City of Adelaide - COUNCIL AGENDA &...

COUNCIL AGENDA & REPORTS

for the Special meeting

Tuesday, 23 January 2018

at 6.00 pm

in the Colonel Light Room,

Adelaide Town Hall

COUNCIL

Special Meeting Agenda, Tuesday 23 January 2018, at 6.00 pm

Members - The Right Honourable the Lord Mayor [Martin Haese] (Presiding);

Deputy Lord Mayor (Councillor Verschoor);

Councillors Abiad, Antic, Clearihan, Corbell, Hender,

Malani, Martin, Moran, Slama, and Wilkinson.

1. Acknowledgement of Country

At the opening of the Special Council Meeting, the Lord Mayor will state:

‘Council acknowledges that we are meeting on traditional Country of the Kaurna people of the Adelaide

Plains and pays respect to Elders past and present. We recognise and respect their cultural heritage, beliefs

and relationship with the land. We acknowledge that they are of continuing importance to the Kaurna people

living today.

And we also extend that respect to other Aboriginal Language Groups and other First Nations who are

present today.’

2. Acknowledgement of Colonel William Light

Upon completion of the Kaurna Acknowledgment, the Lord Mayor will state:

‘The Council acknowledges the vision of Colonel William Light in determining the site for Adelaide and the

design of the City with its six squares and surrounding belt of continuous Park Lands which is recognised on

the National Heritage List as one of the greatest examples of Australia’s planning heritage.’

3. Apologies and Leave of Absence

Apologies:

Councillors Clearihan, Corbell-Moore, Malani and Slama.

4. Reports for Council (Chief Executive Officer’s Report)

Strategic Alignment – Creative

4.1. Royal Croquet Club Multi-Year Event Licence [2016/01305] [Page 3]

Strategic Alignment – Liveable

4.2. Former Channel 9 site property development [S10/45/2017] [Page 11]

5. CEO Update (Verbal)

6. Exclusion of the Public

6.1. Exclusion of the Public [2017/00571] [Page 15]

For the following Chief Executive Officer Report seeking consideration in confidence:

Strategic Alignment – Corporate Activities

7.1.1 CEO Update (Verbal) [s 90(3) (g)]

Licensed by Copyright Agency. You must not copy this work without permission.

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Council - Special Meeting - Agenda - 23 January 2018

7. Confidential Report

7.1. Confidential Report for Council (Chief Executive Officer’s Reports)


7.1.1 CEO Update (Verbal)

8. Closure


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Royal Croquet Club Multi-Year Event Licence

ITEM 4.1 23/01/2018

COUNCIL

Program Contact:

Mark Goldstone, Chief Executive

Officer 8203 7234

2016/01305

Public

Approving Officer:


Officer

EXECUTIVE SUMMARY The Royal Croquet Club Adelaide Pty Ltd (Subject to Deed of Company Arrangement) has satisfied specific criteria

including provision of appropriate financial securities as set out in the resolution of Council adopted 11 July 2017. On

this basis, the company has been offered a one year event licence for the Royal Croquet Club to be held at Pinky

Flat as part of the 2018 Adelaide Fringe in accordance with the 11 July 2017 Council resolution.

The Royal Croquet Club Adelaide Pty Ltd is in negotiation with a private investor for a five-year commitment

commencing from the 2018 event. Administration has been advised the private investor is seeking assurance from

the Royal Croquet Club Adelaide Pty Ltd in relation to the use of Pinky Flat beyond the 2018 Royal Croquet Club

event.

The Royal Croquet Club Adelaide Pty Ltd are now seeking a multi-year event licence for a five-year period from the

City of Adelaide for the use of Pinky Flat as part of the annual Adelaide Fringe. This may provide the Royal Croquet

Club Adelaide Pty Ltd with the assurance the financial investors are seeking as part of their negotiation with the

Royal Croquet Club Adelaide Pty Ltd.

Prior to the Royal Croquet Club Pty Ltd entering voluntary administration, the event organisers had submitted an

Expression of Interest for a multi-year event licence with the City of Adelaide. The application was evaluated and

underwent public consultation. At the time of the Multi-Year Event Licence report being presented to the meeting

of Council on 11 July 2017 the Royal Croquet Club Pty Ltd were in voluntary administration. Therefore, the outcomes

of the Royal Croquet Club Expression of Interest evaluation, public consultation and the event management

approaches were not included in the report.

