David Penman, a small business owner from Daylesford, was unhappy with his local council. Using little-known laws, he effectively stopped it from making major decisions. This was reported by Qazaqyia.kz citing The Guardian.
Under Victoria's Local Government Act 2020, any councillor facing a criminal charge must step down while the matter is in court. Penman, though not a police officer, launched private prosecutions against Hepburn Shire mayor Tony Clark and councillors Shirley Cornish, Lesley Hewitt, Pat Hockey, and Don Henderson, along with CEO Bradley Thomas. Only two of seven councillors now serve.
Most charges relate to allegations that the council adopted its latest budget without required financial documents. Penman called his actions "democracy functioning through the rule of law." He wrote: "Democracy does not mean elected representatives are immune from the law. Democracy requires elected representatives to obey it."
Hepburn Shire Council said the private prosecutions were "disrupting democracy." A spokesperson stated: "The matters are proceeding as private prosecutions and have not involved any investigation or assessment by Victoria Police or any public prosecutorial authority."
Brian Hood, one of the two remaining councillors, said with five of seven councillors facing charges, there would be no quorum. "We're faced with a situation where the council at a certain level has been shut down," Hood said. However, daily operations continue: "We're collecting the rubbish, opening libraries, maintaining roads. But we can't make any major decisions because there are only two of us."
Hood said the council is "in limbo" until court proceedings conclude. The state government may appoint an administrator. The Victorian government is considering amending section 229 of the act to prevent recurrence. Hood supports changes: if charges are laid by police, councillors must stand down; if by a private individual, they may remain.
He called on Local Government Minister Paul Hamer to act: "The minister will need to act pretty quickly so we can move forward. At the moment we're in no man's land." A Victorian government spokesperson said it was "very concerned" and noted Labor has introduced legislation to allow councillors to continue when facing private prosecutions.