and Maintenance

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

For a period of

12 months

Reviewed

19

November

2013

Minute

Book Ref

13/299

Next

Review

date:

October

2013

Released

yes

As at 9 February 2016

26/11/12

(Special)

4.1.2

2012/61-63

Tender – Tanunda to

Kalbeeba Shared

Bicycle Walking Path

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

For a period of

12 months

Reviewed

19

November

2013

Minute

Book Ref

13/299-300

Next

Review

date:

October

2014

Released

yes

18/12/12 7.1.1

2012/64-65

Australia Day

Awards – 2013

Section 90(3)(a) of the Local

Government Act 1999

relating to Australia Day

Awards, the content of which

is embargoed until 11.00am,

26th January 2013, being

information the disclosure of

which would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead)

None specified Report

Minutes

Released

Released

Until announced

at the awards

ceremony on 26

January 2013

N/A N/A

18/12/12 7.2.1

2012/66-67

Tanunda to Gawler

Shared Bicycle

Walking Path

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

12 months (18

December 2013)

released No

18/12/12 7.3.1

2012/68-69

Perry Trade Services

– Barossa HTG

Energy and Water

Project – Review of

Confidential Minutes

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

6 months June 2013 No

19/02/13

8.1.1

2013/1

Complaint from

Resident about

Conduct of a

Member

Section 90(3)(l) of the Local

Government Act 1999 being

information the disclosure of

which would involve the

disclosure of legal

information.

None specified Report

Minutes

Released

Released

18/02/14

19/11/13 Council

review as a result

of Ombudsman

report

released No

19/03/13 8.1.1

2013/4-5

Review of

Confidentiality Order

– Business Continuity

Plan

(from Council

meeting 15/6/10)

Section 90(3)(e) of the Local

Government Act 1999,

matters affecting the security

of the Council, members or

employees of the Council, or

Council property, or the

None specified Report

Released

None

Previously

reviewed:

17/5/11

17/4/12

19/03/13

18/2/14

Yes

As at 9 February 2016

safety of any person Minute

book Ref:

2014/21

27 January

2015

Minute

Book Ref:

2015/2-3:

2014-

18/129

Next review

date Prior

to 27 Jan

2016

19/03/13 8.2.1

2013/6-7

Tanunda to Gawler

Shared Bicycle

Walking Path

Section 90(3)(k) of the Local

Government Act 1999 –

tenders for the supply of

goods, the provision of

services or the carrying out of

works.

None specified Report

Minutes

Released

Released

19/03/14

19/03/14

No

9/05/13

(Special)

2.1.1

2013/9-11

Alleged Breach of

Council members

Code of Conduct-

Consideration of

Local Government

Governance Panel

Report

Section 90(3)(a) of the Local

Government Act 1999

relating to an Alleged Breach

of Council Members Code of

Conduct – Consideration of

Local Government

Governance Panel Report,

being information the

disclosure of which would

involve the unreasonable

disclosure of information

concerning the personal

affairs of any person (living or

dead).

The matter and support

documents of the

agenda item on

balance may disclose

unreasonable personal

information of a health

nature of a named

person and details of

third parties to the

matter who may have

provided information to

the Local Government

Governance Panel

investigation in

confidence and

therefore pursuant to

Section 90(3)(a)

Report

Minutes

Attachment 1

(redacted report)

Attachment 2

Attachment 3

Released

Released

Released

Released

Released

Released

May 2014

Yes

21/05/13 8.1.1

2013/12-13

Santos Tour Down

Under 2014

Section 90(3)(d) of the Local

Government Act 1999 –

information that would, if

disclosed, confer a

commercial advantage on a

person with whom the

Council is conducting (or

proposes to conduct)

business, or prejudice the

commercial position of the

Council.

