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🇦🇺 Australia /Crime & Justice

Concerns over loophole allowing residents to shut down Victorian councils

From ABC Australia · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources Under investigation
  • A single resident's legal action has effectively shut down a Victorian shire council.
  • Five councillors have stood down after private prosecution proceedings were launched against them.
  • Advocacy groups fear this loophole could paralyze other local councils unless the government intervenes.

A loophole in Victorian law has led to the effective shutdown of the Hepburn Shire Council, with concerns rising that similar actions could cripple local democracy across the state.

It's untenable that the Local Government Act gives individuals the power to trigger the automatic stand-down of an elected councillor before any independent authority has assessed the merits of the case.

— Robert AmosRobert Amos, chair of Rural Councils Victoria, expressed concern over the current law's implications.

The council's operations have been severely hampered after five of its councillors were forced to stand down. This unprecedented situation arose when local businessman David Penman initiated private prosecution proceedings against them. Under the Local Government Act, any councillor facing criminal charges, regardless of who files them or whether they have been proven, must immediately step down.

With five councillors no longer able to form a quorum, the Hepburn Shire Council is unable to pass any significant decisions. Despite this, essential services like bin collection, roadworks, and library operations are expected to continue. The charges against the councillors reportedly relate to allegations that the council adopted its budget without specific financial documents.

If people have acted inappropriately then they should face justice. But currently the law is being weaponised to disrupt councils and undermine local democracy.

— Robert AmosRobert Amos criticized the misuse of legal processes to disrupt local governance.

Advocacy groups, including Rural Councils Victoria (RCV), are urgently calling for government intervention. RCV chair Robert Amos described the situation as "untenable" and warned of a potential "tidal wave of vexatious, nuisance lawfare proceedings" that could bring local councils to a standstill. He emphasized that the law is being "weaponised to disrupt councils and undermine local democracy."

We fear that without urgent action, a tidal wave of vexatious, nuisance lawfare proceedings could grind local councils to a standstill.

— Robert AmosRobert Amos warned of the potential widespread impact of such legal actions on local councils.

An amendment to the Local Government Act is currently before the Victorian parliament, aiming to close this loophole. Amos stressed the need for its swift completion when parliament resumes. The Municipal Association of Victoria also echoed calls for urgent government action to address councillor conduct frameworks, ensuring timely and just resolutions.

This legislative change must be completed as soon as parliament resumes next week.

— Robert AmosRobert Amos urged for the immediate passage of the amendment to the Local Government Act.
DistantNews Editorial

Originally published by ABC Australia. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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