Provision of any multi-year event licence can only be granted if Council resolve to provide a longer term licence

arrangement. The Council resolution adopted on 11 July 2017 authorised the Chief Executive Officer to make a

determination to offer a one year event licence for the Royal Croquet Club event for 2018 only.

RECOMMENDATION

THAT COUNCIL:

Option One

1. Notes that in accordance with the resolution of Council on 11 July 2017, the CEO has offered Royal Croquet

Club Adelaide Pty Ltd a one year event licence for the use of Pinky Flat for the 2018 Royal Croquet Club

event.

OR


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Option Two

1. Authorises a five-year multi-year event licence, subject to the event management approaches included as

Attachment A to Item 4.1 on the Agenda for the Special meeting of the Council held on 23 January 2018, to

The Royal Croquet Club Adelaide Pty Ltd for the use of Pinky Flat for the Royal Croquet Club event from

2018-2022.

2. Notes any multi-year event licence will contain a condition that the use of Pinky Flat for each future event year

is subject to the Royal Croquet Club Adelaide Pty Ltd having no outstanding debt owing to the City of

Adelaide (CoA) and provision of satisfactory financial securities.

3. Authorises the Chief Executive Officer (CEO) to make a determination on the multi-year event licence being

offered to The Royal Croquet Club Adelaide Pty Ltd and / or any associated entity or related body corporate

(companies) for the purpose of running the Royal Croquet Club for a five-year period only, including without

limitation, on the basis of the following criteria:

3.1 the commercial viability of the proposed event and enterprise;

3.2 that there has been no change in the shareholding of either of the companies or any of their holding

companies (if any) from the shareholding as at the date of this report, or if such a change in

shareholding has occurred, that such change is satisfactory to the CEO;

3.3 that the companies do not have different directors from those appointed as at the date of this report,

or if different directors have been appointed, then such persons are satisfactory to the CEO;

3.4 the CEO being satisfied that there are no shadow directors of either of the companies; or

3.5 the CEO being satisfied in respect of any financing, loan, credit or similar arrangements or agreements

with the companies or otherwise in connection with the proposed event licence.


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IMPLICATIONS AND FINANCIALS

Strategic Plan Creative- A multicultural city with a passion to create authentic and internationally renowned

experiences.

Policy The provision of a multi-year event licence is in accordance with Council’s Adelaide Park

Lands Event Management Plan.

Consultation

The Royal Croquet Club event as part of the multi-year licence expression of interest

process has undergone public consultation for the legislated period of 21 days. A summary

of the feedback from the public consultation and Administration’s response is provided in

this report.

The public consultation occurred prior to the Royal Croquet Club Adelaide Pty Ltd entering

voluntary administration.

Resource Resources have been allocated to facilitate these events as per the 2017-18 Integrated

Business Plan.

Risk / Legal /

Legislative

There is potential reputational risk for Council with each option.

There is potential risk with each option that the 2018 Royal Croquet Club event will not

proceed.

Opportunities Not as a result of this report

17/18 Budget

Allocation Not as a result of this report.

Proposed 18/19

Budget

Allocation

Not as a result of this report.

Life of Project,

Service, Initiative

or (Expectancy

of) Asset

The multi-year event licence will be from January 2018 until April 2022.

17/18 Budget

Reconsideration

(if applicable)


Ongoing Costs

(eg maintenance

cost)

Not as result of this report.

Other Funding

Sources Not as a result of this report.


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DISCUSSION Background

1. At its meeting on Tuesday 11 July 2017 Council noted that:

1.1. the granting of a multi-year event licence will be subject to the event organiser having no outstanding

event-related debt owing to the City of Adelaide (CoA).

1.2. the Royal Croquet Club Adelaide Pty Ltd and The Social Creative Pty Ltd have gone into voluntary

administration.