The matter of the

agenda item has been

requested to be kept

confidential until the

launch of the Santos

Tour Down Under 2014

event and officially

released to the public

by Events South

Australia which is

anticipated to be

undertaken in July 2013

and therefore pursuant

Report

Minutes

Released

Released

21/08/13 N/A No

As at 9 February 2016

to Section 90(3)(d)

being information that

would, if disclosed,

confer a commercial

advantage on a person

with whom the Council

is conducting (or

proposes to conduct)

business, or prejudice

the commercial position

of the Council.

16/07/13 8.1.1

2013/14-15

Performance Review

of the Chief

Executive Officer

Section 90(3)(a) of the Local

Government Act 1999

relating to the Performance

Review of the Chief Executive

Officer, being information

that would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead) in that it

discloses the performance of

the Chief Executive Officer

over the preceding year

The matter and

supporting documents

of the agenda item on

balance will disclose

personal information

related to the

performance of the

Chief Executive Officer

as contemplated by

Section 90(3)(a) and

90(9)(b) and therefore

pursuant to Section

90(3)(a)being

information the

disclosure of which

would involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

Report

Minutes

Retain

Retain

Conclusion of

Chief Executive

Officer’s

contract

June 2014

Reviewed:

24 June

2014

Minute Ref:

2014/121

Next

Review

Date:

Prior to 16

July 2015

Reviewed

16 June

2015

Minute Ref:

2015/177

2014-

18/273

Next review

date prior

to 16 June

2016

No

19/11/13 8.1.1

2013/16-17

Tender – Mount

Pleasant Waste

Water Treatment

Plant Construction –

2013/09

Section 90(3)(k) of the Local

Government Act 1999 the

receiving of tenders for the

construction of Mount

Pleasant Wastewater

Treatment Plant being

tenders for the supply of

goods, the provision of

services or the carrying out of

works, which is specifically all

tender details considered in

confidence to protect

commercial information

provided through the tender

process; and

As this item is a Tender

all details are to be

considered in

confidence to protect

commercial information

provided through the

tender process and the

report, attachments

and associated

documents need to

remain in confidence

until after the expiration

of the contract so as not

to divulge commercial

information, and

therefore pursuant to

Section 90(3)(k) being

Minutes

Report

Released

Released

30 June 2014

May 2014

Yes

As at 9 February 2016

tenders for the supply of

goods, the provision of

services or the carrying

out of work.

17/12/13 8.1.1

CEO

Australia Day

Awards 2014 Section 90(3)(a) of the Local

Government Act 1999

relating to 8.1.1 Australia Day

Awards 2014, being

information the disclosure of

which would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead) being

information of nominees and

those who nominated them

for an Australia Day award

including contact details,

addresses and personal

testimonials;

The matter and

supporting documents

of the agenda item on

balance may disclose

unreasonable personal

information of nominees

and those who

nominated them for an

Australia Day award

including contact

details, addresses and

personal testimonials

and therefore pursuant

to Section 90(3)(a)

being information the

disclosure of which

would involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

Report

Minutes

Attachments/

Nominations

Released

Released

Released

26 January 2014

26 January 2014

N/A

N/A

18/11/2014

Yes

2014

Date of

Council

Meeting

Agenda Item

and Minute

Book Page

Title of Report Reason for Confidentiality Comment to support

recommendation

Report (including

Attached Supporting

Documents)

and/or Minutes

Recommend

ation re

Release:

- Full Release

- Partial

Release

- Retain

Release Date or

Event

Next

Review

Date

Power

to

revoke

the

order

delegat

ed to

the

CEO?

