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LOCAL GOVERNMENT ACT 1993 - SECT 28D Documents relating to agendas

LOCAL GOVERNMENT ACT 1993 - SECT 28D

Documents relating to agendas

(1)  A councillor, on request, is entitled to be provided with a copy of any document, or information, in the possession of the council that relates directly to an item on the agenda of the next meeting of the council or a council committee.
(2)  A request –
(a) is to be in writing; and
(b) is to specify the document, or information, by name or title or subject matter.
(3)  The general manager is to make any document, or information, that is provided to a councillor under this section available to any other councillor on request.
(4)  If the general manager considers that a document, or information, is confidential, the general manager may require the councillor to whom the document, or information, is to be provided to give an undertaking to keep it confidential.
(4A)  If the general manager considers that –
(a) a document, or information, requested by a councillor contains private and confidential information relating to a person; and
(b) that private and confidential information is not relevant to an item on the agenda of a meeting of the council or a council committee –
the general manager may provide the document, or information, after redacting or otherwise removing that private and confidential information.
(5)  The general manager may refuse to provide the councillor with a document, or information, if the councillor –
(a) has declared an interest under section 48 in relation to a matter covered by the document or information; or
(b) refuses or fails to give the undertaking under subsection (4) .
(6)  The general manager may refuse to provide the councillor with a document, any information or a part of a document or information, if the general manager considers that the document, information or part is not relevant to an item on the agenda of a meeting of the council or a council committee.
(7)  If the general manager under subsection (4A) has provided a document, or information, to a councillor after redacting or otherwise removing any private or confidential information the council may direct the general manager to provide the document, or information, to the councillor without redacting or otherwise removing any information from it.
(8)  If the general manager under subsection (6) has refused to provide a document, any information or a part of a document or information to a councillor, the council may direct the general manager –
(a) to provide the document, information or part to the councillor without redacting or otherwise removing any information from it, information or part under subsection (4A) ; or
(b) to determine under subsection (4A) whether any information in the document, information or part should be redacted or otherwise removed, and then to provide the document, information or part to the councillor, whether with or without any information being so redacted or removed.
(9)  The general manager is to comply with a direction of the council given under subsection (8) .