Victorian councillors welcome changes to protect them from untested private prosecutions
The Victorian parliament has made legislative changes to protect councillors from untested private prosecutions. The amendments to the Local Government Act aim to prevent a loophole that allowed a private citizen to shut down the Hepburn Shire Council.
Local government representatives in Victoria have welcomed recent parliamentary amendments aimed at shielding them from untested private prosecutions.
The changes to the Local Government Act were made in response to a high-profile case earlier this year, in which a businessman brought charges against five councillors from the Hepburn Shire Council, forcing them to stand down.
A loophole closed
The original case involved Hepburn businessman David Penman, who levelled charges against Mayor Tony Clark, councillors Don Henderson, Shirley Cornish, Pat Hockey, and Lesley Hewitt, as well as the chief executive officer Bradley Thomas. The charges related to allegations of misuse of public office in connection with the adoption of the annual budget.
Under the Act, all five councillors were required to stand down until the matters were resolved in court, which prevented the council from functioning due to a lack of quorum.
The Director of Public Prosecutions eventually intervened, withdrawing the charges and allowing the councillors to return to their roles.
Threat to democracy
Kate Makin, deputy chair of Rural Councils Victoria and mayor of Corangamite, noted that the case highlighted a threat to procedural fairness and democracy.