22/1/2014 8.1.1

CCS

Management

Agreement Structure

– Barossa District

Housing Association

Section 90(3)(g) of the Local

Government Act 1999,

relating to 8.1.1 Management

Agreement Structure –

Barossa District Housing

Association, being

information that must be

considered in confidence in

order to ensure that the

Council does not breach any

law, order or direction of a

court or tribunal constituted

by law, any duty of

confidence, or other legal

The matter of the

agenda item may, on

balance, disclose

information that will

result in Council

breaching a duty of

confidence in relation

to the dealings of the

Barossa District Housing

Association (where

Council has board

member representation)

and its future

Management

Report

Minutes

Released

Released

Until the parties

involved confirm

that there is no

duty of

confidence

remaining on

Council.

until the parties

involved confirm

that there is no

duty of

confidence

remaining on

December

2014 or until

the parties

involved

confirm

that there is

no duty of

confidence

remaining

on Council.

No

As at 9 February 2016

obligation or duty.

Agreement Structure

and therefore, pursuant

to Section 90(3)(g) of

the Local Government

Act 1999 being

information that must be

considered in

confidence in order to

ensure that the Council

does 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.

Council.

25/2/2014 2.1.1

CCS

Barossa Cycle Hub –

Construction

Contract Tender

Award / Request for

Budget Increase

The matter of the agenda

item being a tender for the

supply of goods, the provision

of services or the carrying out

of works which, pursuant to

Section 90(3)(k) of the Local

Government Act 1999 being

information to be considered

in confidence to protect

commercial information

provided through the tender

process.

The matter of the

agenda item being a

tender for the supply of

goods, the provision of

services or the carrying

out of works which,

pursuant to Section

90(3)(k) of the Local

Government Act 1999

being information to be

considered in

confidence to protect

commercial information

provided through the

tender process.

Report

Minutes

Released

Released

subject to

annual review

25/2/2014

Released

January

2015

Yes

24/6/2014 8.31

Works and

Engineering

2014/7

Santos Tour Down

Under 2015 relating to Section 90(3)(j)(i)

of the Local Government Act

1999 – information the

disclosure of which would

divulge information

The matter of the

agenda item has been

requested to be kept

confidential until the

launch of the Santos

Report

Minutes

Released

Released

24/9/2014

24/9/2014

N/A yes

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)

Tour Down Under 2015

event and officially

released to the public

by Events South

Australia which is

anticipated to be

undertaken in July 2014

24/6/2014 8.2.1

CCS

2014/9-12

Management

Agreement Structure

– Barossa District

Housing Association

Section 90(3)(g) of the Local

Government Act 1999,

relating to 8.2.1 Management

Agreement Structure –

Barossa District Housing

Association, being

The matter of the

agenda item may, on

balance, disclose

information that will

result in Council

breaching a duty of

confidence in relation

Report

Released

Until the parties

involved confirm

that there is no

duty of

confidence

remaining on

May 2015 No

As at 9 February 2016

information that must be

considered in confidence in

order to ensure that the

Council does 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

to the dealings of the

Barossa District Housing

Association (where

Council has board

member representation)

and its future

Management

Agreement Structure

Minutes

Released

Council

Until the parties

involved confirm

that there is no

duty of

confidence

remaining on

Council

24/6/2014 8.3.1

Mayor

2014/12-14

Performance Review

of the Chief

Executive Officer

Section 90(3)(a) of the Local

Government Act 1999

relating to the Performance

Review of the Chief Executive

Officer, being information

that would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead) in that it

discloses the employment

performance of the Chief

Executive Officer over the

preceding year

The matter and

supporting documents

of the agenda item on

balance will disclose

personal information

related to the

performance of the

Chief Executive Officer

as contemplated by

Section 90(3)(a) and

90(9)(b) of the Local

Government Act (Act)

Attachments to

Report

Minutes

Retain

Released

Until the

conclusion of the

Chief Executive

Officer’s

employment

Prior to 24

June 2015

Reviewed

16 June

2015

Minute Ref:

2015/178

2014-

18/274

Next review

date:

Prior to 16

June 2016

No

19/8/2014 8.1.1.1

Planning

2014/15-17

Supreme Court

Appeal – De Palma

v The Barossa

Council

Section 90(3)(i) of the Local

Government Act 1999 –

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.

