Private prosecutions disrupt Hepburn Shire Council operations under Local Government Act 2020
Consensus Summary
A businessman named David Penman has used private prosecution laws to lay charges against five of seven councillors and the CEO of Hepburn Shire Council, alleging they adopted the annual budget without required financial documents. Under the Local Government Act 2020, all charged councillors, including mayor Tony Clark, have been forced to stand down, leaving only two councillors able to serve. This has effectively shut down the councilâs ability to make major decisions, though day-to-day operations like rubbish collection and road maintenance continue. The Victorian government is reviewing section 229 of the act to prevent future disruptions from private prosecutions, with proposed changes expected to stop automatic standdowns for such cases. The council has criticized the actions as a disruption to democracy, while Penman argues his charges are necessary for accountability. The situation has left the council in limbo, with the possibility of an administrator being appointed to restore functionality.
â Verified by 2+ sources
Key details reported by multiple sources:
- Hepburn Shire mayor Tony Clark stepped down temporarily under the Local Government Act 2020 due to private prosecution charges
- Businessman David Penman laid private prosecution charges against Hepburn Shire councillors, including Tony Clark, Shirley Cornish, Lesley Hewitt, Pat Hockey, and Don Henderson, as well as CEO Bradley Thomas
- The charges relate to allegations that Hepburn Shire Council adopted its current annual budget without including specific financial documents
- Five of the seven councillors have been stood down, leaving only two councillors (Brian Hood and Tim Drylie) able to serve, preventing a quorum
- The Victorian government is considering changes to section 229 of the Local Government Act 2020 to prevent automatic standdowns for private prosecutions
- Councillor Don Henderson was previously charged in March this year by David Penman and temporarily stood down
- Bradley Thomas, the councilâs CEO, resigned last month after being charged by David Penman
Points of Difference
Details reported by only one source:
- Tony Clark stated that a person can spend $26.50 to lodge a charge, forcing a council to stand down
- Bradley Thomas was fined $500 for an assault charge involving Stephen Schenk throwing a cup of coffee during an argument about business permits
- Tony Clark mentioned a second reading of proposed amendments to close the 'loophole' is scheduled for July 28
- Tony Clark described the private prosecutions as a 'threat to democracy' and an attack on the community
- Tony Clark mentioned online and personal attacks against him intensified before the charges were laid
- David Penman claimed in a social media post on Monday that councillors adopted a 'blank-sheet budget' and failed to demand legally required documents
- Brian Hood stated that the council is 'in limbo' and may require an administrator appointed by the local government minister
- The Guardian reported that the Victorian government is 'very concerned' about the situation and has already introduced legislation to address the issue
Contradictions
Conflicting information between sources:
- The ABC states Bradley Thomas resigned last month, while the Guardian does not explicitly mention his resignation but notes he was charged and stood down
- The ABC mentions a fine of $500 for Stephen Schenk, but the Guardian does not reference this incident
Source Articles
Mayor calls 'private prosecution' against him 'threat to democracy'
The mayor of Hepburn Shire in Victoria is the third council representative to be charged by the same resident via a rare "private prosecution".
David Penman wasnât happy with his local Victorian council. So, he privately prosecuted five councillors
Legal action by the Daylesford small business owner has forced councillors to stand down â leaving only two able to serve Get our breaking news email , free app or daily news podcast David Penman wasnât happy. The Daylesford small business owner didnât like the work of his local council. So, using little-known laws that force elected officials to stand down, he essentially stopped it from making any big decisions. Continue reading...
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