Hepburn Shire's Mayor, Tony Clark, has temporarily stepped down from his duties following charges laid against him by a private citizen, labelling the action a "threat to our democracy." The incident marks the third time a representative of the Central Victorian council has faced such proceedings under rarely invoked laws that permit "private prosecutions."

Mayor Clark, who has pledged to vigorously defend the unproven charges, argues that these actions exploit a significant loophole in the legal system, undermining the integrity of local government. "Having councillors being forced to stand down where there are charges that are not laid by an independent integrity or prosecutorial authority, I think it presents... a threat to our democracy," he stated. "It provides an opportunity for people to attack duly elected officials without any real foundation."

Allegations and Legal Precedent

The charges against Mayor Clark stem from an allegation that the Hepburn Shire Council adopted its current annual budget without the inclusion of specific financial documents. Under the Local Government Act 2020, his temporary step-down from council is effective immediately, necessitating Deputy Mayor Shirley Cornish to assume mayoral duties during his absence.

This is not an isolated event for the Hepburn Shire Council. Local businessman David Penman, who laid the charges against Mayor Clark, previously targeted Councillor Don Henderson and the council's former CEO, Bradley Thomas, with similar private prosecutions in March of this year. Councillor Henderson has also been compelled to temporarily step down. Mr. Thomas, who resigned last month, had also been the subject of an unrelated assault incident during his tenure, where a resident was fined for throwing coffee at him following an argument.

Mr. Penman is reportedly attempting to prosecute Mr. Thomas for two counts of misconduct in public office and Cr Henderson for three counts of a similar charge under local government laws. Further charges were allegedly laid by Mr. Penman in late May, broadening the scope of his legal campaign.

Council's Defence and Legislative Reform

Legal teams representing Cr Henderson and Mr. Thomas are actively working to have the matters dismissed in court, and judicial authorities are understood to be assessing the situation.

The Hepburn Shire Council has issued a statement emphasizing the nature of these proceedings: "All matters were the subject of a private prosecution, and therefore had not involved an investigation, fact-finding process, or assessment by Victoria Police or any public prosecutorial authority." The council expressed regret over the situation, noting, "It is unfortunate that Cr Clark is forced to stand down while unfounded and untested allegations keep him from performing duties he was elected to do, and the impact that similar untested claims and proceedings have had on Don Henderson and Council’s Chief Executive Officer."

A significant concern raised by Mayor Clark is the potential for further charges. Mr. Penman has reportedly threatened to lay charges against additional councillors, which could potentially lead to the entire council being forced to stand down and administrators being appointed to manage Hepburn Shire. Mayor Clark highlighted the alarming ease and low cost – approximately $26.50 – with which such charges can be lodged in a Magistrates Court, bypassing rigorous review or due diligence.

In a positive development for local government integrity, the council welcomed proposed amendments by the Victorian government. These changes aim to modify the automatic stand-down process for councillors in similar circumstances. Mayor Clark confirmed that a second reading of these amendments, designed to close the existing "loophole," is scheduled for parliament on July 28. While acknowledging the amendments won't assist those currently involved, he views them as "a very positive thing" for the future.

Personal Toll and Community Impact

The Mayor shared the significant personal toll these events have taken. "I lost my eyesight when I was 20, and so life has been a challenge... and it's been hard... [but] I have to say the last couple of weeks have been some of the hardest in my life," he revealed. "Having to deal with the stress and the intimidation personally it's been really tough."

Despite the adversity, Mayor Clark remains resolute in his commitment to the community. "I will be doing my best to work out how we can defend democracy and do the best for our community because I think these sort of actions damage our community," he asserted. "They're not an attack on the council, they're actually an attack on our community." He also raised a poignant question about the future of local leadership: "Who would want to stand to be elected representatives when you're exposed to these sorts of unprovoked actions?"