South Australian Current Acts

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LOCAL GOVERNMENT ACT 1999 - SECT 90A

90A—Information or briefing sessions

        (1)         A council, or the chief executive officer of a council, may hold or arrange for the holding of a session (not being a formal meeting of a council or council committee required to be held under this Chapter) to which more than 1 member of the council or a council committee is invited to attend or be involved in for the purposes of providing information or a briefing to attendees (an "information or briefing session").

        (2)         A matter must not be dealt with at a council information or briefing session in such a way as to obtain, or effectively obtain, a decision on the matter outside a formal meeting of the council or a council committee.

        (3)         A council information or briefing session must be conducted in a place open to the public during any period in which a matter that is, or is intended to be, on the agenda for a formal meeting of the council or a council committee is discussed at the session.

        (4)         However, the council or chief executive officer may order that an information or briefing session be closed to the public to the extent (and only to the extent) that the council or chief executive officer (as the case requires) considers it to be necessary and appropriate for a matter of a kind referred to in subsection (3) to be discussed in a session closed to the public in order to receive, discuss or consider in confidence any information or matter listed in section 90(3) (after taking into account any relevant consideration under that subsection).

        (5)         If an order is made under subsection (4), the council or chief executive officer (as the case requires) must, as soon as reasonably practicable after the making of the order, make a record of—

            (a)         the grounds on which the order was made; and

            (b)         the basis on which the information or matter to which the order relates falls within the ambit of each ground on which the order was made; and

            (c)         if relevant, the reasons that receipt, consideration or discussion of the information or matter publicly at the information or briefing session would be contrary to the public interest.

        (6)         If an information or briefing session is organised or held by a council or chief executive officer of a council, the following provisions apply:

            (a)         sections 90(5), (6) and (7a) apply to the information or briefing session as if it were a meeting of the council or council committee;

            (b)         a prescribed matter cannot be dealt with at an information or briefing session;

            (c)         a reference to a meeting or meetings in sections 94 and  95 includes a reference to an information or briefing session or sessions.

        (7)         A council or the chief executive officer of a council must comply with any requirements of the regulations relating to the following:

            (a)         the publication of prescribed information as soon as practicable after resolving or determining to hold an information or briefing session;

            (b)         the publication of prescribed information as soon as practicable after the holding of an information or briefing session.



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