1.3. the final approval and execution of any event licence to The Social Creative Pty Ltd or The Royal

Croquet Club Adelaide Pty Ltd is subject to the following conditions:

1.3.1. The outcome of the administration process is complete or resolved in a manner satisfactory to

Council; and

1.3.2. That the appropriate financial securities have been put in place.

2. At the meeting of Council on 11 July 2017, Council authorised the Chief Executive Officer (CEO) to make a

determination on an annual event licence being offered to The Social Creative Pty Ltd, The Royal Croquet

Club Adelaide Pty Ltd and / or any associated entity or related body corporate (companies) for the purpose

of running the Royal Croquet Club in 2018 only, including without limitation, on the basis of the following

criteria:

2.1. the commercial viability of the proposed event and enterprise;

2.2. that there has been no change in the shareholding of either of the companies or any of their holding

companies (if any) from the shareholding as at the date of this report, or if such a change in

shareholding has occurred, that such change is satisfactory to the CEO;

2.3. that neither of the companies has different directors from those appointed as at the date of this report,

or if different directors have been appointed, then such persons are satisfactory to the CEO;

2.4. the CEO being satisfied that there are no shadow directors of either of the companies; or

2.5. the CEO being satisfied in respect of any financing, loan, credit or similar arrangements or agreements

with the companies or otherwise in connection with the proposed event licence.

Multi-Year Event Licence Expression of Interest (EOI)

3. In December 2016, Council endorsed the Adelaide Park Lands Event Management Plan (APLEMP) Project 2,

Create multi-year agreements for significant major events, the EOI approach and the multi-year event licence

options to be offered as part of the EOI process.

4. On 3 January 2017, EOIs for Round 1 were opened for a 4 week period from 6 January until 3 February 2017.

5. Those invited as part of Round 1, fulfilled the following criteria:

5.1. Event management organisations who are recipients of multi- year funding for delivery of major events

(as defined in the APLEMP) and

5.2. Event management organisations who have successfully delivered major events as defined in the

APLEMP in the Park Lands for three years.

6. The Royal Croquet Club Adelaide Pty Ltd submitted an application for a 5 year multi-year event licence.

7. A Probity and Evaluation Plan was compiled to ensure consistency and transparency of the evaluation of

applications and as part of this Probity and Evaluation Plan, Evaluation Criteria was developed.


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8. This Evaluation Criteria was carefully developed allowing for past performance of the event organiser to be

considered, as well as their ability to articulate strategic alignment with the direction of Council in their

application.

9. As per the APLEMP, a number of events were required to undergo a period of 21 days of public consultation,

prior to an event licence being issued.

Public Consultation

10. As part of the multi-year year EOI process the Royal Croquet Club event was included in the 21 day public

consultation process.

11. The public consultation occurred via CoA’s YourSay website and was held for the duration of 26 April – 31

May 2017. The public consultation was extended due to the requirement to include the Alpine Winter Village

event as part of the public consultation, after the initial public consultation had already commenced.

12. The outcome of the public consultation was that:

12.1. There were 201 visits to the YourSay website

12.2. There were 102 ‘Informed Participants’ (those who viewed a video/downloaded a document/visited a

page).

12.3. Nine people completed a submission form via the YourSay website

12.4. Nine people sent in a submission form/separate letter directly to CoA.

13. The APLEMP outlines a commitment that Council will be provided with the Event Management Plan and the

outcomes of a 21 day public consultation prior to seeking Council approval.

14. Due to the Royal Croquet Club entering voluntary administration prior to the 11 July 2017 Council meeting the

outcomes of the public consultation relating to the Royal Croquet Club were not presented to Council for

consideration.

15. Therefore, to meet the requirements of the APLEMP the Royal Croquet Club Event Management Plan can be

viewed via Attachment A including the summary of feedback received during the public consultation period

over April/May 2017. Administration’s response to the feedback is provided here.

16. Submissions provided to the CoA as part of the public consultation can be provided to Council upon request.

Voluntary Administration Process

17. In June 2017, the company directors put certain companies, including The Social Creative Pty Ltd and the

Royal Croquet Club Adelaide Pty Ltd into voluntary administration. This process involved a voluntary

administrator being appointed by the company’s directors, after they decided that the companies were

insolvent or likely to become insolvent.

