ORDER TO EXCLUDE FOR ITEM 26
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (b), (d), (h) & (k) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 9 December 2025 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 26 [Confidential Recommendations of the Special Audit and Risk Committee - 27 November 2025] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.
Recommendation 1 - Advice of the Audit and Risk Committee 27 November 2025
Grounds and Basis
This item contains certain information of a confidential nature (not being a trade secret) the disclosure of which could reasonably expect to confer a commercial advantage on a person with whom the Council is conducting business, prejudice the commercial position of the Council in respect to its assets and strategic land holdings, and that of adjacent landowners.
The disclosure of information in this report could reasonably prejudice the position of Council and third parties as it includes specialist information including legal advice provided to Council and others on a confidential basis.
Public Interest
The Audit and Risk 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 confidential information of Council and adjacent landowners that are of a financial, legal and strategic nature.
Recommendation 2 - Item 6.3 - Confidential - Appointment of External Auditor
Grounds and Basis
This Item is confidential as a procurement process was conducted for tenders to provide services to Council.
The disclosure of information in this report could reasonably prejudice the commercial position of the person who supplied the information as part of the tender process.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 9 December 2025 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 26 [Confidential Recommendations of the Special Audit and Risk Committee - 27 November 2025] 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), (h) & (k) of the Act.
ORDER TO EXCLUDE FOR ITEM 27
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (o) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 9 December 2025 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 27 [Confidential Recommendations of the Special City Community Services and Culture Committee - 2 December 2025] 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 contains confidential information that must be considered in confidence in order to protect the personal affairs of the nominee. Public discussion and disclosure of information in this report prior to a resolution being determined by Council may potentially implicate the nominee’s reputation in the community.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 9 December 2025 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 27 [Confidential Recommendations of the Special City Community Services and Culture Committee - 2 December 2025] 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) (o) of the Act.
ORDER TO EXCLUDE FOR ITEM 28.1
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (g) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 9 December 2025 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 28.1 [Capital City Committee Annual Report and Update] 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 contains matters that must be considered in confidence in order to ensure that the Council does not breach any law, any duty of confidence, or other legal obligation or duty.
The disclosure of information in this report would breach ‘Cabinet in confidence’ information presented to the Capital City Committee (CCC) and the City of Adelaide Act 1998 which has provided for a State/Capital City inter-governmental forum (the Capital City Committee) to operate ‘in confidence’ and a breach of the associated duty of confidence and legal obligation or duty as a member of the inter-governmental forum. The disclosure of information in this report would be acting contrary to the Capital City Committee operational provisions and could prejudice the position of the State Government and/or Council in relation to current/future proposals prior to State Government and/or City of Adelaide evaluation and deliberation.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 9 December 2025 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 28.1 [Capital City Committee Annual Report and Update] 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) (g) of the Act.
ORDER TO EXCLUDE FOR ITEM 28.2
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 9 December 2025 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 28.2 [Delegation to Award Contract – Community Sports Building, Golden Wattle Park / Mirnu Wirra (Park 21 West)] listed on the Agenda in a meeting open to the public would on balance be contrary to the public interest.
Grounds and Basis
Public Interest
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 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 9 December 2025 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 28.2 [Delegation to Award Contract – Community Sports Building, Golden Wattle Park / Mirnu Wirra (Park 21 West)] 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.
ORDER TO EXCLUDE FOR ITEM 28.3
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (a) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 9 December 2025 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 28.3 [Adelaide Economic Development Authority Appointment of Board Member] 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 contains confidential information that must be considered in confidence in order to protect the personal affairs of the nominee. Public discussion and disclosure of information in this report prior to a resolution being determined by Council may potentially implicate the nominee’s reputation in the community.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 9 December 2025 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 28.3 [Adelaide Economic Development Authority Appointment of Board Member] 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) (a) of the Act.
ORDER TO EXCLUDE FOR ITEM 28.4
THAT COUNCIL:
1. Having taken into account the relevant consideration contained in section 90(3) (a) and section 90(2) & (7) of the Local Government Act 1999 (SA), this meeting of the Council dated 9 December 2025 resolves that it is necessary and appropriate to act in a meeting closed to the public as the consideration of Item 28.4 [Appointment of Independent Council Assessment Panel Members] 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 the expressions of interest contain personal information, the disclosure of which could represent an unreasonable disclosure of personal affairs.
The Council is satisfied 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 would unduly impact applicants who have expressed an interest to join the Council Assessment Panel in confidence.
2. Pursuant to section 90(2) of the Local Government Act 1999 (SA) (the Act), this meeting of the Council dated 9 December 2025 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 28.4 [Appointment of Independent Council Assessment Panel Members] 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) (a) of the Act.