This report contains

opinions based on legal

advice associated with

a Supreme Court

appeal that should not

be disclosed prior to the

appeal proceeding.

Report

Minutes

Released

Released

Until the

Supreme Court

Appeal has

been finalised

Until the

Supreme Court

Appeal has

been finalised

Subject to

annual

review if

necessary

(July 2015)

Annual

review not

required –

matter

settled

without trial

and

released

No

18/11/2014 7.5.1.1

Planning

CO2014/18-

19/1

Member

Appointments to The

Barossa Council

Development

Assessment Panel

Section 90(3)(a) of the Local

Government Act 1999

relating to the personal

details, qualifications and

assessment of applicants

including personal qualities,

attributes or health status,

therefore being information

that would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

Mr Ian Baldwin, Director

Development and

Environmental Services,

tabled a document -

Expressions of Interest for

Appointments to The

Barossa Council

Development

Assessment Panel (DAP)

– in so doing, in

accordance with

regulation 18(2) of the

Report

Minutes

Released

Released

for two years (18

November 2016)

to be reviewed

annually and

that the Chief

Executive

Officer be

delegated the

power to review

and revoke this

order prior to 18

Subject to

annual

review

(Oct 2015)

Review not

undertaken

Documents

released

Yes

As at 9 February 2016

(living or dead) Local Government Act

(Procedure at Meetings)

Regulations 2013, the

Chief Executive Officer

indicated that the

matter and supporting

documents of the

tabled information and

ensuing analysis of that

information on balance

will disclose personal

information related to

expressions of interest

lodged by members of

the public

contemplated by

Section 90(3)(a) and

90(9)(b) of the Local

Government Act (Act)

and therefore pursuant

to Section 90(3)(a) of

the Act being

information the

disclosure of which

would involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

November 2016.

16/12/2014 8.1.1

CEO

CO2014-18/2

Australia Day

Awards - 2015 pursuant to Section 90(3)(a)

of the Local Government Act

1999 relating to 8.1.1 Australia

Day Awards 2015, being

information the disclosure of

which would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead) being

information of nominees and

those who nominated them

for an Australia Day award

including contact details,

addresses and personal

testimonials; and

The matter and

supporting documents

of the agenda item on

balance may disclose

unreasonable personal

information of nominees

and those who

nominated them for an

Australia Day award

including contact

details, addresses and

personal testimonials

and therefore pursuant

to Section 90(3)(a)

being information the

disclosure of which

would involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

Report

Minutes

Attachments/

Nominations

Released

Released

Retain

26 January 2015

26 January 2015

To be reviewed

annually

Prior to

16/12/2015

Review

undertaken

by CEO -

document

retained in

confidence

9/12/2015

Next review

date prior

to

9/12/2016

Yes

As at 9 February 2016

2015

Date of

Council

Meeting

Agenda Item

and Minute

Book Page

Title of Report Reason for Confidentiality Comment to support

recommendation

Report (including

Attached Supporting

Documents)

and/or Minutes

Recommend

ation re

Release:

- Full Release

- Partial

Release

- Retain

Release Date or

Event

Next

Review

Date

Power

to

revoke

the

order

delegat

ed to

the

CEO?

[Yes /

No]

27/01/2015 8.1.1

Works and

Engineering

2015/1-2

CO2014-18/3

Santos Tour Down

Under 2016

B2673

relating to Section 90(3)(d) of

the Local Government Act

1999 – information that

would, if disclosed, confer a

commercial advantage on a

person with whom the

Council is conducting (or

proposes to conduct)

business, or prejudice the

commercial position of the

Council

The matter of the

agenda item has been

requested to be kept

confidential until the

launch of the Santos

Tour Down Under 2016

event and officially

released to the public

by Events South

Australia which is

anticipated to be

undertaken in July 2015

and therefore pursuant

to Section 90(3)(d)

being information that

would, if disclosed,

confer a commercial

advantage on a person

with whom the Council

is conducting (or

proposes to conduct)

business, or prejudice

the commercial position

of the Council.

