Loophole closed after rare private prosecution shuts Hepburn council

The Victorian parliament recently enacted legislative changes to safeguard councillors against untested private prosecutions. In an unprecedented case earlier this year, businessman David Penman brought private charges against five Hepburn Shire Council councillors and the chief executive officer. Mayor Tony Clark, along with councillors Don Henderson, Shirley Cornish, Pat Hockey, and Lesley Hewitt, and chief executive officer Bradley Thomas, were accused of misuse of public office offences for allegedly adopting the annual budget without necessary financial documents.

As all five councillors were required to stand down until the matter was resolved in court, the council's functionality was severely impacted, leaving it without a quorum. The Director of Public Prosecutions eventually intervened, and the charges were withdrawn, enabling the councillors to resume their positions.

This incident has sparked concerns among rural councils, with Kate Makin, deputy chair of Rural Councils Victoria and mayor of Corangamite, highlighting the threat to procedural fairness and democracy. The changes to the Local Government Act now stipulate that councillors will only be automatically stood down in cases involving ongoing criminal proceedings or when a law-enforcement agency is involved.

This amendment has been passed by the upper house of parliament, addressing the loophole that allowed for the shutdown of the Hepburn Shire Council in this instance. The change was deemed crucial by Rural Councils Victoria deputy chair Kate Makin, emphasizing that such an occurrence could potentially happen to councils throughout Victoria.

Hepburn's mayor, Tony Clark, expressed relief at the new safeguard and relief for councillors across the state regarding their role and authority to act democratically.