18. The appointed administrators completed their preliminary investigations for the Royal Croquet Club Adelaide

Pty Ltd and The Social Creative Pty Ltd. On 20 July 2017, it was resolved at the second meeting of creditors

that The Social Creative Pty Ltd be wound up and the company liquidated. In relation to the Royal Croquet

Club Adelaide Pty Ltd the directors requested time to finalise a Deed of Company Arrangement (DOCA)

proposal, and time for the administrators and creditors to give proper consideration. On this basis, the

second meeting of creditors was adjourned.

19. On 7 September 2017, the appointed administrators prepared a supplementary report that provided a

summary of the terms of the DOCA proposal.

20. The DOCA provides for a deed fund to be established in the amount of $500,000 from funds sourced by the

directors from third parties and will be in consideration of creditors agreeing not to pursue any personal

guarantees. The DOCA further provides that the Royal Croquet Club Adelaide Pty Ltd will be released from all

admissible claims.


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http://dmzweb.adelaidecitycouncil.com/agendasminutes/files08/Attachments/Council_23_January_2018_Item_4.1_Link_1.pdf

21. The DOCA proposal provided that the deed fund “will only be made available on the basis that …an event

licence is confirmed with the Adelaide City Council”. Whilst Council supported a proposal that would result in

a better return to its ratepayers and creditors generally than if the company was placed into liquidation, the

Council was not in a position to support a proposal that relied on a clear pre-condition of the grant of the

event licence to the deed fund being established.

22. At a special Council meeting held on 14 September 2017, Council Authorised the Acting Chief Executive

Officer or proxy to vote ‘no’ at the Second Meeting of Creditors.

23. At the Second Meeting of Creditors held on 15 September 2017, the creditors voted in favour of the Royal

Croquet Club Adelaide Pty Ltd executing a deed of company arrangement. The City of Adelaide was the only

creditor registered to vote who recorded a vote ‘against’ entering into the DOCA.

24. Pursuant to the DOCA from 9 October 2017 onwards, control of the company was returned to the directors,

Mr Skipper and Mr Duckworth. Until the DOCA is finalised the company is to be properly referred to as the

Royal Croquet Club Adelaide Pty Ltd (Subject to Deed of Company Arrangement).

One Year Event Licence

25. The Council has previously considered the conditions upon which it would grant an event licence to the Royal

Croquet Club Adelaide Pty Ltd for 2018. The intention of Council’s resolution of 11 July 2017 was that subject

to being satisfied that the Royal Croquet Club Adelaide Pty Ltd was viable and provided there were no

changes in control and there was sufficient funding, a one year event licence for 2018 could be authorised by

the Chief Executive Officer for the purpose of running the 2018 Royal Croquet Club event.

26. Following three extensions of time to meet the financial security requirements, The Royal Croquet Club

Adelaide Pty Ltd met the requirement to provide the required financial security to the City of Adelaide on

5 January 2018. Based on this, the Royal Croquet Club Adelaide Pty Ltd has been offered a one year event

licence for the 2018 Royal Croquet Club event.

Multi-Year Event Licence

27. The Royal Croquet Club Adelaide Pty Ltd is in negotiation with a private investor for financial support.

Administration has been advised the private investor is seeking assurance from the Royal Croquet Club

Adelaide Pty Ltd in relation to the use of Pinky Flat for the purpose of running future Royal Croquet Club

events beyond the 2018 Royal Croquet Club event.

28. As the Royal Croquet Club Adelaide Pty Ltd has been granted a one year event licence for the 2018 event,

they are now seeking a multi-year event licence for a five year period (inclusive of the 2018 event) from the

City of Adelaide for the use of Pinky Flat as part of the annual Adelaide Fringe.

29. A multi-year event licence will potentially provide the Royal Croquet Club Adelaide Pty Ltd with a level of

assurance the financial investors are seeking as part of their proposal to the Royal Croquet Club Adelaide Pty

Ltd. There is, however, no guarantee by Council that the Royal Croquet Club Adelaide Pty Ltd would have the

right to use and occupy the Pinky Flat event site over the full term of any multi-year event licence.

30. It should be noted that the draft conditions of the multi-year event licence provide termination rights to

Council including provision for early termination and termination in circumstances of default and or breach of

agreement. Additionally, Council has the right to terminate the licence in any event Council receives notice of

resumption or acquisition of the event site or any land affecting the event site from or by any Statutory

Authority or Council otherwise no longer has the care and control of the Park Lands (or that part of the Park

Lands that may include the event site).

