Victorian law shields councils from private prosecutions
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The Victorian parliament in Australia amended the Local Government Act to prevent private citizens from halting council functions through untested legal charges.
Earlier this year, businessman Peter Penman brought charges against five Hepburn Shire Council councillors. Tony Clark, Don Henderson, Shirley Cornish, Pat Hockey, and Lesley Hewitt, and chief executive officer Bradley Thomas, alleging misuse of public office. Because the law required them to step down while the charges were considered, Hepburn Shire Council lost the ability to make decisions.
The Director of Public Prosecutions later dropped the charges, but not before the councillors were temporarily removed from their positions. Now, the amended law stipulates councillors will only be automatically removed from their roles if criminal proceedings are active or a law-enforcement agency is involved. Rural Councils Victoria and the Hepburn mayor both expressed relief at the changes, which they believe will protect councillors across Victoria from similar attempts to disrupt local government.
The new law aims to address a loophole that opponents said allowed Mr. Penman to effectively shut down the council.
