Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 5.23

5.23 .         Meetings generally open to public

        (1)         Subject to subsection (2), the following are to be open to members of the public —

            (a)         all council meetings; and

            (b)         all meetings of any committee to which a local government power or duty has been delegated.

        (2)         If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following —

            (a)         a matter affecting an employee or employees; and

            (b)         the personal affairs of any person; and

            (c)         a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and

            (d)         legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and

            (e)         a matter that if disclosed, would reveal —

                  (i)         a trade secret; or

                  (ii)         information that has a commercial value to a person; or

                  (iii)         information about the business, professional, commercial or financial affairs of a person,

                where the trade secret or information is held by, or is about, a person other than the local government; and

            (f)         a matter that if disclosed, could be reasonably expected to —

                  (i)         impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or

                  (ii)         endanger the security of the local government’s property; or

                  (iii)         prejudice the maintenance or enforcement of a lawful measure for protecting public safety;

                and

            (g)         information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1971 ; and

            (h)         such other matters as may be prescribed.

        (3)         A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.



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