31. The investors have advised the Chief Executive Officer that if a multi-year event licence is not awarded to the

Royal Croquet Club Adelaide Pty Ltd they will not proceed with providing financial backing to the event and

the 2018 Royal Club event will not proceed.


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32. The execution of a multi-year event licence to the Royal Croquet Club Adelaide Pty Ltd until 2022, will be

predicated on the following:

32.1 A condition that the use of Pinky Flat for each future event year is subject to the Royal Croquet Club

Adelaide Pty Ltd having no outstanding debt owing to the CoA; and

32.2 That the appropriate financial securities are in place for the term of the agreement.

Next Steps

33. There are a number of options available to Council. Two options have been provided to Council for

consideration below:

33.1. Option 1 – maintain its position of the 11 July 2017 Council meeting and proceed with the 1 year event

licence to Royal Croquet Club Adelaide Pty Ltd for the purpose of running the 2018 Royal Croquet

Club.

33.2. Option 2 – Award a multi-year event licence to the Royal Croquet Club Adelaide Pty Ltd from 2018 –

2022 for the purpose of running the Royal Croquet Club on Pinky Flat.

34. Option 2 is presented in recognition of the request received from the Royal Croquet Club Adelaide Pty Ltd.

Furthermore, the potential investors have indicated that they will only underwrite the 2018 event and any

future events on the basis of a five year licence.

35. The potential risks associated with Option 1 is that the private investors withdraw their offer of financial

backing to the Royal Croquet Club Adelaide Pty Ltd and the 2018 Royal Croquet Club does not proceed.

36. In the event the 2018 Royal Croquet Club does not occur, Administration understands that the deed

contribution as part of the voluntary administration process will not be paid.

37. The potential risk associated with Option 2 is that the Royal Croquet Club is unable to provide sufficient

information and evidence to satisfy the CEO and the multi-year licence is not awarded and executed.

38. In the event the conditions are not met and the multi-year licence is not executed the financial investors will

withdraw their financial backing to the Royal Croquet Club.

39. The risk of the 2018 Royal Croquet Club not proceeding is a possibility with each option, noting that the 2018

event is due to commence bump-in on 29 January 2018. Administration understands financial commitments

may have been made to contractors, performers and suppliers for the 2018 event.

40. If the event was not to proceed a perceived risk is Pinky Flat will not be activated during the 2018 Adelaide

Fringe.

ATTACHMENTS

Attachment A – Royal Croquet Club event management approaches and public consultation summary.

- END OD REPORT -


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Event Management Approach for Royal Croquet Club 2018-2022

Item

4.1 -

Atta

chm

ent A


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Former Channel 9 site property development

ITEM 4.2 23/01/2018

COUNCIL

Program Contact:

Shanti Ditter, AD Planning &

Development 8203 7756

S10/45/2017

Public

Approving Officer:

Clare Mockler, Director

Community

EXECUTIVE SUMMARY

A development application has been lodged by Tynte Street Developments Pty Ltd (the applicant) with the State

Commission Assessment Panel (SCAP) for the re-development of the former Channel 9 broadcasting studios at 202-

208 Tynte Street, North Adelaide. The plans and planning statement submitted to the SCAP respectively are included

in [Link 1] and [Link 2].

Recent amendments to the Development Plan as a result of the Former Channel 9 site Development Plan

Amendment (DPA) provided for an increase in the site’s development capacity to facilitate redevelopment including

by increased permitted building height. The Development Plan policy for the Tynte Policy Area is included in [Link 3].

The application will be considered by the SCAP against the new provisions. The development is a Category two

development and the application is to be assessed ‘on merit’. Adjacent property owners are directly notified with

respect to the development and may choose to make a submission to SCAP.

As an adjacent property owner (notified of the development due to it being adjacent Wellington Square), Council

may choose to delegate to the Associate Director, Planning and Development to make a submission to SCAP with

respect to the proposed development.

RECOMMENDATION

THAT COUNCIL:

1. Delegates to the Associate Director, Planning and Development to make a submission to the State Commission

Assessment Panel with respect to the development application lodged for 202-208 Tynte Street, North

Adelaide (former Channel 9 site) by no later than 25 January 2018 in accordance with comments made by

Council.