Report

Minutes

Released

Released

27 July 2015

27 July 2015

N/A

N/A

No

27/01/2015 8.2.1

Corporate &

Community

Services

2015/3-5

CO2014-18/4

Request for

Reimbursement –

Tanunda (Barossa)

Christmas Parade

B256

relating to Section 90(3)(a) of

the Local Government Act

1999, relating to 8.2.1

Reimbursement Request,

Tanunda Christmas Parade,

being information that must

be considered in confidence

in order to ensure that the

Council does not disclose

information which would

involve the unreasonable

The matter of the

agenda item may, on

balance, disclose

information that will

result in Council making

public, personal

information regarding

the financial affairs of

the Convener of the

Tanunda Christmas

Parade and therefore,

Report

Attachment

Minutes

Released

Retain

Released

N/A

Annual review

N/A

N/A

December

2015

Review

undertaken

by CEO

and

document

retained in

confidence

-

Yes

-

As at 9 February 2016

disclosure of information

concerning the personal

affairs of any person (living or

dead)

pursuant to Section

90(3)(a) of the Local

Government Act 1999

being information that

must be considered in

confidence in order to

ensure that the Council

does not disclose

information which would

involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

Cr Harms disclosed a

conflict of interest in the

matter 8.2.1 –

Reimbursement Request

– Tanunda (Barossa)

Christmas Parade as he

was the convener and

thus has submitted the

request for

reimbursement for

expenses incurred in

producing of the

Tanunda (Barossa)

Christmas Parade, and

left the meeting at

10.59am.

Next review

date prior

to 9

December

2016

N/A

27/01/2015 8.2.2

Corporate &

Community

Services

2015/6-8

CO2014-18/5

Establishment of

Easement –

Washington Street –

Angaston

B1084

Section 90(3)(d) of the Local

Government Act 1999,

relating to 8.2.2 Establishment

of Easement – Washington

Street, being information that

must be considered in

confidence in order to ensure

that the Council does not

disclose information which

would confer a commercial

advantage on a third party,

contrary to the public interest

The matter of the

agenda item may, on

balance, disclose

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

Report

Minutes

Released

Released

Annual Review

Annual Review

December

2015

Document

released

9/12/2015

December

2015

Document

released

9/12/2015

Yes

As at 9 February 2016

regarding the

establishment of an

easement and

therefore, pursuant to

Section 90(3)(d) of the

Local Government Act

1999 being information

that must be considered

in confidence in order

to ensure that the

Council does not confer

a commercial

advantage on a third

party, contrary to the

public interest.

Cr Richard Miller

disclosed a conflict of

interest in the matter

8.2.2 – Establishment of

Easement – Washington

Street, Angaston as his

company is a party to

the transaction as a

registered conveyancer,

and left the meeting at

11.12am.

17/2/2015 8.1.1

Mayor

2015/9-10

CO2014-18/6

Mid Year CEO

Performance Target

Report

Section 90(3)(a) of the Local

Government Act 1999

relating to the Mid Year CEO

Performance Target Report,

being information that would

involve the unreasonable

disclosure of information

concerning the personal

affairs of any person (living or

dead) in that it discloses a

mid year report against the

Chief Executive Officer

performance the

employment performance of

the Chief Executive Officer

over the preceding year

The matter and

supporting documents

of the agenda disclose

personal information

related to the

performance of the

Chief Executive Officer

as contemplated by

Section 90(3)(a) and

90(9)(b) of the Local

Government Act (Act)

