ORDER TO EXCLUDE FOR ITEM 23
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (i) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 28 April 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 23 [Confidential Recommendations of the Audit and Risk Committee – 17 April 2026] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.
Grounds and Basis
Information relating to actual litigation, or litigation that the council or council committee believes on reasonable ground will take place, involving the council or an employee of the council.
This Item is confidential in nature because the report includes information on Council litigation.
The disclosure of information in this report could reasonably be expected to prejudice the outcome of Council’s actual litigation.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 28 April 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 23 [Confidential Recommendations of the Audit and Risk Committee – 17 April 2026] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3)(i) of the Act.
ORDER TO EXCLUDE FOR ITEM 24
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (b), (d) & (j) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 28 April 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 24 [Confidential Recommendations of the City Finance and Governance Committee – 21 April 2026] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.
Grounds and Basis
Recommendation 1 – Main Streets Delivery Options
The disclosure of certain information could reasonably prejudice the commercial position of the Council, the release of such information may confer a commercial advantage on a third party and severely prejudice the Council’s ability to maximise opportunity for the benefit of the Council and the community in this matter and on balance would not be in the public interest to disclose. The disclosure of which 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 the disclosure of which would, on balance, be contrary to the public interest
Recommendation 2 – Delegation to Award Contract (Salesforce Implementation Partner)
This Item is commercial information of a confidential nature (not being a trade secret) the disclosure of which could reasonably be expected to identify the proponent and to confer a commercial advantage on a person with whom the council is conducting business and prejudice the commercial position of the council, with the potential to confer a commercial advantage to a third party competitor of a person with whom the council is conducting business.
Public Interest
Recommendation 1 – Main Streets Delivery Options
The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclose of this information may result in release of information in relation to the proposed commercial deliberations of Council.
Recommendation 2 – Delegation to Award Contract (Salesforce Implementation Partner)
The Committee is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because the disclosure of this information may result in release of information prior to the finalisation of ‘commercial in confidence’ negotiation with the proponent and because the disclosure of Council’s commercial position may severely prejudice Council’s ability to discuss/participate or influence a proposal for the benefit of the Council and the community in this matter and in relation to other contract negotiations.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 28 April 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 24 [Confidential Recommendations of the City Finance and Governance Committee – 21 April 2026] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3)(b), (d) & (j) of the Act.
ORDER TO EXCLUDE FOR ITEM 25
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (b) & (d) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 28 April 2026 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 25 [Confidential Recommendation of the Infrastructure and Public Works Committee – 21 April 2026] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.
Grounds and Basis
This Item is confidential as report contains information of a confidential nature (not being a trade secret). Its disclosure could reasonably be expected to identify the Selected Provider and to confer a commercial advantage on a party with whom Council is conducting business. Additionally, it could prejudice the commercial position of Council, with the potential to confer a commercial advantage to a third-party competitor of a person with whom Council is conducting business
Public Interest
The Committee is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances. Disclosing this information may result in the release of information prior to the finalisation of ‘commercial in confidence’ negotiation with the proponent. Furthermore, disclosure of Council’s commercial position may severely prejudice Council’s ability to discuss/participate or influence a proposal for the benefit of Council and the community in this matter and in relation to other contract negotiations.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 28 April 2026 orders that the public (with the exception of members of Corporation staff and any person permitted to remain) be excluded from this meeting to enable this meeting to receive, discuss or consider in confidence Item 25 [Confidential Recommendation of the Infrastructure and Public Works Committee – 21 April 2026] listed in the Agenda, on the grounds that such item of business, contains information and matters of a kind referred to in section 90(3) (b) & (d) of the Act.