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IMPLICATIONS AND FINANCIALS

Strategic Plan

The provision of serviced apartments provides additional accommodation to increase the

number of bed nights spent in Adelaide by international and domestic visitors. The

proposal provides some permanent residential accommodation albeit limited to eight

dwellings.

Policy There will be no implications requiring policy change.

The North Adelaide Former Channel 9 Site DPA was gazetted on 30 May 2017.

Consultation Category 2 notification is currently being undertaken by SCAP.

Resource Not as a result of this report.

Risk / Legal /

Legislative Not as a result of this report.

Opportunities Not as a result of this report.

17/18 Budget

Allocation None.

Proposed 18/19

Budget

Allocation

None.

Life of Project,

Service, Initiative

or (Expectancy

of) Asset

Not applicable.

17/18 Budget

Reconsideration

(if applicable)


Ongoing Costs

(eg maintenance

cost)


Other Funding

Sources Not applicable.


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DISCUSSION

1. In November 2015, Council commenced investigations to review the Development Plan Policy of the subject

site following a submission from the applicant received during the statutory consultation of the North

Adelaide Large Institutions and Colleges Development Plan Amendment (DPA).

2. Following the relocation of Channel 9 studios to Pirie Street from Tynte Street, a redevelopment opportunity

was identified involving:

2.1 Replacement of buildings on the site;

2.2 Restoration and re-use of the Primitive Methodist Church on the south-west corner of the site and

historic cottages fronting onto Tynte Street and Wellington Square; and

2.3 Return of the rest of the land to residential use.

3. Council agreed to prepare a DPA based on the opportunity to promote appropriate development on this site.

4. Council did not intend to alter the boundaries of the North Adelaide (Historic) Conservation Zone and

reviewed height, density (plot ratio) and other policy settings to facilitate a sensitive re-development of the

site.

5. Written and verbal submissions received regarding policy changes to support redevelopment of the site were

made by Tynte Street Development Pty Ltd as part of the DPA process.

6. The final DPA was gazetted on 30 May 2017 when the following changes to the Development Plan (i.e. the

policies that are now to be used to assess the lodged application) came into effect:

6.1. Primarily residential land use on the site in low to medium density;

6.2. Shops as a merit use on Tynte Street frontages AND within the former church on Wellington Square

corner (previously non-complying);

6.3. Nursing homes as merit land uses (previously non-complying);

6.4. Raise the maximum building height limit from 2 (two) to 6 (six) levels (retaining the non-complying

provision for buildings exceeding the maximum building height);

6.5. New buildings at the boundaries of the site to be lower in scale to achieve a suitable relationship with

adjacent low scale development;

6.6. Design and locate car parking to minimise impact outside of the site, with no changes proposed to the

car parking rates required;

6.7. Retain plot ratio as a merit provision (previously non-complying); and

6.8. List cottages fronting Wellington Square as Local heritage places.

7. With a development cost of $28 million, subject to Schedule 10 of the Development Regulations 2008, the

State Planning Assessment Commission is the relevant planning authority. There is no mandatory referral to

Council for applications over $10million. The SCAP does however seek technical comments by way of an

‘informal referral’ of the application to Council. Comments relating to traffic, waste collection and the like are

provided by Administration.

8. The application proposes the following:

8.1. Construction of a 6 (six) level serviced apartment building (84 apartments) with associated parking at

ground level accessed via Mansfield Street;

8.2. Construction of a 2 (two) storey residential apartment building containing 4 (four) apartments facing

Gover Street with associated parking accessed via Wellington Square;

8.3. Conservation and adaptive reuse of existing Local Heritage listed asymmetrical cottage to be used as a

café located near the corner of Mansfield Street with frontage onto Tynte Street;


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8.4. Construction of a bakery and associated shop-top residence on the corner of Tynte and Mansfield

Streets;

8.5. Conversion of the Wellington Square row cottages into three private residences;

8.6. Removal of a significant tree; and

8.7. Dividing the site of the former Primitive Methodist Church located on the corner of Wellington Square

and Tynte Street (listed as a State Heritage Item) and its associated curtilage on a separate Certificate of

Title.