and therefore pursuant

to Section 90(3)(a) of

the Act being

information the

disclosure of which

would involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

Report

Minutes

Retain

Released

Annual Review

Prior to 17

February

2016

Reviewed

at Council

meeting 27

January

2016 2014-

18/515

Next review

date prior

to 27

January

2017

No

17/2/2015 8.2.1

Works and

Tendering – Sealed

Road Surfacing Section 90(3)(k) of the Local

Government Act 1999 the

this item is a Tender all

details are to be

As at 9 February 2016

Engineering

2015/11-13

CO2014-18/7

Works 2014/13 receiving of tenders for the

Sealed Road Surfacing Works

– 2014/13 being tenders for

the supply of goods, the

provision of services or the

carrying out of works, which is

specifically all tender details

considered in confidence to

protect commercial

information provided through

the tender process

considered in

confidence to protect

commercial information

provided through the

tender process and the

report, attachments

and associated

documents need to

remain in confidence

until the end of the

meeting so as not to

divulge commercial

information, and

therefore pursuant to

Section 90(3)(k) being

tenders for the supply of

goods, the provision of

services or the carrying

out of work.

Report

Minutes

Retain

Retain

Annual Review

Annual Review

January

2016

January

2016

Yes

Yes

16/06/2015 8.1.1

Works and

Engineering

2015/14-15

CO2014-18/8

Sealed Road

Surfacing Works (1) Section 90(3)(i) of the Local

Government Act 1999

relating to the Sealed Road

Surfacing Works Report, being

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 council which is

the option of taking legal

actions for non-compliance

with contractual

arrangements and Council

policy or actual litigation

response and other reporting

requirements incumbent on

Council, and

report is to outline to

Council potential

breaches of the

contract to supply

sealed road surfaces to

Council and for a

determination of legal

and budget actions

arising from potential

non-conformance with

the written contractual

arrangements. Further

the report will consider

further legal avenues

arising from the

investigation in to

breaches of the said

contract by a public

officer and actions that

officer may take and

therefore it is

recommended that due

to the legal matters

before Council that the

report, attachments

and associated

documents be

considered in

confidence so as not to

divulge information

relating to actual

litigation, or litigation

that the Council

Report

Attachments

Minutes

Retain

Retain

Retain

Annual review

Annual review

Annual review

Prior to 16

June 2016

Prior to 16

June 2016

Prior to 16

June 2016

Yes

As at 9 February 2016

believes on reasonable

grounds will take place,

involving the Council or

an employee of the

Council pursuant to

Section 90(3) (i) of the

Local Government Act.

21/7/2015 8.1.1

Mayor

2015/16-17

CO2014-18/9

Performance Review

of the Chief

Executive Officer

Section 90(3)(a) of the Local

Government Act 1999

relating to the Performance

Review of the Chief Executive

Officer, being information

that would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead) in that it

discloses the employment

performance of the Chief

Executive Officer over the

preceding year;

The matter and

supporting documents

of the agenda item on

balance will disclose

personal information

related to the

performance of the

Chief Executive Officer

as contemplated by

Section 90(3)(a) and

90(9)(b) of the Local

Government Act (Act)

and therefore pursuant

to Section 90(3)(a) of

the Act being

information the

disclosure of which

would involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

Report

Attachments

Minutes

Retain

Retain

Retain

Until the

conclusion of the

Chief Executive

Officer’s

employment

Annual Review

Annual Review

Annual Review

Prior to 21

July 2016

Prior to 21

July 2016

Prior to 21

July 2016

No

15/9/2015 8.1

2015/18-20

CO2014-

18/10

Director Works and

Engineering

Section 90(3)(k) of the Local

Government Act 1999

regarding the receiving,

reviewing and assessing of

tenders for new surfacing

works and resurfacing of

sealed roads – 002/2015,

being tenders for the supply

of goods, the provision of

services or the carrying out of

works, which is specifically

commercial information

provided in confidence, all

tender documentation

present be considered in

confidence to protect

commercial information

provided through the tender

process

As this item is a Tender,

tender submissions and

associated analysis are

to be recommended to

be considered in

confidence to protect

commercial in

confidence information

provided through the

tender process and the

report, attachments

and associated

documents are

provided to the

committee so as not to

divulge commercial

information, and

therefore pursuant to

Section 90(3)(k) of the

Report

Minutes

Retain

Retain

30 June 2019

30 June 2019

Annual

Review

Prior to 15

Sept 2016

Annual

Review

Prior to 15

Sept 2016

Yes

Yes

As at 9 February 2016

Local Government Act

the information is

related to tenders for

the supply of goods, the

provision of services or

the carrying out of

works.

