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Recommendation
That Ordinary Council Meeting:
1. Moves into Closed
Session to deal with the matters below, which are classified as confidential
under section 10A(2) of the Local Government Act 1993 for the reasons
specified:
19.3 The
Welcome Industrial Estate - Expression of Interests
This matter is considered to be
confidential under Section 10A(2) - d(i) of the Local Government Act, and the
Council is satisfied that discussion of this matter in an open meeting would,
on balance, be contrary to the public interest as it deals with commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it.
Further it is considered that
discussions of this matter in open Council would, on balance, be contrary to
the public interest as it would prejudice Council's ability to secure the
optimum outcome for the community.
19.4 PSC2025/020
- Design and Construction of two Pedestrian Bridges PAC Park
This matter is considered to be
confidential under Section 10A(2) - d(i) of the Local Government Act, and the
Council is satisfied that discussion of this matter in an open meeting would,
on balance, be contrary to the public interest as it deals with commercial
information of a confidential nature that would, if disclosed prejudice the
commercial position of the person who supplied it.
Further it is considered that
discussions of this matter in open Council would, on balance, be contrary to
the public interest as it would prejudice Council's ability to secure the
optimum outcome for the community.
2. Exclude the media
and public from the meeting on the basis that the business to be considered
is classified as confidential, pursuant to 10A(1), 10(2) and 10A(3) of the Local
Government Act 1993.
3. Withhold reports
and correspondence relevant to the subject business be withheld from the
media and public as provided by section 11(2) of the Local Government Act
1993.
4. Make public
resolutions made by the Council in Closed Session after the conclusion of the
Closed Session, and record such resolutions in the minutes of the Council
meeting.
Background, Issues and Commentary
In accordance with section 10A(2) of the Local
Government Act 1993, Council may close part of its meeting to deal with
business of the following kind:
(a) Personnel matters
concerning particular individuals (other than councillors).
(b) Personal hardship of
any resident or ratepayer.
(c) Information that
would, if disclosed, confer a commercial advantage on a person with whom
Council is conducting (or proposes to conduct) business.
(d) Commercial
information of a confidential nature that would, if disclosed:
(i) Prejudice the
commercial position of a person who supplied it: or
(ii) Confer a commercial
advantage on a competitor of Council;
(iii) Reveal a trade
secret.
(e) Information that
would, if disclosed, prejudice the maintenance of law.
(f) Matters
affecting the security of Council, Councillors, Council staff and Council
property.
(g) Advice concerning
litigation, or advice that would otherwise be privileged from production in
legal proceedings on the grounds of legal professional privilege.
(h) Information
concerning the nature and location of a place or an item of Aboriginal
significance on community land.
(i) Alleged
contraventions of any Code of Conduct requirements applicable under section
440.
It is my opinion that the
business listed in the recommendation is of a kind referred to in section
10A(2) of the Local Government Act 1993 and, under the provisions of
the Act and the Local Government (General) Regulation 2021, should be
dealt with in a part of the meeting that is closed to members of the public
and the media.
Pursuant to section 10A(4) of
the Act and clauses 14.9–14.10 of Council's Code of Meeting Practice,
members of the public may make representations to the meeting immediately
after the motion to close part of the meeting is moved and seconded, as to
whether that part of the meeting should be closed.
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