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🇦🇺 Australia /Crime & Justice

Businessman's charges effectively shut down Australian council

From ABC Australia · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources Outcome reported
  • Three more councillors at Hepburn Shire Council have been charged privately by a businessman, leaving only two councillors in office and paralyzing the council.
  • The charges, related to the adoption of the annual budget without certain financial documents, force councillors to step down under the Local Government Act.
  • With no quorum, the council cannot hold meetings or make major decisions, though day-to-day operations continue.

Hepburn Shire Council in Australia is effectively shut down after a local businessman laid private prosecution charges against three more councillors, reducing the active council members to just two. This action follows previous charges laid against the mayor and council CEO.

The matters are proceeding as private prosecutions and, like the previous charges, have not involved any investigation, fact‑finding process, or assessment by Victoria Police or any public prosecutorial authority.

— Hepburn Shire CouncilHighlighting the nature of the charges and the lack of official investigation.

Councillors Shirley Cornish, Lesley Hewitt, and Pat Hockey were served with rarely-used private prosecution charges by businessman David Penman. These charges, along with those previously filed against Mayor Tony Clark, relate to allegations that the council adopted its annual budget without specific financial documents. Under Victoria's Local Government Act, councillors facing charges must step down until their cases are resolved in court.

Council … is bitterly disappointed with the impact that this individual’s actions are having on our community and its right to be represented by its democratically elected representatives.

— Hepburn Shire CouncilExpressing the council's frustration with the disruption caused by the private prosecutions.

With four councillors now stood down, the Hepburn Shire Council lacks the required quorum of four members to hold official meetings or make significant decisions. This leaves only councillors Brian Hood and Tim Drylie able to serve. Mr. Hood noted that while essential day-to-day operations like road repairs and rubbish collection will continue, the council cannot enter into new major contracts or capital works.

This move appears to be a purposeful manipulation of the Local Government Act 2020 intended not to address any reasonably suspected wrongdoing, but instead to disrupt council's elected representatives and the fulfilment of their functions.

— Hepburn Shire CouncilAccusing the individual of using legal processes to obstruct council operations.

The council issued a statement expressing deep disappointment, calling the private prosecutions a "disruption of democracy." They argue that these actions, which have not involved police investigation, are a deliberate manipulation of the law to prevent elected representatives from fulfilling their duties. The community's reaction is reportedly mixed, with some viewing the situation as a threat to normal governance processes.

I must emphasise that normal work will continue; repairs to roads, collection of rubbish, the day-to-day operations at council will continue.

— Brian HoodExplaining that essential services will continue despite the council's inability to make major decisions.
DistantNews Editorial

Originally published by ABC Australia in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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