15/9/2015 8.2

2015/21-23

Director

Development and

Environmental

Services

Section 90(3)(g) of the Local

Government Act 1999 –

matters that must be

considered in confidence in

order to ensure that the

council does 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.

This report relates to the

final draft Mitigation

Options Findings Report

that contains a series of

proposed mitigation

works based on

technical advice that

may impact private

land owners within the

region; accordingly it is

recommended that the

report remains

confidential until as such

time that the Authority’s

Board makes a decision

to release the report,

based on feedback

from all Constituent

Councils.

Report

Minutes

Retain

Retain

The matter

remains in

confidence and

is currently lying

on the table

30/11/2015 4.1.1

2015/24-25

Corporate and

Community Services

The Rex, Barossa

Aquatic Fitness

Centre – Select

Tender for

Evaporative Cooling

Equipment /

Installation Services

– Multi Purpose

Sports Stadia

B3754

relating to Section 90(3)(k) of

the Local Government Act

1999, relating to 8.2.1 The

Rex, Barossa Aquatic Fitness

Centre – Select Tender for

Evaporative Cooling

Equipment / Installation

Services – Multi Purpose

Sports Stadia, being

information that must be

considered in confidence in

order to ensure that the

Council does not disclose

information which could

prejudice the outcome of

the tender and any future

associated contract for works

The matter of the

agenda item being a

tender for the supply of

goods, the provision of

services or the carrying

out of works for the

provision of evaporative

cooling equipment and

installation at the Rex,

Barossa Aquatic Fitness

Centre and therefore,

pursuant to Section

90(3)(k) of the Local

Government Act 1999

being information that

must be considered in

confidence in order to

ensure that the Council

does not disclose

information which could

prejudice the outcome

of the tender and any

future associated

Report

Minutes

Retain

Released

Report and

attachments to

be kept in

confidence and

reviewed

annually

Prior to

30/11/2016

Yes

As at 9 February 2016

contract for works.

15/12/2015 8.1.1

2015/26-27

Chief Executive

Officer – Australia

Day Awards - 2016

relating to Section 90(3)(a) of

the Local Government Act

1999 relating to 8.1.1 Australia

Day Awards 2016, being

information the disclosure of

which would involve the

unreasonable disclosure of

information concerning the

personal affairs of any person

(living or dead) being

information of nominees and

those who nominated them

for an Australia Day award

including contact details,

addresses and personal

testimonials

The matter and

supporting documents

of the agenda item on

balance may disclose

unreasonable personal

information of nominees

and those who

nominated them for an

Australia Day award

including contact

details, addresses and

personal testimonials

and therefore pursuant

to Section 90(3)(a)

being information the

disclosure of which

would involve the

unreasonable disclosure

of information

concerning the personal

affairs of any person

(living or dead).

Report

Attachments

Minutes

Released

Retain

Released

Released after

26 January 2016

To be reviewed

annually

Released after

26 January 2016

N/A

Prior to 15

December

2016

N/A

Yes

15/12/2015 8.2.1

2015//28-29

Works and

Engineering – Tender

– Williamstown

CWMS Pressure Main

Duplication –

T0002/2015

relating to Section 90(3)(k) of

the Local Government Act

1999 regarding the receiving,

reviewing and assessing of

tenders for Williamstown

CWMS Pressure Main

Duplication – T0002/2015,

being tenders for the supply

of goods, the provision of

services or the carrying out of

works, which is specifically

commercial information

provided in confidence, all

tender documentation

present be considered in

confidence to protect

commercial information

provided through the tender

process;

As this item is a Tender,

tender submissions and

associated analysis are

to be recommended to

be considered in

confidence to protect

commercial in

confidence information

provided through the

tender process and the

report, attachments

and associated

documents are

provided to Council so

as not to divulge

commercial information,

and therefore pursuant

to Section 90(3)(k) of the

Local Government Act

the information is

related to tenders for

the supply of goods, the

provision of services or

the carrying out of

works.

