South Australian Current Acts South Australian Current Acts91—Minutes and release of documents
(1) The
chief executive officer must ensure that minutes are kept of the proceedings
at every meeting of the council or a council committee.
(2) If the
chief executive officer is excluded from a meeting pursuant to Part 3, the
person presiding at the meeting must ensure that minutes are kept.
(3) Each member of the
council must, within five days after a meeting of the council or a
council committee, be supplied with a copy of all minutes of the proceedings
of the meeting kept under this section.
(7)
Section 132(1) does not apply to a document or part of a document
if—
(a) the
document or part relates to a matter dealt with by the council or
council committee on a confidential basis under Part 3; and
(b) the
council or council committee orders that the document or part be kept
confidential.
(8) A council must not
make an order under subsection (7)—
(a) to
prevent the disclosure of the remuneration or conditions of service of an
employee of the council after the remuneration or conditions have been set or
determined; or
(b) to
prevent the disclosure of the identity of a successful tenderer for the supply
of goods or the provision of services (including the carrying out of works),
or of any reasons adopted by the council as to why a successful tenderer has
been selected; or
(ba) to
prevent the disclosure of the amount or amounts payable by the council under a
contract for the supply of goods or the provision of services (including the
carrying out of works) to, or for the benefit of, the council after the
contract has been entered into by all parties to the contract; or
(c) to
prevent the disclosure of the identity of land that has been acquired or
disposed of by the council, or of any reasons adopted by the council as to why
land has been acquired or disposed of by the council.
(9) If an order is
made under subsection (7)—
(a) the
council or council committee must specify the duration of the order or the
circumstances in which the order will cease to apply, or a period after which
the order must be reviewed, and, in any event, any order that operates for a
period exceeding 12 months must be reviewed at least once in every year; and
(ab) in
the case of an order of specified duration—
(i)
the duration of the order cannot be extended after the
order has ceased to apply (as a result of the expiry of the period for which
the order was specified to apply); and
(ii)
an order extending the duration of such an order cannot
be delegated by the relevant council or council committee; and
(b) the
council or council committee must ensure that a note is made in the minutes
recording the making of the order, the grounds on which it was made, and the
decision of the council or council committee under paragraph (a); and
(c) the
council or council committee may delegate to an employee of the council the
power to revoke the order.
(10) No action for
defamation lies against the council in respect of—
(a) the
accurate publication under this section of any information, statement or
document (in whatever form); or
(b) the
accurate publication under this section of a transcript, recording or other
record of a meeting of a council or a council committee.
(11) A document
purporting to be minutes of proceedings at a meeting of a council, or a
council committee, or to be a copy of or extract from such minutes, and to be
signed by the chief executive officer, will be accepted as proof, in the
absence of proof to the contrary, of the matters contained in the document.