Confidential documents

Published on 12 September 2018

Confidential documents

From time to time Council may need to consider items in confidence. 

The Local Government Act 1999 defines the type of items that may be considered in confidence and they include, but are not limited to, those that contain the personal affairs of people, legal advice, security and commercial-in-confidence matters (such as the financial affairs of businesses, trade secrets or information that would prejudice a commercial position).

City of Burnside Chief Executive Office, Paul Deb, said that legislation requires that certain items are kept in confidence, and that the information maintained is not in the public interest.

“Regardless of their position every Council employee, past or present, is entitled to privacy and confidentiality in their personal affairs,” Mr Deb said. “Similarly companies that undertake business with Council, are entitled to confidentiality so as to not compromise their financial position, to protect trade secrets and reputations,” said Mr Deb.

“All other information relating to council employees, including the CEO, becomes public knowledge and is on a public register to which the public has access,” Mr Deb said.

The Act also requires that legal advice, information relating to actual litigation, or litigation that the council believe on reasonable grounds will take place, involving the council or an employee of the council should also be kept confidential. Similarly information that would prejudice the maintenance of the law is also kept confidential.

For transparency, a full listing of all items retained in confidence has been published on Council’s website at www.burnside.sa.gov.au/About-Council/Plans-Reports/Public-Registers#section-7

Council Administration is reviewing all existing confidential orders to determine whether they can be released from confidence, either under CEO delegation or from Council. 

In 2017/18 the Council released, lapsed or ceased 34 orders and it is the intent of the Administration to release documents wherever possible.