9. Council has been notified of the development as it is an adjoining property owner (Wellington Square) but

was not notified at the same time as other property owners. Consequently, Council now has until 25 January

2018 to lodge a representation if it so desires. Other notified adjoining owners have until 18 January 2018.

10. Due to limited timeframes, it is recommended that Council delegate to the Associate Director, Planning and

Development to make a submission to the SCAP by 25 January 2018. In doing so it is recommended that the

submission states that the Associate Director, Planning and Development makes a verbal presentation to the

SCAP on the submission.

ATTACHMENTS

Nil

- END OF REPORT


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Exclusion of the Public

ITEM 6.1 23/01/2018

COUNCIL

Program Contact:

Rudi Deco, AD Governance 8203

7442

2017/00571

Public

Approving Officer:


Officer

EXECUTIVE SUMMARY: It is the recommendation of the Chief Executive Officer that the public be excluded from this Special Council meeting

for the consideration of information and matters contained in the following Agenda Item:


7.1.1 CEO Update [s 90(3) (g)]

The Order to Exclude for Item 7.1.1:

1. Identifies the information and matters (grounds) from s 90(3) of the Local Government Act 1999 (SA) utilised

to request consideration in confidence;

2. Identifies the basis – how the information falls within the grounds identified and why it is necessary and

appropriate to act in a meeting closed to the public; and

3. In addition identifies for the following grounds – s 90(3) (b), (d) or (j) - how information open to the public

would be contrary to the public interest.


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ORDER TO EXCLUDE FOR ITEM 7.1.1: THAT COUNCIL:

1. Having taken into account the relevant consideration contained in s 90(3) (g) and s 90(2) & (7) of the Local

Government Act 1999 (SA), this Special meeting of the Council dated 23/1/2018 resolves that it is necessary and

appropriate to act in a meeting closed to the public for the consideration of Item 7.1.1 [CEO Update] listed on

the Agenda.

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. The disclosure of

which 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 s 90(2) of the Local Government Act 1999 (SA) this Special meeting of the Council dated 23/1/2018

orders that the public (with the exception of members of Corporation staff who are hereby permitted to

remain) be excluded from this Special meeting to enable this meeting to receive, discuss or consider in

confidence Item 7.1.1 [CEO Update] listed in the Agenda, on the grounds that such item of business, contains

information and matters of a kind referred to in s 90(3) (g) of the Act.


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DISCUSSION

1. s 90(1) of the Local Government Act 1999 (SA), directs that a meeting of Council must be conducted in a place

open to the public.

2. s 90(2) of the Local Government Act 1999 (SA), states that a Council may order that the public be excluded

from attendance at a meeting if Council considers it to be necessary and appropriate to act in a meeting

closed to the public to receive, discuss or consider in confidence any information or matter listed in s 90(3).

3. s 90(3) prescribes the information and matters that a Council may order that the public be excluded from.

4. s 90(4) of the Local Government Act 1999 (SA), advises that in considering whether an order should be made

under s 90(2), it is irrelevant that discussion of a matter in public may:

4.1 cause embarrassment to the council or council committee concerned, or to members or employees of

the council; or

4.2 cause a loss of confidence in the council or council committee.’

4.3 involve discussion of a matter that is controversial within the council area; or

4.4 make the council susceptible to adverse criticism.

5. s 90(7) of the Local Government Act 1999 (SA) requires that an order to exclude the public:

5.1 Identify the information and matters (grounds) from s 90(3) of the Local Government Act 1999 (SA)

utilised to request consideration in confidence;

5.2 Identify the basis – how the information falls within the grounds identified and why it is necessary and

appropriate to act in a meeting closed to the public; and

5.3 In addition identify for the following grounds – s 90(3) (b), (d) or (j) - how information open to the

public would be contrary to the public interest.

6. s 83(5) of the Local Government Act 1999 (SA) has been utilised to identify in the Agenda and on the Report

for the Special meeting, that the following report is submitted seeking consideration in confidence.

6.1 Information contained in Item 7.1.1 – CEO Update:

6.1.1 Contains information which Is Cabinet in Confidence and is not subject to an Existing

Confidentiality Order.

6.1.2 The grounds utilised to request consideration in confidence is s 90(3) (g)

(g) 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;

ATTACHMENTS NIL

- END OF REPORT -


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