Minutes

Report and

Attachments

Released

Retain

Released at end

of Council

meeting

15/12/2015

31 December

2016

N/A

Prior to 31

December

2016

Yes

As at 9 February 2016

2016

Date of

Council

Meeting

Agenda Item

and Minute

Book Page

Title of Report Reason for Confidentiality Comment to support

recommendation

Report (including

Attached Supporting

Documents)

and/or Minutes

Recommend

ation re

Release:

- Full Release

- Partial

Release

- Retain

Release Date or

Event

Next

Review

Date

Power

to

revoke

the

order

delegat

ed to

the

CEO?

[Yes /

No]

27/1/2016 8.1.1

2016/1-3

Works and

Engineering – Santos

Tour Down Under

2017

relating to Section 90(3)(d) of

the Local Government Act

1999 – information that

would, if disclosed, confer a

commercial advantage on a

person with whom the

Council is conducting (or

proposes to conduct)

business, or prejudice the

commercial position of the

Council.

The matter of the

agenda item has been

requested to be kept

confidential until the

launch of the Santos

Tour Down Under 2017

event and officially

released to the public

by Events South

Australia which is

anticipated to be

undertaken in July 2016

and therefore pursuant

to Section 90(3)(d)

being information that

would, if disclosed,

confer a commercial

advantage on a person

with whom the Council

is conducting (or

proposes to conduct)

business, or prejudice

the commercial position

of the Council.

Report

Minutes

Retain

Retain

Until such date

as any embargo

on the

announcement

regarding

venues for the

2017 Santos Tour

Down Under is

lifted

Prior to 27

January

2017

No

27/1/2016 8.2.1

2016/4-6

Development and

Environmental

Services –

Appointment of

Independent

Chairperson to the

Board of the Gawler

River Floodplain

Management

Authority

relating to Section 90(3)(d)(ii)

of the Local Government Act

1999 – information the

disclosure of which would, on

balance, be contrary to the

public interest, because it

could prejudice the outcome

of deliberation by other

Constituent Council’s yet to

convene.

This report relates to the

appointment of the

Independent

Chairperson to the

Authority’s Board;

accordingly it is

recommended that the

report remains

confidential until as such

time that all Constituent

Councils have

considered and

Report

Minutes

Retain

Retain

Until the

Authority’s Board

has formally

received

notification of

acceptance of

the appointment

from all

Constituent

Councils and

made public

Prior to 27

January

2017

No

As at 9 February 2016

endorsed the

appointment of the

Independent

Chairperson

announcement

of the

appointment

27/1/2016 8.3.1

2016/7-9

Director Works and

Engineering –

Warren Reservoir

Additional Proposal

relating to Section 90(3) (j)(i)

and (ii) of the Local

Government Act 1999

relating to the Warren

Reservoir Additional Proposal,

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 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

The matter of the

agenda item has been

requested to be kept

confidential until the

official release of the

funding has been made

by the Department of

Water, Environment and

Natural Resources

(DEWNR) which is

anticipated to occur

after the Council

Meeting, and on

balance would be

contrary to the public

interest as

announcement could

prejudice Council’s

access to available

funding.

Report

Attachment

Minutes

Retain

Retain

Retain

Until such date

as any embargo

on the

announcement

regarding

Tourism Demand

Driver

Infrastructure

funding is lifted

Prior to 27

January

2017

No